General Assembly

Minutes from November 1, 2007

Topics: RIAA

Associated Students of Occidental College

General Assembly Minutes

November 1, 2007

12:00-1:30, Fowler 302

Minutes by Chelsey Brack

Senate Members Present: Ryan Bowen, Andrew DeBlock, Denise Loera, Nonda Hanneman, Ken Smutny, Patrick McCredie, Mike Myers, Rob Calderon, Tilak Gupta, Alison Dempsey, Santiago Mendez, Dominique Kirkwood.

Guests Present: Richie DeMaria, Stephanie Kitt, Ben Dalgetty, Daniel Landesman, Aaron Mun, Krystal Wright, Brett Safford, Rory Harrington, Meagan Colvin, Caroline Kim, Bena Li, Jacob Berry, James Taber, John Eaton, Chelsey Brack (15).

Laura Knuttunen and Jessica Simes called the meeting to order at 12:04 PM. They said that the General Assembly is the official student forum of ASOC and is a place where all students are welcome to address campus policies, raise student issues, and begin the process of developing comprehensive solutions to student concerns. It is also a place that recognizes that the student body is one of many groups that help to form the community of Occidental College. In this respect the General Assembly is a tool of the entire community to begin dialogue and the collective process of working together to solve problems. In other words, it is a forum for students to communicate and work with students; it is a forum for students to communicate and work with the administration; and it is a forum for the administration to communicate and work with the student body. Finally, the General Assembly is a place that recognizes that the people who make up the Occidental community vary greatly in perspectives and ideals. For this reason the General Assembly will operate as a forum that encourages dialogue and debate, but will under no circumstances become a forum for personal attacks, hate speech or disrespectful conduct.

1. Recording Industry Association of America (RIAA) and Oxy

ITS Staff - Ethan Bearman, Pam McQuesten, Wesley Tumatsu

Pam said they were here to answer questions. She said that RIAA is a lobbying of professional groups that represents companies that produce music. Their concerns are people who are sharing and downloading music illegally. They have sent out "take-down" or "infringement" notices, which states that someone at a specific IP address was downloading this piece of music, at this time, on this day, which is a violation of copyright and they must take it off. Under copyright law, Pam McQuesten receives these notices. ITS sends the notifications to students, not their names to the RIAA. They have had about one hundred of these since the school year has started. Ethan said they do not send information about the students to the RIAA. The RIAA has been doing this with schools all over the country, a year ago they started sending out settlement letters, which stated that they knew students were sharing the music and will take students to court - all they have is students' IP address - give them a chance to settle with them and not go to court. No names are given, letters are sent to students. It has nothing to do with Oxy, its more between the student and the RIAA. Average settlement per sharing violation $3000. Ethan said a student may receive multiple letters if they're doing multiple scanning’s and the IP address was found on multiple occasions. Patrick asked if students could take computers into ITS to be calibrated or something so they know that they're not sharing music without knowing. Ethan said that when students download their own CD's onto laptops then share the music, they are violating copyright laws. Limewire, Kazaa, Morpheus, etc. He has received emails from people saying that they downloaded one song, but RIAA will search your entire computer and see that there are more, without your knowledge. whenever you're online and connected to the network, Limewire for example will make your music available to anyone, share without your knowledge. The software, like Limewire, is legal, but if you distribute copyright material through Limewire, that is illegal. It is legal if you disable the "sharing" setting.

2. Dialogue (Q & A)

Rory Harrington asked if the RIAA is more after people who are sharing or downloading music, and Pam said that its both. He asked if it has only been this year or last year too, and Pam said it was just this year that it started at Oxy.

John Eaton asked how the RIAA does what they do, and Wes said that they make their methods private. They spy on network traffic where they can, set up fake download sites with decoy files, there are many ways that they catch people. Ethan said that they have no way of proving that you downloaded the music, just that students shared the music. A few months ago a woman challenged the RIAA in court, lost the case, now owes more than $200,000. Pam said that we can expect them to be even more aggressive about this. MPIAA will probably be coming next - motion picture, people who download movies.

Ryan Bowen asked what ways there are for students to defend themselves, to be protected from this. He asked if there is some sort of mandatory constitutional obligation that they have to find us on log-in. Ethan said they are required, in order to be exempt from federal wire-tapping, to operate a private network. Acting as an ISP, ITS don't let anyone who is not at Oxy get on the network. That is how they are able to forward a letter to students because they know students' IP addresses. He also said that privacy on the internet is still a developing issue, in a lot of situations students will not have privacy. Pam said she has received emails where people said "this is not me, I don't have this music, I want to protest," and there is information on their website - a process students must go through and then Pam will send them a letter back saying that it wasn't the student. If there is no response from Oxy within 20 days, RIAA will issue "John Doe Subpoenas" going after the nameless IP addresses. Pam said they are trying to protect the students' privacy as much as they can. Pam said that there are times when they need to know peoples IP addresses, times when it is necessary. Only reveal information when there is a subpoena.

