The Association of American Universities (AAU), American Council on Education (ACE), National Association of State Universities and Land-Grant Colleges (NASULGC), Association of Research Libraries (ARL), American Association of Law Libraries (AALL) and the American Library Association (ALA) (collectively "Educational Amici") submit this letter to the Court pursuant to the Advisory Committee Note to Circuit Rule 29-1, to express their support for the amicus brief submitted in the above captioned case by the Internet Commerce Coalition and the U.S. Internet Service Provider Association (the "Internet Coalitions Brief"). The Ellison case presents what should be a routine application of the service provider liability provisions of Title II of the Digital Millennium Copyright Act (DMCA) to protect AOL from liability as an Internet service provider..

Congress recently passed H.R. 4137, the Higher Education Opportunity Act (“HEOA” or the "Act"), a massive piece of legislation to reauthorize the Higher Education Act that the President will soon sign into law. This legislation imposes an array of new federal regulatory and reporting requirements for colleges and universities. Two of these provisions are designed to reduce illegal uploading and downloading of copyrighted works through peer-to-peer (P2P) file sharing on campus networks..

We write as the higher education members of the Joint Committee of the Higher Education and Entertainment Communities to express our grave concerns about a proposal developed by the entertainment industry to include illegal peer-to-peer (P2P) file-sharing provisions in the Higher Education Act (HEA). We strongly urge that the entertainment industry's proposal on illegal P2P file-sharing provisions not be included in legislation to reauthorize the HEA..

List of Higher Education Community Actions to Adress Illegal Campus Peer-to-Peer File Sharing: History and Past Activities, Current and Projected Activities..

Testimony by John Vaughn, Executive Vice President of the Association of American Universities, before the Committee on the Judiciary, Subcommittee on Courts, the Internet and Intellectual Property, Hearing on “An Update – Piracy on University Networks” March 8, 2007..

In the late 1990s, individuals with a personal computer and access to the Internet, using a program called Napster, began to offer free digital copies of copyrighted sound recordings for download by other users. Although the recording companies and music publishers were successful in obtaining an injunction against Napster for copyright infringement, millions of individuals in the United States and overseas continued to share digital files of copyrighted recordings using a subsequent generation of file-sharing computer programs...Since September 2003, the recording industry has filed more than 18,000 lawsuits against individuals, claiming billions of dollars in damages based on P2P file sharing and consequent violations of federal copyright laws..

Summary of the “Hearing on the Internet and the College Campus: How the Entertainment Industry and Higher Education are Working to Combat Illegal Piracy,” The Committee on Education and the Workforce, Subcommittee on 21st Century Competitiveness, September 26, 2006..

Summary of the “Hearing on the Internet and the College Campus: How the Entertainment Industry and Higher Education are Working to Combat Illegal Piracy,” The Committee on Education and the Workforce, Subcommittee on 21st Century Competitiveness, September 26, 2006..

Organizations representing higher education, research libraries, and publishers today encouraged colleges and universities across the nation to review their policies for complying with copyright law to ensure they are in line with recent legal and technological developments. To help institutions carry out such reviews, the Association of American Universities (AAU), the Association of Research Libraries (ARL), the Association of American University Presses (AAUP), and the Association of American Publishers (AAP) have written and distributed "Campus Copyright Rights & Responsibilities: A Basic Guide to Policy Considerations.."

The undersigned entities are writing to express their concerns with the Copyright Office’s September 9, 2004 recommended statutory language for a new form of secondary liability for copyright infringement. We commend the Copyright Office for its efforts to meet with the many different stakeholders and to fashion a recommendation that attempts to address the competing interests. Notwithstanding the Copyright Office’s hard work and creativity, the September 9 draft is not ready for mark-up by the Senate Judiciary Committee..

The 2003-2004 academic year saw significant change in approaches to accessing digital entertainment content on college and university campuses across the country. In light of the Subcommittee's requests for periodic updates, the Joint Committee of the Higher Education and Entertainment Communities is providing this report on the status of efforts to address the opportunities and challenges presented by digital copying and distribution of copyrighted works through peer-to-peer (P2P) file sharing networks and alternative means..

I write on behalf of the Association of American Universities, the American Council on Education, and the National Association of State Universities and Land-Grant Colleges to express the concerns of our member colleges and universities with S. 2560, the Inducing Infringement of Copyright Act of 2004. In particular, we are concerned that the broad concepts of “aiding,” “abetting,” or “inducing,” and the uncertain standard of imputed intent, will increase the risk that colleges and universities will face claims of infringement when they develop and provide to students and faculties high-speed computer networks and beneficial new applications that will dramatically enrich educational programs, open new possibilities in the conduct of research, facilitate research collaboration, and enhance communication of research results..

We write to update you on the activities of the Joint Committee of the Higher Education and Entertainment Communities. The Joint Committee met September 17 to review the status of several projects underway and discuss other activities related to the committee’s work. The following is an update on the three major projects focused on deterring unauthorized campus peer-to-peer (P2P) file sharing..

The record industry recently filed lawsuits against four individual university network users, claiming hundreds of millions of dollars in damages based on their peer-to-peer (“P2P”) file-sharing activities and consequent violations of federal copyright laws. The students each agreed to pay as much as $17,500 to settle the lawsuits. Other students who engage in P2P file-sharing activities clearly need to know their potential liabilities for such activities..

