The following letter and guidelines was sent to all Boston College computer users September 4, 2003:

TO: All users of the Boston College Information Technology Network
 
In recent weeks the Recording Industry Association of America (RIAA) has served hundreds of subpoenas on colleges and universities under provisions of the Digital Millennium Copyright Act (DMCA), seeking to obtain the identities of individuals who have allegedly infringed the copyrights of its members through peer-to-peer file-sharing. As has been widely reported, Boston College was served with three such subpoenas and filed a motion objecting to the subpoenas on procedural grounds in the United States District Court for the District of Massachusetts, which was allowed in early August.

Boston College's action has led many to believe that the University is "opposing" the recording industry in its efforts to curtail copyright infringement on the Internet. This is an unfortunate misconception.

Boston College complies with all lawfully issued subpoenas. The purpose of Boston College's motion was not to block disclosure of the identities of those who may be sharing music files illegally. Rather, the University sought guidance from the federal court on the proper procedures for issuance of, and compliance with, DMCA subpoenas, which the court has now provided. Boston College students in particular need to know that, now that the procedural rules have been clarified, if the RIAA issues subpoenas in the proper form, it will be able to obtain the identities of those who may be involved in illegal file sharing.

The University's technological resources policy is clear that all members of the University community are to comply with copyright laws. University policy imposes sanctions on the improper use of Boston College technological resources. In the case of students, these sanctions may include disciplinary action through the Office of the Dean for Student Development.

There is no anonymity on peer-to-peer file-sharing sites. In past years many students have been contacted by Information Technology and informed of notices received from the RIAA and other agents for copyright holders. There is little doubt that in the future copyright holders will obtain the names of individuals trading music or video files and bring legal action against them. These actions will almost certainly involve claims for very significant monetary damages. In addition, criminal fines and penalties are possible, if prosecutors were to decide to pursue such cases.

I attach to this letter a short outline of those aspects of university policy and copyright laws that are particularly relevant to these issues. I urge you to review it carefully.

Sincerely,

Joseph M. Herlihy
General Counsel

1. PEER-TO-PEER APPLICATIONS ARE NOT IN THEMSELVES ILLEGAL.

Boston College has not attempted to ban the use of peer-to-peer applications on its network. This technology has legitimate applications, and we believe it has a legitimate role in the academic community.

2. SHARING AND COPYING OF COMMERCIAL MUSIC, VIDEOS, OR SOFTWARE FILES IS USUALLY ILLEGAL, WHETHER THROUGH PEER-TO-PEER PROGRAMS OR BY OTHER MEANS.

Without copyright holder permission, the following activities may subject you to legal liability:

* Downloading or offering for downloading (i.e., "uploading") commercial images, videos, music and software.
* Borrowing CDs, DVDs, or software and making a copy for your own use.
* Purchasing a CD, DVD or software and making copies for others, or allowing others to make copies for their use.

3. DOWNLOADING AND UPLOADING FILES, OR OTHERWISE COPYING FILES, IS LEGAL ONLY IN VERY LIMITED CIRCUMSTANCES.

In general, you can legally download, upload, or otherwise copy only material that you have purchased or when the copyright holder has specifically granted permission to do so. For example, some artists make songs available for download free of charge (i.e., these works can be downloaded with permission). More recently, online sites now exist that offer legal downloading of music files for a fee.

You can also legally make copies of copy written material, for example burning the material to a CD, but only of software, songs or videos which you already have obtained legally (i.e., bought) and only for your personal use. Buying a video or CD does not give you the right to make copies for others.

4. THE PENALTIES FOR COPYRIGHT VIOLATION ARE SEVERE.

Copyright infringement can subject you to damages of up to $150,000 for each act of willful infringement, plus attorneys' fees. In addition, criminal penalties for a first offense can involve up to three years in prison and a maximum fine of $250,000.

5. BOSTON COLLEGE POLICIES PROHIBIT THE USE OF BC TECHNOLOGICAL RESOURCES FOR COPYRIGHT INFRINGEMENT.

Review the Student Guide. University policy states that "all members of the University community are to comply with the copyright laws and the provisions of licensing agreements that apply to software." In addition, all system users agree in the Boston College Technological and Information Resources Use Agreement to comply with copyright laws.

6. BOSTON COLLEGE CANNOT PROTECT STUDENTS FROM ENFORCEMENT ACTIONS BY COPYRIGHT HOLDERS.

Boston College is obligated to respond to lawfully issued subpoenas, and in the future may be required by law to release the names of alleged infringers using the BC network. Remember: if sued, you, not Boston College, will be responsible for damages.