Piracy charge results in conviction: but IHEs may be in the clear.

Threats of retaliation from the film and music industry for illegal file sharing took on a new gravity last month with the conviction of an 18-year-old University of Arizona student. This time, the charge was not about setting up a network or distributing pirated content, but of possession of stolen goods. Also, the case was tried in a state court rather than federal court as other cases have been.

"From the looks of things, it appears that the case was originally federal in nature and was later transferred to state by agreement with the defendant's counsel because of his age," says Jason Schultz, an attorney with the Electronic Freedom Foundation, a digital rights advocacy group.

The recording and motion picture industries have filed lawsuits against hundreds of individuals over the past few years, including numerous college students who allegedly used their university networks to swap files. Most of those cases have been settled with fines or are pending. This time, however, the charge resulted in a felony conviction.

"I think this is an aberration. This case seems unusual in the sense that he had so much material and was allegedly using it as part of a profit-making business," Schultz tells University Business. "Most students who trade copyrighted material aren't doing anything of that size or scope."

The student, Parvin Dhaliwal, was sentenced to three months in prison, three years' probation, and 200 hours of community service. He was also fined $5,400 and was ordered to take a course on copyright law at the university.

Schultz says he doesn't think such prosecutions will become commonplace, or increase an IHE's liability. "I don't see anything for universities or colleges to worry about directly," Schultz says. "Criminal aiding and abetting liability requires intentional and direct involvement in the crime. Simply providing the means to commit crimes is never enough to hold one responsible."