MIT's Letter to Students Warns on Unauthorized File Sharing
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UNAUTHORIZED FILE SHARING OF COPYRIGHTED MATERIALS IS AGAINST THE LAW AND MIT POLICY
As the fall semester at MIT is in full swing, we think it is important to remind you about the serious consequences of unauthorized downloading and sharing of copyrighted materials.
We cannot stress more emphatically that unauthorized downloading and sharing of copyrighted files is illegal, contrary to MIT policy, and a serious matter with potentially damaging consequences. MIT strongly discourages such unauthorized downloading and sharing of computer files (http://ist.mit.edu/security/copyright).
The Recording Industry Association of America (RIAA) has notified MIT and other universities of its intention to continue to sue students for infringing their members' copyrights. It has been reported that as of the beginning of 2006, the RIAA had filed over 17,500 lawsuits. We believe this campaign will continue and expand. See http://www.p2plawsuits.com.
It is also worth reminding you that, in addition to the RIAA, many other content owners, including the Motion Picture Association of America, send takedown notices under the Digital Millennium Copyright Act (DMCA) for videos, movies, games, and software. Takedown notices request that access to infringing files on the Internet be removed or disabled. Students should reconsider engaging in any unauthorized activity in light of the pervasive monitoring of file sharing that content owners do on the Internet.
We know that this has been a most stressful experience for those students who have been named in the past. Accordingly, we are writing this note to ensure that you can avoid this consequence by complying with MIT policy and the law. We also want to let you know of resources available to students facing a notice, subpoena, and/or lawsuit from the RIAA or another entertainment industry company.
Copyright Enforcement Activities
In the past few years, companies in the entertainment industry have aggressively attempted to stop unauthorized downloading, copying, and sharing of music and video by college students. They monitor the Internet daily for this activity. This monitoring allows these companies to identify Internet Protocol ("IP") addresses, but they cannot identify users of those IP addresses. Therefore, when a company determines that an IP address has been used to violate its copyright, a takedown notice is sent to Internet Service Providers ("ISPs") requesting the ISP's registered DMCA agent to forward the notice on to the user of that IP address. The notice describes the alleged unauthorized downloading and sharing of certain copyrighted files over the Internet and requests that access to the infringing files be removed or disabled.
It has been MIT's practice to forward these notices to the identified users. However, MIT does not provide any identifying information to the content owner unless it is required to do so in response to a valid, enforceable subpoena for records.
The RIAA has developed a comprehensive strategy for addressing copyright violations. In addition to takedown notices, the RIAA has been sending campus ISPs two types of notices prior to filing lawsuits: "preservation requests" and "pre-litigation settlement letters." It has been reported that the RIAA has sent almost 3,000 pre-litigation settlement letters. MIT alone has received more than 50 settlement letters this year.
Preservation Requests
"Preservation requests" notify the ISP that a subpoena may be served on it seeking identifying information about a network subscriber who has allegedly infringed an RIAA member's copyrighted sound recordings. Like the takedown notices, the preservation request identifies an alleged infringer's IP address at a particular date and time. The preservation request asks the ISP to preserve contact information for such user.
MIT's practice is to forward the preservation request to the user, if the user can be identified, with an explanatory email from MIT's DMCA agent encouraging the user to preserve evidence relating to the claims and to retain, and not delete, any peer-to-peer program. Again, unless served with a proper subpoena, MIT will not release the contact information based on the preservation request alone.
Pre-Litigation Settlement Letters
Outside legal counsel for the RIAA has also been sending "pre-litigation settlement letters" to the DMCA agent for MIT. The settlement letter is directed to the user of a particular IP address. The letter provides information indicating that the user has violated copyright laws. It provides an opportunity to settle the claim as early as possible at a "significantly reduced amount" compared to the judgment amount a court might enter. It also informs the user to preserve evidence relating to the claims and instructs the user to retain, and not delete, any peer-to-peer programs.
MIT's practice is to forward the settlement letter together with an explanation to the user. Based on the wording in recent copies of the letter, the recipient must settle with the RIAA within twenty (20) days of the date of the letter or face a lawsuit. He or she may want to seek legal counsel before making a decision.
Lawsuits and Subpoenas
If, after a settlement letter is sent, there is no settlement, RIAA member companies have been filing lawsuits in the Federal District Court in Boston against unnamed MIT students for allegedly infringing their copyrights by downloading certain information and, for some, distributing the information to others over the Internet. After filing these "John Doe" lawsuits identifying IP addresses, the companies serve subpoenas on MIT seeking identifying information of the user for that particular IP address.
After providing appropriate notice to the students of the subpoenas and ensuring that the subpoenas are valid, MIT is legally required to provide the information sought by the valid subpoenas. With the subpoenaed information, we understand the companies again try to settle the matter with the identified individuals, and if settlement is not reached, amend the lawsuits to name the individual students and proceed in court.
Technical Questions
If you have any questions about file sharing, IP addresses on the MIT network, or MIT's policy on releasing information, please contact copyright@mit.edu.
Finding an attorney to explain your rights and options:
Massachusetts Bar Association Lawyer Referral Service
Ph: 617.338.0610
www.massbar.org
Boston Bar Association Lawyer Referral Service
Ph: 617.742.0625
www.bostonbar.org
American Bar Association
www.abanet.org/legalservices/findlegalhelp/home.html
If you need further help, you may contact Mark DiVincenzo, MIT's Deputy General Counsel, at 617.452.3985. Although the General Counsel's Office cannot provide legal advice or referrals, they can provide resources and information that may be helpful.
In addition, as we hope you know, MIT has a care network available to you to provide support to help you. Counseling and support are available for all students through the following offices:
Student Support Services (S3)
5-104; 253-4861
Offers personal counseling for undergraduate and graduate students on a broad spectrum of issues including those which may affect a student's academic performance.
Center for Health Promotion and Wellness at MIT Medical
E23-205; 253-3646
Offers resources on issues such as sleep difficulties, stress, time management, relaxation techniques, or concerns about a friend in need.
Mental Health Services at MIT Medical
E23-368; 253-2916
Offers confidential individual and group counseling, psychotherapy, and medication for all students with any personal concerns. Appointments are easily scheduled; walk-in hours available weekday afternoons, 2-4. On call clinicians are available 24/7 for urgent problems.
Housemasters and Graduate Resident Tutors
Offer support and referral to other resources on campus.
Resident Advisors in the FSILGs
Offer support and referral to other resources on campus.
Nightline
Anonymous phone line, run by student peer counselors, available 7pm to 7am (3-8800).
You may know someone who is affected by this process. It's best to advise them to seek legal counsel, and not to hesitate to use the services listed in this email. You can call Mental Health if you are worried about your friend for a confidential consultation.
Sincerely,
Larry G. Benedict,
Dean for Student Life
Jerrold M. Grochow,
Vice President for Information Services & Technology
October 4, 2007
