Here, it's something that happens most often in the privacy of residence hall rooms, but also in departmental computer labs and staff and faculty offices. The activity spikes on stormy weekends. And while it seems to be on the decline, illegal downloading and sharing of copyrighted material is still just that -- illegal.

"It's kind of naïve to think you could be sitting in your office and downloading a movie to watch over lunch and not have it get back to you," said Jan Dwyer, an analyst in Business Contracts. As copyright agent for UC Davis, she receives complaints from copyright owners who trace incidents of illegal downloading and file-sharing to the campus computer network.

Concerned over legal liability and both the performance and security of the computer network, the campus has taken steps to raise awareness about the issue and enforce discipline for offenders. Measured in complaints from copyright owners, the campus is making progress -- with an almost 60 percent decline in 2003-04 over the previous year.

In the marketplace, there are already legal options available for downloading music, movies and software for a price, but the temptation to download shared files -- that may appear to come without a cost -- is strong.

Even while the university remains diligent about responding to complaints, a systemwide committee is talking with vendors about offering UC students and employees an inexpensive subscription service as yet another legal option for downloading copyrighted entertainment.

Since the passage of the Digital Millennium Copyright Act in 1998, universities have been central to the battle between the entertainment industry's effort to protect its livelihood and those who use the Internet to get entertainment for free.

In 2002-03, complaints received by UC Davis peaked at 422, with almost 76 percent traced to students, more than 19 percent to departmental computers with shared access, and 5 percent to faculty and staff members.

Then, in April of 2003, the Recording Industry Association of America filed some highly publicized lawsuits against students at three universities for copyright infringement -- with settlements reported to be upwards of $10,000.

At UC Davis, Provost and Executive Vice Chancellor Virginia Hinshaw and other campus leaders issued a letter warning the campus community about the personal risks involved with illegal file-sharing -- once in May 2003 and again in September 2003. IT Times, the Student Computing Guide Web site and other campus publications have also highlighted the issue.

By 2003-04, complaints had declined by about 60 percent, to 176. Still, the vast majority were traced to students.

So far, Dwyer said, the university has not been issued a subpoena to identify a campus offender, thereby exposing the person to potential criminal prosecution or a civil lawsuit.

So what have members of the campus community been downloading and sharing?

Dwyer said that what started with songs has now shifted to mostly movies and television shows. Popular from the small screen have been the last episode of "Friends," "King of Queens," "The Simpsons" and "The Family Guy."

From the Big Screen? Harry Potter movies, "Lord of the Rings" movies and "Monsoon Wedding." And every year, "The Big Labowski" shows up. Music includes the alternative rock group Korn, to rap, country and bubble-gum pop.

Dwyer said that institutions that take action against offenders and punish repeat offenders are not liable for the alleged actions of their users.

When complaints come in, they include the specific material downloaded or shared; the date and time; and an IP address, a series of numbers that identifies where the computer was hooked up to the Internet.

Even wireless users can be traced, she added. After the network operation center identifies the user of the IP address, Dwyer sends an e-mail to the user and copies appropriate staff for disciplinary action.

Disciplinary action varies

Whether the offender is a student or employee, complaints are treated as a violation of the campus's Acceptable Use Policy (see http://manuals.ucdavis.edu/ppm/310/310-16a.htm).

Students are required to meet with either Student Housing or Student Judicial Affairs staff, and most first-time violations are resolved with a disciplinary warning. In some cases, the student may not be able to use the campus's high-speed network connection for up to 10 days. Repeat offenders may have their network connection suspended for a month or lose it altogether. A residence hall student may also face additional Student Housing sanctions.

Students who download or share files in the course of employment may find themselves subject to more severe sanctions or even out of a campus job.

Michael Sheesley, director of employee and labor relations, said complaints against employees can be considered a misuse of university resources and be referred to the campus misuse committee for investigation.

"We take these complaints very seriously," he said. "What we want to do is to have it stop."

With human resources often acting as coach, departmental response may range from counseling an employee to dismissal. One employee in a managerial position received a letter of warning for downloading hours of songs. And an employee in a computer-related field was dismissed for illegally downloading computer software.

A threat to computing security

Even with a big decline in complaints and a system in place for disciplining offenders, downloading and file-sharing remains a concern to Bob Ono, security coordinator for Information and Educational Technology. While peer-to-peer file-sharing systems have legitimate use in a university environment, Ono said, downloading and file-sharing -- legal or not -- can threaten the security of the network and its performance by gobbling up bandwidth.

"Some of these files are infected and they can compromise the network," he said, adding the downloading computer may be missing a security patch or not have up-to-date anti-virus utilities.

In addition, some of the files may install backdoor mechanisms that enable unauthorized use of the computer and, possibly, expose confidential or sensitive electronic files.

He and others discussing the issue with Dateline also pointed to the loss of employee time -- that of staff handling complaints or of employees downloading files on work time.

To learn more about file-sharing -- from the risks to legal options and tips for doing it right -- visit the Student Computing Guide Web site at http://scg/filesharing.cfm.

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Legal2Share committee mulls options

A systemwide committee of UC is talking with vendors of digital services about providing legal options for students and employees to download copyrighted entertainment.

Established this fall, the committee, called Legal2Share, has met by teleconference with two companies and is scheduled to talk with a third.

"What we want to do is change the culture," said committee chair David Walker of the Office of the President.

Janet Gong, associate vice chancellor for student affairs at UC Davis and a member of Legal2Share, said the committee is seeking options that won't burden the university with extra costs -- from billing expenses to fees for additional Internet traffic -- without compensation.

"We're interested in a viable legal option that's operationally feasible," she said. "We don't want to put students or the university in a deleterious financial position."

Looking across the UC system

Walker, director of advanced technology for UCOP's Information Resources and Communications, said he hopes the committee can sort through the options and make its recommendations early in 2005.

"I think it's a good thing we're looking into a legal option in concert with other campuses," Gong said. Working together, campuses may be able to negotiate more advantageous terms with a service provider, she added.

UC Berkeley already introduced a service this fall. Students are able to subscribe to Rhapsody, a digital music service that operates through on-demand streaming. A monthly charge of $2 allows those with Internet service to have unlimited access to the company's digital library, to listen to music on demand and to listen to Internet radio. And, using a credit card, students may burn tracks on a compact disc for 79 cents each. The service is not available to faculty and staff members there.

Walker acknowledged that vendors are, naturally, focused on the students, but he said the committee has not ruled out offering the service to employees. "We're not going to exclude them in what we're doing."

-- By Julia Ann Easley