Jeff Carrob asked how long the school holds IP addresses, how the rationale works. Ethan said that the requirements are somewhat vague, the laws that we're affected by are loosely defined. There are online copyright acts that specify that in order for Oxy to not get sued, they have to be able to provide identities of students. Oxy doesn't want to be in the position of having to clamp down on student's use of files, how they share files, etc. They don't want to be sued, but they don't want to clamp down on every student harshly. It takes a lot of money to do that as well. Jess Simes asked if there are support systems for students who are being found guilty, Pam said there is no financial support from Oxy because it is between the student and the RIAA. Lawyers have been contacted and have said they will be available for the students. Ethan and Pam can tell students how to disable their file sharing and get rid of their programs.

Ben Dalgetty said that he got an infringement notice, since then he has seen an increase in copyright organizations trying to check out his computer, he is wondering if students could get a different IP address because now he is in a sense on the radar. Wes said that privacy is a right, anonymity isn't. Even if the IP address was changed, Oxy will still know your IP address, it doesn't go away. Pam said that ITS may not agree with this, but it is the law, so that’s what they need to tell students about - its illegal, people are getting caught. Ben said that in terms of the future, it puts some students now on this radar, are actively being tracked, by changing the IP address - it doesn’t change it’s ability to contact them.

Jacob Berry asked about programs that are paid for like Napster, and Wes and Pam said that it is perfectly legal - they have obtained a license to share their music legally.

Bena Li asked if students use a Proxy address, rather than an IP address, and Wes said there are ways to bypass a proxy address as well. Wes said that its not going to work if the Proxy is not under Oxy's control, RIAA can still subpoena a Proxy address. Unless you have it from another country. Bena also said that she has friends who have gotten settlement notices and had to go out on their own to find lawyers; one of her friends found a lawyer that did a pro-bono case for her and got her $21,000 bill cut down to $3,000. Pam said that Jonathan O'Brien had a list of lawyers that Cindy provided for students. Ethan said that people who have received settlement letters - if goal is to reduce amount of settlement, a lawyer is not what you need, they're unlikely to win, copyright law is very clear. There are other professionals that can negotiate on your behalf. And unless the lawyer is pro-bono, students must pay them.

Ryan Bowen said that Raucous (a program) got a hold of him this summer, a lot of the UC schools have it, its sort of like a Napster for the entire campus. Seems like it is financed by a larger body, not sure who/how getting paid. Pam said that legislature has pressured the school institutions very hard to have it, but the problem with Raucous is that its not used that much by students. It doesn't provide all the music that students want, is not the full range of music that they want. Pam has heard from people at UCLA that it is not used that much. Wes said that by contrast, iTunes has about 4.5 million songs. Raucous is free for students. Alumni have to pay $7.50 a month.

John asked if there are still consequences for students who are downloading or sharing right now that have not been targeted yet, and Wes said that you are not on the radar yet, so you still have time to get it off your system. Its for RIAA to decide, and then its up to a judge and jury to decided. Pam said that RIAA just doesn't want any of this going on, so they're doing what they can to stop students from sharing/downloading illegally. Jeff asked if its safer not to contest, and Pam said she doesn’t think this is going to last for decades, the model is going to shift at some point. iTunes is a great example - people buying music for 99 cents, but other companies will come along charging less. Business models are going to change, the whole digital world has wreaked havoc with information sharing. The times have changed so much. Its not just the RIAA and the music producers, its the music artists who want to be paid for the work they've done as well.

Jacob Berry asked what the risk would be for students to tape record their music and put in on a cassette tape, Wes said that it is legal actually. Part of the price students would pay though is a surcharge that goes to the recording industry which would compensate them from any piracy that may occur. Students could technically record a CD to a cassette tape, which is totally legally. In the 90's though all of this digital stuff began, rights were clamped down on.

Caroline Kim, Student Affairs, said that that brings up the question of owning file types of the same song. If a song is purchased of a iTunes, cannot be converted, not all hardware will play the type of file you downloaded. If an MP3 version of that song is downloaded, what happens with it. Pam said that you purchase the right to have that representation of that song, and if you convert that song, it is illegal to reverse-engineer it. They are protected with digital rights management. The Fair Use Act is striving to make some of these things legal. Wes said that as long as you're not using some shady program, you should be ok.

Brett Safford said that it seems like a lot of these letters came out in one day, it seems like the RIAA can find the specific college address, and he asked if they move onto new locations. Pam said that 13-15 campuses were targeted at the same time Oxy was. They went to the big universities in Michigan and Ohio as well. Trying to make the biggest amount of money. Pam said there will only be a fall-off if there is a fall-off in the activity, and it won't just move on from Oxy, Ethan said there is a lot of money going into it so they won't just stop looking at oxy. have received more than 100 infringement claims. Even when students take down their music and then take it off, they are still guilty of the act. There is no reason why RIAA can't send more letters.

