$22,500 per Song

If you have some students that think there are no consequences to sharing copyrighted music through peer to peer networks, have them read this article. Over the summer, a Boston University graduate student by the name of Joel Tenenbaum was ordered to pay a total of $675,000 in damages for illegally downloading 30 songs and sharing them online. Now, this is only the second lawsuit of this nature to go to trial, but many students have had to pay thousands of dollars in settlements to record companies in the past. It is important for students to understand that there can be consequences to illegally sharing copyrighted material online. The defendant in the case actually admitted to the charge while on the stand, but his defense is that he had the right to download and share songs under the fair use doctrine of copyright law. His lawyer, Harvard law professor Charles Nesson, was never allowed to argue this position in the original lawsuit and is hoping to in an appeal. This is a very high profile case that could have long lasting effects on how copyright law is enforced on the internet.

Teaching About Copyright

Understanding copyright law and how it applies in the digital age can be very confusing for both teachers and students. Teaching students to correctly cite their sources, avoid plagiarism along with distinguishing between valid and invalid information online is difficult. Northern Kentucky University recently launched a website called Creative Thinking which includes lessons, videos and student activities about copyright. According to the site, the lessons can be used with middle school through high school students. The site has some copyright basics for educators and a soon to be released teachers' guide.

Wesley Fryer, who has a great educational technology blog, posted his presentation for educators about copyright. The presentation has audio and visual slides that cover copyright, Creative Commons and resources teachers can use for the classroom. Within this presentation, he talks about a copyright and media literacy resource from Temple University called the Media Education Lab. This site also contains videos, lessons and resources that educators can use with their students.

RIAA Stops Massive Piracy Lawsuits

The Wall Street Journal reported Friday that the RIAA is shifting its strategy against people who illegally upload and download copyright protected music online. Instead of threatening individuals with lawsuits and demands of cash settlements, the RIAA will partner up with internet service providers to try and stop people from sharing copyrighted music. Instead of sending letters to ISPs demanding the identity of illegal file sharers and then sueing those customers, the RIAA will let the ISP know when one of it's customers is making copyrighted music available online. The ISP will then send the customer a communication asking them to cease making those files available. If they do not comply, the ISP may slow down, or even cut off internet service to the offender. The RIAA will still sue people who continue to upload and share large amounts of copyrighted material, but they are going to be much more selective about it than they have been for the past five years.

Three High Profile Internet Safety Cases

Conviction in Megan Meier Case

There has been a conviction in the closely watched cyberbullying trial of Lori Drew. You can read about the Lori Drew case in an earlier post in this blog. The synopsis of the story is that a young girl named Meghan Meier committed suicide after being duped on MySpace by a former friend and her mother. Megan had a falling out with her friend, so her former friend and her friend's mother, Lori, and another woman created a fake profile on MySpace to trick Megan. They created a boy named Josh who befriended Megan and then abruptly ended their relationship. Megan, who was already battling depression, committed suicide shortly after the incident. Lori Drew was convicted on three misdemeanor counts of identity fraud.

The conviction, if it stands, could have far-reaching implications for all kinds of websites on the internet. While the act of the Drew family is considered "cyberbullying", Lori Drew wasn't actually convicted of cyberbullying. The conviction is for computer fraud and stems from her breaking the agreement of the terms of service from MySpace for misrepresenting her identity. One of the defenses' main arguments is that Lori Drew checked the Terms of Service box when she created the MySpace account, but never actually read the terms of service and therefore didn't know what she was doing is illegal. There is also an interesting article in which the forewoman of the jury from the case states that the majority of jurors wanted to convict Lori Drew on felony charges.

Julie Amero Spyware Case is Closed

You may remember the case of Julie Amero. She was the substitute teacher who was convicted and sentenced to 40 years in prison for endangering minors in 2004. Prosecutors argued that Amero had put students at risk by exposing them to pornographic images that were popping up on a classroom computer. After reading about the case, some computer security professionals came to Julie's defense, saying that she was a victim of Spyware on a poorly configured computer. Amero was granted a new trial and recently decided to settle out of court. She pled guilty to a misdemeanor charge of disorderly conduct and has had her teaching credentials revoked. You can read an interview with Amero about the entire incident from Computerworld.

Harvard Law Professor takes on the RIAA

Well known Harvard Law professor Charles Nesson has decided to take on the way the Recording Industry prosecutes college students for illegaly downloading music. The RIAA will usually send a letter to the college student asking for between $3000 - $5000 and an assurance that the illegal downloading will stop. If they do not comply, they will be prosecuted to the fullest extent of the law. At least one judge is finding that these students and their families do not have lawyers and do not know their full legal rights, and therefore pay the settlement. Nesson and his law students contend that the RIAA is using civil litigation to punish alleged criminal activity, which in their view is unconstitutional. It should be very interesting to see how this case pans out.

P2P File Sharing - Be Careful!

Just about any teenage student who uses a computer knows how to use Peer to Peer software to share and download songs, movies, tv shows and software. They probably also know that it is illegal to distribute copyrighted material over the internet, whether or not they think it is wrong. This is also true of adults. Many adults know that it is illegal to share copyrighted material online, however, many still choose to do it. Channel 5 recently did a story that shows how the movie industry is tracking down people who are sharing movies illegally online. The video shows an interview with a UMASS Amherst administrator who says that 600 students this year have been reprimanded for having pirated copies of movies on their computers. While the initial punishment is basically a warning, if students are caught again they will have to pay a fine or risk being sued.

