Phillips Academy’s student-run radio station, WPAA, was notified last week by the Recording Industry Association of America (RIAA) that a student using its equipment had illegally shared a music file. A file-sharing program called “AresWarez” was installed on a computer in the WPAA office. General Manager of WPAA Henry Frankievich believes the program was left running in the background when it automatically uploaded a song from the WPAA iTunes library to someone using the same program on a different computer. Frankievich said, “From what we can tell, this infringement was not intentional. When the file was uploaded, no one was scheduled to be in the studio. That’s why this is so hard to pin on one person.” The RIAA is a trade association under which 90% of all legitimate sound recordings sold in the United States are created, manufactured, and distributed. When the RIAA was alerted that a sound recording was being shared without authorization from the copyright owners, they sent an email to Phillips Academy requesting that the program and sound recording be disabled. The RIAA also warned that if Phillips Academy did not disable the recording, they would also be liable for the infringement under the Digital Millennium Copyright Act (DMCA). Maureen Nunez, Director of Business Services, is the school’s DMCA contact person. When Ms. Nunez received the email, she notified Jeremy Morrill, Technology Project Manager, who found and deleted the offending program. She then informed the RIAA that the issue had been resolved. Frankievich stressed that WPAA does not condone illegal file sharing or copyright infringement and that the software was not installed intentionally. To prevent future infringements, Frankievich met with several members of the administration and the technology office staff to discuss what should be done. Frankievich said, “They were all very understanding. Together, we decided to bolster the security of WPAA’s computers, such that no student can install programs of any kind.” The AresWarez program is thought to have been installed by a DJ who wanted to play a specific track on the radio that the station did not already have. Frankievich said, “To address that need, we plan to upgrade the computers with a new subscription music service. For the most part, DJs will now have instant access to almost every track imaginable. We’re hoping that this will curb piracy even further.” Although the student who installed the program is currently unknown, if he or she is identified, they will be at risk for discipline, as illegal file-sharing is considerted a probationary offense. Director of Technology Valerie Roman said, “A notification like this can definitely be a cause for disciplinary action, since it is not only against the Acceptable Use Policy (AUP,) but against the law.” This infringement case is not Phillips Academy’s first. One previous case involved a movie script downloaded onto a student’s computer. The Motion Picture Association of America (MPAA) responded by sending a letter warning of possible legal action to the student, the student’s family, Ms. Roman, and Head of School Mrs. Chase. The student removed the movie script from her computer and wrote a letter of apology to the MPAA, and no further action was taken. Ms. Roman said, “To date, we have been fortunate. However, some students at other colleges and universities have received large fines and even criminal records for infringing upon music and movie copyright.” Phillips Academy has taken steps to alert the student body of the dangers of illegal downloading. Technology orientations are held each year, and a module on Blackboard currently exists and is being improved under the Community Tab. Ms. Roman said that the RIMES module serves to “make the community aware and to promote ‘Responsible, Informed, Moral, Ethical, and Safe’ use of technology.”
