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Stuck in the Middle With You
A Survival Guide for Campuses Caught in the File-Sharing War
*In Cooperation with EDUCAUSE

In the three years since the entertainment industry launched its first wave of litigation against individuals suspected of infringing on music and motion picture copyrights by means of peer-to-peer file-sharing, college and university counsel and administrators have become very familiar with fielding and responding to hundreds of industry notices, subpoenas and other inquiries designed to seek out and identify the alleged infringers. Institutions have also implemented policies designed to educate students about copyright laws and impose sanctions for inappropriate use of institutional networks, and in some cases have adopted new technologies to monitor and curtail suspected illegal file-sharing. Despite those efforts, illegal file-sharing activity continues, and this spring the Recording Industry Association of America (RIAA) escalated its enforcement efforts by announcing a new pre-litigation settlement process and seeking the assistance of colleges and universities in communicating about this process with students and other members of the campus community suspected by RIAA of infringement. Notices sent to institutions as part of the latest RIAA initiative:

• Request the institution to preserve all documents and identifying information concerning particular users
• Request the institution to forward "pre-litigation settlement letters" to particular users
• Alert the institution that it may be served with a subpoena seeking identifying information of alleged infringers

The "pre-litigation settlement letters" in turn advise suspected infringers that the RIAA has collected evidence of alleged infringing activity on their part, informs them that the RIAA may file a lawsuit against them, offers them an opportunity to enter into a settlement agreement, and directs them preserve the evidence of their alleged infringing activity.

Hundreds of notices have been sent to institutions as part of this latest RIAA initiative. This program will examine this latest escalation of the entertainment industry enforcement efforts against copyright infringement via P2P file-sharing and its impact on college administrators, counsel and students. In particular the program will examine:

• The legal framework of copyright infringement via P2P file-sharing and the legal requirements applicable to colleges and universities and their students
• The RIAA litigation process and where colleges and universities fit in
• The latest RIAA letters and notices and how institutions are responding
• Technologies blocking infringing activities via P2P file-sharing, other possible institutional responses to unlawful file sharing, and Congressional interest and activity on these issues

The program will examine the various types of communications institutions may receive from the RIAA or other entertainment industry trade groups and the legal and policy considerations to be weighed in determining how to respond to each..

Panelists include: Please join NACUA members Steven J. McDonald of the Rhode Island School of Design, Beth E. Cate of Indiana University and Tracy B. Mitrano of Cornell University for this informative program analyzing institutional issues and options in the battle over P2P file-sharing.