3. Capital Improvement Request - Mike Myers, ASOC Senate

[ ASOC Capital Improvement Request Form

Name: Michael Myers	Department: ASOC
Date: 10/31/07	Total Amount: $2,492.44

Capital Improvements allow departments to grow and develop. The Capital Improvement fund is no more than 10% of the total Savings each year. The fund provides for purchases outside of the range of the yearly operating budget.

Capital Improvement Guidelines:

§ Item must last for at least 3 years without needing updates.

§ The minimum amount of a capital improvement expense must be $300 per item/system. A system is defined as a set of items that do not work alone, such as walkie talkies, or the items that will protect the purchase from damage, such as a bag for a camera.

§ Software is not included in this price because it changes rapidly. Software should come from the department’s operating budget.

§ All requests must be reviewed by the ASOC Advisor, the ASOC Finance Manager, and the Associate Dean of Students prior to being presented to the Senate to ensure that the items meet the guidelines and that the plans for protecting the investment are adequate.

§ The ASOC Advisor will forward the request to the General Assembly. An open forum for student questions and suggestions should occur prior to a vote in Senate.

§ Should you have any questions, please contact Kenna Cottrill at kcottrill@oxy.edu.

Itemized list of purchases:

Item	Purchase From	Cost (be specific)
OptiPlex 745 Desktop,Core 2 Duo E4400/2.0GHz,2M,800FSB No VT (222-9026), Dell UltraSharp 1908FP Flat Panel, Dell USB Keyboard, Windows XP Professional Service Pack, 2.0GB	Dell	$1089.44
iMac, 20-inch, 2.0GHz Intel Core 2 Duo	The Apple Store	$1,284.00
AppleCare Protection Plan for iMac - Auto-enroll	The Apple Store	$119.00








TOTAL		$2492.44

Please explain why your department needs these items, including how they serve your department’s mission, and how they will benefit students.

ASOC has outdated computers that barely function and do not serve our needs. The only functioning computer in the office right now is not even the property of ASOC; it is on loan from OSL. It is not currently possible to do some functions on the computers we have now. ITS does not have any computers to give to ASOC at this point. Senate has run into problems throughout the year in trying to use the computers for funding, Board of Trustee appointments, and various other endeavors. The new computers will help all of ASOC, including Senate, GA, and Honor Board, work more effectively in the ASOC office. This will make the ASOC office a more efficient workspace and allow ASOC leadership to better serve its constituents.

Please explain how you will protect these investments from damage.

The computers will be kept in the ASOC office, which only members of ASOC have access to via a code lock on the door. ASOC will use the computers responsibly so that we avoid viruses, spamware, etc. and ITS will help us maintain the computers as well. ]

Ben Dalgetty asked for the Dell Computer why it says 2 GB of memory, and Mike said that that was what they were asking for. Ben asked how big the monitor is, Ryan answered that they are going for the base model that most of the school has, the most economical model. Jess added that the amount of memory is definitely necessary. Ben said that especially with XP, he knows from personal experience that they would only need 1 GB. Jess said that with any other concerns, go to the Senate meeting on Tuesday at 6:30 pm in Fowler 111.

4. Capital Improvement Request - Krystal Wright, Programming Board

[ASOC Capital Improvement Request Form

Name: Krystal Wright	Department: PB/PB Tech
Date: 10/31/07	Total Amount: $2424

Capital Improvement Guidelines:

§ Item must last for at least 3 years without needing updates.

§ Software is not included in this price because it changes rapidly. Software should come from the department’s operating budget.

§ The ASOC Advisor will forward the request to the General Assembly. An open forum for student questions and suggestions should occur prior to a vote in Senate.

§ Should you have any questions, please contact Kenna Cottrill at kcottrill@oxy.edu.

Itemized list of purchases:

Item	Purchase From	Cost (be specific)
Carvin Stereo Crossover		$300
4 Speakon Cables		$200
UBB1002 10 Input Mixer		$100
Amps and Speakers		$400
Castors and Safety Locks		$224
Walkie-Talkie System		$1200
TOTAL		$2424

Please explain how you will protect these investments from damage.

They will be handled with care and stored appropriately. ]

Jacob Berry asked what the advantage is of having the walkie-talkies instead of cell phones, and Krystal said she personally doesn’t have reception in the barn. Brad added that students shouldn’t be expected to use their own cell phone minutes. Ben said that he has hear that walkie-talkies on campus get really poor reception, that the way they have been doing it is a different way. Kenna and Krystal said they would look into it. Ryan asked if they have looked into O-Team or A-Team to see what resources they still have available, and Kenna said that they rent them. Kenna also said that programming board used to have them but they seem to have disappeared. They need to be kept safe. Also, purchasing them in the long run will keep O-Team etc. from having to buy them, lots of uses for them. Jess reiterated that people should feel free to attend Senate meetings with input.

Jess and Laura thanked everyone for coming and encouraged people to email them at asocga@oxy.edu with any questions, comments or concerns.

Meeting adjourned at 1:06 PM.