Not only do P2P programs put you in danger financially if you are illegally sharing copyrighted materials, but they can also put you in a cybersecurity danger. Check out this article from CNET.com last month. A man was sentenced to four years in prison for stealing personal data off the computers of users using P2P software. He was able to get into their personal files and steal information from tax returns and bank statements. Think about some of the personal information you have in the files on your computer. Using P2P software may offer the opportunity for someone to gain access to those files. Another danger that you can face is downloading an Mp3 with a virus, trojan horse or other type of Malware that can infect and damage your computer.

Another recent example of P2P danger is a music file that infects the computers after it is downloaded. Yahoo Tech reports that an MP3 file that is being shared actually contains a trojan horse program that has attacked half a million computers in a week! It is a fake Mp3 file that actually tries to install malware on your computer which causes constant pop ups on the computer screen. Luckily, only 10 percent of the people who downloaded the file actually installed the malicious software.

OnGuard online has some helpful tips if you do choose to use a P2P file sharing program. Make sure that you set up the software to only share one certain folder, not your entire hard drive. You should also scan anything you download with updated security software to make sure it is clean. Just realize that even if you scan it, there is a chance that it may contain a virus that infects your computer.

Microsoft Launches Intellectual Property Curriculum

The Microsoft Corp. has developed a curriculum aimed to teach students in grade 8-10 about intellectual property rights in a an effort to curb illegal file sharing. Earlier in the year Microsoft performed a survey on 501 teenagers between seventh and tenth grade. The result of the survey showed that many teens had a lax attitude about downloading copyrighted material off of the internet. In fact one of the key findings was that of the teens that participated in the survey fewer than half said that there should be punishment for illegally downloading materials off of the internet. This is in line with a New York Times article in which the author found that an entire group of college students he was speaking to seemed to collectively believe that there was nothing wrong with downloading copyrighted material from the internet.

Another very important finding from the Microsoft Survey was that awareness of the law impacts teen attitudes towards illegal downloading. According to the results of the survey 82% of teens ,who indicated that they were aware of the law, said that illegal downloaders should be punished. The report is very interesting and can be read here. The last key finding prompted Microsoft to launch a curriculum that teaches students about what intellectual property rights are and the possible consequences of illegal fire sharing. The curriculum consists of four thematic units and each unit contains 4 to 6 lesson plans. Right now, Microsoft is looking for teachers to field test the curriculum. The registration is free and the site has an overview of the curriculum and some FAQ's.

To Copy or Not to Copy?

Another interesting article sent to me a while ago by Eric Esteves. This one comes from the New York Times and tweaks my interest on two fronts.

First, what do I consider illegal downloading and copyright infringement? The truth is, it probably varies from person to person. The author of the article, David Pogue, describes a short exercise he uses with groups that he talks to. He throws out different CD ripping scenarios and asks his audience to raise their hands when they feel copyright has been violated. There are some interesting scenarios like, "I own a certain CD, but it got scratched. So I borrow the same CD from the library and rip it to my computer." or "I record a movie off of HBO using my DVD burner. Who thinks that's wrong?" He continues to poll his audience asking questions that some audience members answer as a copyright violation, while others do not. Even as I read this article, I had trouble deciding what copyright infringement is and what isn’t.

The second reason I found this article so interesting was the response Mr. Pogue got when he asked these same questions to about 500 college students. After he asked each question, only about two students raised their hands. So then he asked this question, "O.K., let's try one that's a little less complicated: You want a movie or an album. You don't want to pay for it. So you download it. Who thinks that might be wrong?" Only two out of 500 raised their hands.

The question is, what message as parents and educators should we be sending to our kids and students about music and video downloading? As educators, there are resources out there to help you out. However, do we already live in a culture in which the younger generation feels that downloading music and video off the internet for free is not wrong? How do we change that perception…should we?

One thing we should be warning our students about is the possibility of facing legal action for sharing copyrighted music online. Recently, there were some Mississippi State students sent fines in the mail for sharing music, then there is the incredible verdict against a woman who was fined $222,000 for illegally sharing copyrighted music on Kazaa. There are many people who do not agree with the recording industry suing people for sharing music. A blog has been set up by some lawyers in New York City called, Recording Industry Vs the People. According to the site, its mission is to “to collect and share information about the wave of sham ‘copyright infringement’ lawsuits brought by four large record companies to abuse the American judicial system, distort copyright law, and frighten ordinary working people and their children.” The site provides information about lawsuits happening all across the country.

Plagiarism Education

As the new school year progresses, it is important to remember that you must cite your sources when writing an essay, research paper or PowerPoint presentation. Sometimes it can be difficult for students to understand why they have to do this. Copyright Kids is a website created to educate children about copyright law. It even includes a challenge quiz to test your knowledge on copyright issues. The site also includes a section for parents and teachers with links to educational materials to teach students about copyright law. Education World also publishes a student guide to avoiding plagiarism which gives students tips on how to correctly cite the information they use in their work.

For teachers, there is plagiarism.org which has a wealth of information and resources about plagiarism, including FAQ’s, information about different types of plagiarism and handouts to give to students on how to avoid plagiarism. There are a lot of resources on this site!

Feel free to add comments on some other sites you use with your students!