The Hofstra Chronicle

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Copyright infringement traced back to students

By Katie Krahulik News Editor

College students are constantly searching for new and inexpensive ways to get their hands on the latest blockbuster or television series. With the introduction of more streaming outlets, entertainment has become more accessible for instantaneous viewing. However, recent cases of alleged copyright infringement have left two students at Hofstra with referrals to the Office of Community Standards to answer for activity many do not know is illegal.

Companies contacted Hofstra on behalf of HBO and Paramount issuing complaints of illegal activity that were traced back to the IP addresses of students who were downloading material illegally while on the campus server.

Under the Digital Millennium Copyright Act (DMCA), the university is required to take action when approached about this activity. “You are not allowed to use the Hofstra network to do anything illegal. So under this act, we [the university] have to do something,” said Robert Juckiewicz, the vice president for Information Technology.

In a case that occurred last week, a student allegedly engaged in such activity on BitTorrent – a site that allows users to download and share material. “You may not be consciously attempting to share something, but while you’re downloading it, the program is making those pieces that you’re downloading so far available to anybody on the internet,” said James R. Shuart, the assistant director for Academic Systems.

By downloading these files, your computer connects to many different computers – forming a peer-to-peer network. It then brings down individual pieces of the file from different places simultaneously to be assembled on your computer in order to speed up the downloading process. This makes the content shareable, violating federal law.

“You, in essence, become a server and some don’t know it,” Juckiewicz said.

BitTorrent is a content-sharing site intended for the distribution of legally copyrighted material, hence the university has not blocked access to it. However, some feel the blame has been unjustly placed on students.

“I think that the website should be held responsible for this. It’s not the Hofstra student’s fault,” said Shalita Bundy, a freshman biology major. She feels that Hofstra should be paying more attention to the dangers of the site. “These are college students who are on their own now. They just want a way to watch a movie in their dorm. It’s pretty hard to find entertainment for yourself. So especially for a college student, [the consequences are] pretty harsh,” Bundy said.

In Hofstra’s Computer Networks Acceptable Use Guidelines, the university has outlined a list of violations for which students can receive an array of consequences. Students are held responsible for knowing the following violations while utilizing the Hofstra server: “sharing network IDs and passwords (providing unauthorized use of network services), chain e-mail or hoaxes, harassment of others using electronic communication systems (cyber bullying), tapping phone or network transmissions, software piracy, privacy violations, sharing copyrighted materials, e-mail bombing or spamming, commercial use of University resources and illegal activities as set forth in federal, state and local laws and statutes.”

Sanctions as a result of major violations vary, but they may lead to any or all of the following: “loss of Hofstra University computing privileges, disconnection from the HOFSTRA NETWORK, University sanctions as outlined in the Code of Community Standards, monetary reimbursement or other appropriate fines or prosecution under applicable civil or criminal laws.”

“We’re not looking to punish a student, we’re looking to make them aware of copyright law, and many times they don’t even know they did it,” Juckiewicz said.

The allegations are serious, as Hofstra is mandated to answer for any illegal activity taking place on their server. Yet, Chris Bounds, a junior public relations major, was surprised when he learned that his internet access was terminated on Tuesday, Sept. 12 for a copyright violation accusation. “Apparently, I was being accused by HBO for torrenting and distributing ‘The Godfather.’ Why would I torrent ‘The Godfather’ when Hofstra gives everyone HBO Go?”

Bounds was contacted by Public Safety and was given three days to respond. He was told failure to do so would result in a fine.

Once IT personnel checked Bounds’ computer, they realized that they had the wrong person and granted him access to the server again.

Bounds said Hofstra employees were very nice and understanding. “I don’t blame them [Hofstra employees] but I do blame whoever labeled me as the torrenter because they obviously have no idea what they’re doing since I live off campus and didn’t even use my computer for the two hours I was there.”

IT does not have access to content on personal devices. They claim all they can see is that a machine is using a web browser or sending an email, for example. They say they cannot see the email itself or the specific sites students are navigating. Due to these limitations, security professionals are constrained to searching through a list of server users during specific time stamps.

Juckiewicz explained that there are plenty of legal means of getting material nowadays, which is what the IT department tries to encourage.

“So much of this happens underneath the covers of students downloading something that they know they did not buy or pay for or have the rights to. It leaves them open for this to happen,” Juckiewicz said. “You’re already doing something wrong and you know it … So don’t do it.”

Shuart said these cases are rare and there are only a handful that occur each academic year. However, the team at IT takes each case seriously as they are liable for any unethical activity students are conducting on the campus server.