You may have heard the comment: "Why pay for movies or music, when they are available for free via the Internet?"
Yet, you would expect to be charged for them if you obtained them from a store. Artists and studios that create and own the copyrights and legal distribution rights to video games, audio books, digital photos, movies and music direct infringement complaints to the university. In accordance with the Digital Millennium Copyright Act, the university must curtail file sharing or uploading copyrighted files at the source upon receipt of a notice.
The source of illegal file sharing is typically a student's computer, on which a file sharing or peer-to-peer program has been installed (e.g. BitTorrent, Limewire, etc.). P2P software is very efficient at downloading quality copies of music or movies. The software is equally efficient at sharing or uploading copyrighted files without action on the part of the user. This sharing or uploading is often the basis for the complaints Virginia Tech receives, resulting in Judicial Referrals for many students. Illegal downloads also result in formal action by the recording industry.
In addition to the monetary penalties that may be imposed under applicable federal laws, copyright infringement is also addressed in Virginia Tech's Policy 7000: Acceptable Use and Administration of Computer and Communication Systems (See the policy at http://www.vt.edu/acceptable_use.php). Please familiarize yourself with this information. It is the violation of this policy that may be the basis of a Judicial Referral. In some cases, students must face the consequences of illegal file sharing in both the university forum and in the federal courts.
Another type of copyright infringement complaint received by the university is in the form of an "early settlement letter." The primary issuer of early settlement letters (and subpoenas) for unauthorized Internet sharing of copyrighted files is the Recording Industry Association of America. Universities receiving these letters are requested to forward them to implicated individuals, whom the RIAA alleges have infringed on an association member's recording copyrights.
Tech is obligated to comply with applicable laws for addressing copyright violations, but is not a party to these legal proceedings. If you receive one of these "settlement letters," it is your responsibility to decide how to respond to the RIAA. You may wish to consult with Student Legal Services (http://www.legal.sga.vt.edu) or your private legal counsel before making a decision to ensure you understand your rights and responsibilities in this matter.
Jeff Kidd
DMCA Coordinator,
Virginia Tech
Editor's note: Jeff Kidd is a member of the Educational Media Company at Virginia Tech's board of directors. EMCVT is the parent company of the Collegiate Times.