Honesty regarding MP3 Issues
It has been fascinating to see several people on the ISED listserv (John, Rob, David, Carloyn, Mark) raise this issue (see below). What an amazing neat world this technology is spinning. Once again, I think of Derek Bok from Harvard University who said one time in the 80's that the ultimate value of technology will be the issues it raises rather than the new tools it brings us!
As Hamlet said several hundred years ago, "to be honest in this world is to be 1 person out of 10,000." The issue of MP3 files becomes just one more way that we as teachers can educate or abdicate. How did we do in the sixties regarding audio copying? I for one can recall copying all of my friend's Bob Dylan's records onto a big reel-to-reel tape recorder. How did we do in the seventies regarding photostatting issues? How many teachers and schools are still stuck in the mentality of the seventies and eighties where photostatting anything you want with as many copies as you needed seemed appropriate? How did we do in the eighties and nineties regarding software honesty and software piracy? Regrettably, Hamlet may be very close in his estimate of 1 out of 10,000.
And yet with each new example of dishonest behavior via technology, more and more people confront the issues and finally get it! For me, it took living in Charlottesville VA back in 73-75 (not too far from Woodberry Forest) and the influence of Thomas Jefferson before I got it. As part of Summercore and in my own role as computer coordinator of Nobles, I believe it it is incredibly important to educate (not abdicate) students and colleagues on the importance of software honesty. Last year, I gave a presentation to Department Heads on MP3 and term paper dishonesty via the web. Most people in this country still don't understand much about MP3 files and so it MUST be our job to educate and create guidelines within our schools for appropriate and honest use.
We also must understand that it takes time. Almost 20 years have gone by since software started being commercially sold on Apple IIes and it is somewhat rewarding to know that most educators finally get it. One must phlegmatic about MP3 files and see the big picture, perhaps thinking about another 20 year timetable!
Steve Bergen, 1/30/00, Superbowl Sunday
And on the lighter side, a new tune I am working on
MY MP3 HEAVEN
To the tune of My Blue Heaven (by Mitch Miller) with tongue firmly in cheek (of course)
When others might pay
For me there’s no way
I’m happy in MP3 heaven
I bought a big hard drive with 7 gigabytes or maybe more
I know each MP3 file takes up 3 meg or no more than 4
While others might buy
I don’t understand why
I’m happy in MP3 heaven
I download all the songs that I want to keep
My computer teacher says it’s not legal but I just don’t lose no sleep
While others might buy
I always wonder why
I’m happy in MP3 heaven
"Great song, Steve! Is it available on MP3 yet?"
MP3s and Honesty
A thread of comments on the ISED listserv, January 2000
-----------> (1)
From Joel Backon, e-mail: jbackon@choate.edu
Director of Information Technology
Choate Rosemary Hall
Great song, Steve! Is it available on MP3 yet?
A great illustration of Derek Bok's insightful statement is the web site
http://napster.com. If you download the software, you will become part of
a worldwide network of MP3 pirates who offer their MP3 files to anybody
who has the napster software. Choose from 167,000 titles, never knowing
the identity of the "server" you are downloading from. Sites like this
make the RIAA complaint against mp3.com frivolous. They are a small player
in this new economy. Steve is right. We can educate our kids (and adults)
to make good decisions, but we can't try to stay out in front of the
Internet with policy and prevention.
BTW, if you try to filter out napster.com, your kids will be rerouted to
"mirror" sites. If you try to shut it off at the firewall, the service
just jumps to another port. Their message to us: don't waste your time
trying to stop us from reaching the minds and souls of your kids.
-----------> (2)
>From: John Lewis
> How are all of you addressing copyright issues on your intranets in regard
> to the recent popularity of MP3's, digital movies etc.?
>
> As you can imagine, our all-boarding environment, with 80% of our students
> owning computers in networked rooms, has seen a huge rise in popularity in
> students sharing their MP3 and movie collections over the LAN, some of
> which are password protected.
>
> We feel this issue can no longer just be ignored, but needs to be
> addressed in some manner. However, to tell the student body (and the
> faculty) that much of what they are making available breaks copyrights,
> and then not do anything about it would sound hypocritic...
>
> Have any of you addressed this issue? What have been the repercussions?
> What suggestions so you have?
>
> Looking forward to hearing your responses.
>
> --
> John Lewis
> Director of Technology
> Woodberry Forest School
As you can imagine, our all-boarding environment, with 80% of our students
owning computers in networked rooms, has seen a huge rise in popularity in
students sharing their MP3 and movie collections over the LAN, some of
which are password protected.
We feel this issue can no longer just be ignored, but needs to be
addressed in some manner. However, to tell the student body (and the
faculty) that much of what they are making available breaks copyrights,
and then not do anything about it would sound hypocritic...
Have any of you addressed this issue? What have been the repercussions?
What suggestions so you have?
Looking forward to hearing your responses.
--
John Lewis
Director of Technology
Woodberry Forest School
-----------> (3)
Fascinating!
