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Benefits and Consequences of Peer-to-Peer File Sharing

The new year and a new semester give us a fresh chance to examine an issue that is salient for faculty, staff, and students: peer-to-peer file sharing. By now, few people are unaware of the controversy that surrounds downloading music, movies, and other files for free despite copyright laws. As a community, we must explore the implications and consequences, as well as the potential benefits, of file sharing.

Downloading and sharing copyrighted files can be seductive. The software used to download and share is free and fast, the files themselves are simple to obtain, and there is more than a slim chance of getting away with it. It is often easy for people to rationalize downloading and sharing—but the situation is more complicated than merely clicking on a song title and watching its progress as it downloads to your computer. There are the copyrights, the artists whose imagination and talent created the pieces, the resources you’re using to download—the list goes on.

The recent consequences of downloading copyrighted material, like the latest Britney Spears song, can be unpleasant—even severe. The Recording Industry Association of America (RIAA), the organization that represents, among others, such companies as Sony, Walt Disney Records, and Warner Brothers, has aggressively targeted people engaged in piracy. And although the RIAA has focused on the student community thus far, no one is immune from legal action. Anyone who downloads puts themselves at risk of legal consequences. The RIAA has sued more than 1,000 people who downloaded or facilitated illegal file sharing. At press time, financial settlements, ranging from $2,500 to $7,500, have been made in 220 of the cases. In additional cases, four college students paid $12,500 to $17,000 each in settlements last spring.

The RIAA is offering the Clean Slate Program, which allows people to voluntarily identify themselves, remove illegally downloaded files from their hard drives, and sign affidavits promising not to share illegally acquired files in the future. In return, the RIAA will not pursue legal action.

With the advent of the internet, it is clear that, despite the risks and penalties, the issue of file sharing and downloading digital material is here to stay. Colleges and universities are exploring innovative ways of approaching this issue. Recently, new initiatives have been piloted, including offering students legal access to digital music through a service. The University of Maryland is closely monitoring the development, implementation, and results of such initiatives to see if they might be applicable on our campus. While we view free speech and privacy as important priorities, these must be balanced with compliance with the law. The search for an adequate solution to peer-to-peer issues continues.

Despite the problems of peer-to-peer networks, there are positive, legitimate uses for them. Here at our university, for example, those who use Linux find peer-to-peer networks an efficient way to legally and legitimately share freeware. There are other significant potential uses for file sharing as well. For instance, composers can make new, original works available for critique from music professors and experts. Researchers from campuses across the world can share their work with each other. Independent filmmakers can offer new productions for review and dissemination. Opportunities exist, through peer-to-peer networks, for our global community to become even more tightly connected.

The issue of peer-to-peer networks is complicated. Although the technology’s reputation is marred by some who illegally take advantage of its functionality, the potential for legitimate use—and the benefits from that use—are considerable. I invite you to share your thoughts and ideas with me as we strive to find a solution that preserves privacy, and freedom of expression while promoting legal use of the resources.