It's a simple concept: Stealing is wrong

By STATE SEN. TIM BURCHETT
March 24, 2008

One of the first things I learned as a child was that stealing is wrong. The concept is simple: You don't take or give away what's not yours. Yet, somehow, an entire generation has missed this message. Even more striking is that today we find this activity rampant in our institutions of higher learning. So much for teaching the basics.

The issue of illegal file-sharing on university networks is not new. For years now, we have heard of the devastating effects this euphemism for theft has caused the music industry: billions in lost revenue, thousands in layoffs, and hundreds of artists cut from record labels. In any other state, news of such an effect on an industry that contributes so much to our economy and culture is alarming. But to us in Tennessee, where music largely defines us, it is downright shameful.

How have we allowed many of Tennessee's very own educational networks to become resources for such an assault on our own music community? How have schools been allowed to overlook the incredible amounts of theft occurring on their computing systems — activity that not only clogs their networks but violates the integrity of their mission? The situation is simply indefensible. It seems to me, then, that many schools just aren't taking this matter seriously.

Legislation needed

Recently, I introduced legislation that will help them take it more seriously by requiring Tennessee institutions of higher education to adopt and implement a policy prohibiting the infringement of copyrighted works over the school's computer network and report to their governing body on what they are doing to stop illegal file-sharing on their networks. Continued reporting will be contingent upon the receipt of 50 or more notices of infringement from copyright owners.

In particular, these reports will indicate what, if any, technology the school has employed to combat infringing activity on their system. Why have we focused on technology? Because it has been shown to be the most effective component in reducing this activity on campus networks.

We know that our taxpayer-funded university computing resources are being abused for theft. That theft is disproportionately hurting Tennessee and our community of musicians, songwriters, record labels and countless others.

While the legislation is not as strong as I would have liked, it is a good and solid first step. The legislation passed in the Senate education committee and House subcommittee on education, and I am pleased with that. But I am even more grateful that UT-Knoxville, which last year received the fifth-most notices of infringement in the nation, has indicated it will begin to take aggressive steps in eliminating the problem. Also, the University of Memphis has announced it is implementing a technological solution.

These actions by universities show we are making progress and with the passage of this legislation we expect to make even more. We owe it to our talented musicians and songwriters to put an end to the unfettered theft of their music and to teach our students that their work has value. To me, "thou shalt not steal" is a no-brainer. Taking available steps to prevent stealing should be, too.

State Sen. Tim Burchett is a Republican from Knoxville.