Rob (who sits housebound with 20" of snow on the ground here in
Raleigh-Durham, NC)
Rob Kennedy
Private Schools Guide
About.com
Site: http://privateschool.about.com
Is this the ammunition we are looking for? Looks like copyright infringement
is being taken seriously. We certainly don't tolerate the stealing of
others' property, be it material or intellectual, in our classrooms and
dorms. Why should music 'lifted' from the Web be any different?
A matter for the ethicists? Or is stealing recordings going to go the way of
illegal substances (alcohol) and be made legal?
Or is it another major shift in music playback media, along the lines of the
CD replacing vinyl?
The lawsuit, filed in a district court in
New York on Friday, seeks to prohibit the
company from providing the Instant
Listening service which offers customers
instant access to digital copies of CDs
that they buy through MP3.com partners.
The RIAA suit also encompasses the
"Beam-It" service that enables customers
to put CDs in their computers and have
MP3 versions put into their online
accounts from MP3.com's database.
Because the service doesn't require proof
of ownership of the music –- it only
requires access to a CD –- it makes it
easier to copy music that is not owned.
RIAA president Hilary Rosen sent MP3.com
CEO Michael Robertson a letter Friday,
informing him of the lawsuit.
The letter claims Robertson rejected the
opportunity to engage in licensing
discussions, and that the RIAA has "no
alternative than to seek redress in the
courts."
"Simply put, it is not legal to compile a
vast database of our member's sound
recordings with no permission and no
license," the letter states. MP3.com's
actions "are an affront to artists, music
publishers and writers, producers, and
other retailers."
The RIAA declined to comment beyond
the contents of the letter to Robertson.
"There are no novel legal issues involved
here. It's a textbook case of mass
copyright infringement," said Bob Cohn,
chairman of Emusic. "You can't do this,
it's silly," he said. He said all Internet
companies are on the side of the RIAA,
including the Digital Media Association,
which includes AOL, Real Networks, and
Liquid Audio.
Record industry sources, interviewed
before the lawsuit was filed, said that
MP3.com's storing 45,000 copyrighted
CDs online and streaming them out on
demand are a violation of the Digital
Millennium Copyright Act as well its
license for Net broadcasting.
"What MP3.com has done is so brilliant in
the context of getting ahead of the
game," said Scott Harrington, a partner
with the Manatt, Phelps & Phillips law firm
in Los Angeles, which represents both
artists and record labels in the music
business.
"Ultimately, they [the labels] have to
face the fact that someone has to be the
aggregator, the Amazon.com if you will,
and handle the ephemeral transmission of
product. Right now, it doesn't exist,"
Harrington said. "But MP3 has just put
themselves in the position to be that
party."
Jeremy Silver, vice president of new
media for EMI Music, had multiple
reactions to the new MP3.com service:
"... This is a genius idea.... It fulfills our
aspirations that we've had for a long time
to provide music to consumers anytime,
anywhere, anyhow, on whatever device
they want to receive it on," he said.
But Silver also thinks MP3.com acted
prematurely. "They really should not have
done this without consulting us and
asking our permission. There are some
clear copyright infringements here," said
Silver.
-----------> (4)
Another related article on .MP3 files in an academic setting (Carnegie
Mellon University) is:
The Student Jukebox Sting
http://www.wired.com/news/culture/0,1284,32444,00.html
David Ginsberg
Trustee, Bridges Academy
Sherman Oaks, CA
The Student Jukebox Sting
by Kristen Philipkoski
4:20 p.m. 9.Nov.1999 PST
The Internet may no longer be the Wild
West.
Seventy-one college students at
Carnegie Mellon University (CMU) in
Pittsburgh, Pennsylvania, have been
disciplined for the illegal use of MP3 files
on the University's intranet.
-----------> (5)
From
Mark LaPlante e-mail: laplante@aol.com
Middle School Technology Coordinator www: www.sssas.pvt.k12.va.us
St. Stephen's & St. Agnes School phone: 703-212-2806
Alexandria, VA fax: 703-578-0193
>We feel this issue can no longer just be ignored, but needs to be
>addressed in some manner. However, to tell the student body (and the
>faculty) that much of what they are making available breaks copyrights,
>and then not do anything about it would sound hypocritic...
>
I do not think it would hurt to advise them of the issue, then put the
ball in their court.
Does your school currently have any policy that would address this issue
of a student making a copy of an audio tape or CD (to tape or CD) and
then distributing that to their classmates via sneakernet?
If you decide to police your network for MP3 traffic, how will you
distinguish from legitimate MP3s and those that violate copyright?
Clearly a ban on MP3 players on student computers would not be prudent.
It's an interesting question, and I hope people choose to keep their
responses public.
Mark
-----------> (6)
From: carolyn@BRIDGES.EDU
Subject: Re: MP3's, copyright issues on school LAN's
To: ised-l@listserv.syr.edu
Bcc: Steve Bergen-fac
Our website (www.bridges.edu Student handbook) has our policy on copyright
protection issues we developed when we had the problem come up last year.
With lots of discussion, it seems to be working. Many of the students were
simply unaware that what they were doing was both illegal and unethical.
Carolyn McWilliams