Buried deep within the College Opportunity and Affordability Act of 2008 are several provisions which require federally funded colleges and universities to address intellectual property issues with their students. The EFF (Electronic Frontier Foundation) called the items "troubling" because of the "expensive dead-ends" the provisions require. The bill, which is mostly a series of amendments to existing laws, passed the House of Representatives today in a 380-49 vote.

So now what? The MPAA and RIAA have issued press releases which thank lawmakers for helping address the perceived threat of rampant piracy on college and university networks. Now comes the tricky part for institutions of higher learning - at least those who receive federal money - complying with the provisions.

For starters, the college or university will have to provide all students with "a description of the institution's policies with respect to unauthorized peer-to-peer file sharing, including disciplinary actions that are taken against students who engage in unauthorized distribution of copyrighted materials using the institution's information technology system."

Disseminating information on the university's ideology on copyright infringement may seem like an easy requirement to fulfill. The others - not so much. Higher education institutions will be required to "develop a plan for offering alternatives to illegal downloading or peer-to-peer distribution of intellectual property as well as a plan to explore technology-based deterrents to prevent such illegal activity."

Considering that universities aren't compelled to buy each student an iTunes account may be a relief, since the option to use alternatives already exists. The fact that the universities would have to pick up the tab is moot, since students, if the piracy numbers are true, are already receiving the wares for free. Developing “technology-based deterrents” i.e. filtering, won’t be so easy to sweep under the rug. Filtering technology is unproven at best, and in the rapid world of P2P development, what filters copyrighted music today is ancient history tomorrow - and a wasted investment.

Incentives, in the form of grant money, are offered to universities that exceed expectations. According to section 706 of the bill, the institution could be rewarded for "the support of efforts to establish pilot programs and initiatives to help college campuses reduce illegal downloading of copyrighted content, in order to improve the security and integrity of campus computer networks and save bandwidth costs..."

The provision seems misplaced within the "Fund for the Improvement of Postsecondary Education" guidelines, which offers grants for seemingly more noble causes. In any event, the bill still needs to pass the Senate, and finally signed into law by either the current or next president.

This story is filed in these Slyck News categories
File-Sharing/P2P Related :: Copyright Issues

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