We write per your request to update you on the activities of the Joint Committee of the Higher Education and Entertainment Communities. In the past month and a half, the nation’s campuses have taken extensive actions to help deter illegal peer-to-peer (“P2P”) file sharing, and the Joint Committee has implemented several components of its plan to aid colleges and universities..

We write per your request to update you on the activities of the Joint Committee of the Higher Education and Entertainment Communities. In the past month and a half, the issue of peer-to-peer (“P2P”) file sharing has received a great deal of attention on the nation’s college and university campuses, and has been covered extensively by the national news media. Campus administrators have increased and sharpened their communications with their students about the appropriate and inappropriate use of P2P file sharing and the consequences of illegal activities..

We write in response to your letter of March 20 concerning the use of peer-to-peer (P2P) networks on college and university campuses. The Joint Committee of the Higher Education and Entertainment Communities met on April 23 to review the work of its task forces. Much has already been accomplished, and the Joint Committee has established and prioritized initiatives to stem the illegitimate use of P2P systems on campuses around the country..

Testimony of Graham B. Spanier, President of The Pennsylvania State University and Co-Chair of the Joint Committee of the Higher Education and Entertainment Communities, before the Subcommittee on Courts, The Internet, and Intellectual Property, House Committee on the Judiciary, February 26, 2003..

Summary of Hearing on "Peer-to-Peer Piracy on University Campuses," Subcommittee on The Courts, the Internet, and Intellectual Property, House Committee on the Judiciary

Testimony of Molly Corbett Broad, president of The University of North Carolina and Co-Chair of the Legislative Task Force of the Joint Committee of the Higher Education and Entertainment Communities, before the Subcommittee on Courts, The Internet, and Intellectual Property, House Committee on the Judiciary, February 26, 2003..

Representatives of the higher education community and the entertainment industry have formed a joint committee for two purposes: (1) to examine ways to reduce the inappropriate use on campuses of P2P file sharing technologies, and (2) to discuss their differences on federal intellectual property legislative issues..

As introduced, S. 2395, the Anticounterfeiting Amendments of 2002, was billed as targeting "organized criminal counterfeiting enterprises" by extending existing anticounterfeiting laws to physical holograms placed on packaging or embedded in the face of CDs, DVDs and computer programs. Additionally, S. 2395 was intended to improve enforcement of the criminal anticounterfeiting provisions by granting a private cause of action. However, nothing in S. 2395 limited its reach to "organized criminal" activity..

The undersigned organizations, which represent a broad array of educational institutions, libraries, consumer and public interest organizations, technology and consumer electronics companies, telecommunications providers, Internet services, and retailers, wish to express their serious concerns about S. 2395, the Anticounterfeiting Amendments of 2002. We strongly oppose the Senate considering this legislation during the remainder of this session of Congress, either as a stand-alone bill or as an amendment to other legislation..

We are writing to follow up a letter you recently received from several associations representing the music and motion picture industries. These groups are deeply concerned about copyright infringement that is occurring through the use of peer-to-peer file sharing software on many computer networks, including those on college and university campuses. The letter requests that college and university presidents assess this issue at their own institutions and take positive steps to address illegal practices..

We are writing to you as representatives of America’s creative community on an urgent matter regarding copyright infringement by some university students. We are concerned that an increasing and significant number of students are using university networks to engage in online piracy of copyrighted creative works. The educational purpose for which these networks were built is demeaned by such illegal behavior and is inconsistent with the ethical principles underlying the university community. We believe there must be a substantial effort, both disciplined and continuous, to bring this piracy under control..

On behalf of the member universities of the Association of American Universities, I write to commend you for introducing the "Digital Media Consumers’ Rights Act of 2002" (DMCRA). This legislation will make critically needed adjustments to the Digital Millennium Copyright Act that will restore the longstanding balance in copyright law between the interests of producers and users of copyrighted material..

Testimony of John Vaughn, Executive Vice President of the Association of American Universities, concerning S.487, TEACH Act of 2001, June 27, 2001..

We write to request your assistance in the speedy enactment of the Technology, Education and Copyright Harmonization ["TEACH"] Act (S.487), a carefully crafted piece of bipartisan legislation which will resolve a long-standing public policy dispute and enhance the use of the Internet by teachers and students..

I write on behalf of the Association of American Universities, the American Council on Education, the National Association of State Universities and Land-Grant Colleges, and the American Association of Community Colleges to urge your support for S. 487, the Technology, Education and Copyright Harmonization Act of 2001, which will be marked up by the Senate Judiciary Committee. This bill, based on recommendations of a carefully prepared report by the U.S. Copyright Office, updates copyright law to enable educators to provide educational content online that is comparable to that provided in a traditional classroom..

Testimony of Gerald A. Heeger, President of the University of Maryland, University College, before the House Labor/HHS/Education Subcommittee, March 13, 2001..

The recent suits filed by the Recording Industry Association of America and certain rock bands highlight the importance for universities of a clear understanding of the provisions of the 1998 Digital Millenium Copyright Act (DMCA) governing on-line service provider liability limitations. The following memorandum concerning service provider liability protection has been prepared by Bruce Joseph of Wiley, Rein and Fielding..

I write on behalf of the Association of American Universities, the American Council on Education, and the National Association of State Universities and Land-Grant Colleges to comment on the Copyright Office Notice of inquiry, "Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies," 64 Fed. Reg. 66,139-143 (Nov. 24, 1999). We commend the Copyright Office for the thoughtful rulemaking proceeding it has proposed for determining whether to exempt certain classes of works from the prohibition against circumventing technological protection measures..