Peer-to-Peer File Sharing

Frequently Asked Questions

Overview of file-sharing, copyright law and the DMCA

Q. What is "file-sharing?"

A. File-sharing is the process of exchanging files over the Internet. The most common forms of file-sharing is using Peer-to-Peer (P2P) programs such as KaZaA (which uses the FastTrack protocol), LimeWire (which uses the Gnutella protocol) or BitTorrent.

Q. So what's the issue?

A. Most P2P usage (which comprises a significant fraction of all file-sharing) is against the law because it involves the sharing of copyrighted materials without permission from the copyright owner, usually music (MP3) or movie files, but also TV programs, software, books and images.

The controversy over file-sharing and copyright has been flaring since the appearance of Napster in 1999, but more recently, the Recording Industry Association of America (RIAA) has undertaken a campaign of suing people for downloading or uploading copyrighted material without permission. Since January of 2004, the University of Utah has received hundreds of notices from the RIAA regarding file-sharing on campus networks.

Q. How does copyright law work?

A. Original expressions of ideas are copyrighted for a certain period of time (generally the lifetime of the author, plus 70 years), including such mundane works as the papers you write for class. Copyrighted materials are everywhere around you: songs, movies, TV shows, photographs, magazines, books, software, plays and Web sites are just a few things that are subject to copyright protection. Although it has not always been the case, today copyright applies automatically to works upon their creation, and it is not necessary (although there are good reasons) to register the copyright to be afforded copyright protection.

The copyright of a work gives the holder a limited monopoly on reproduction, distribution, and display of that work. When you buy or are given a copyrighted work, you get limited use of it, but not the right to distribute it. So, you can listen to your CD, read your book, and watch your movie, and even lend the original to a friend, but you can't give a copy to your friend without permission from (and generally payment to) the copyright holder. You can play a recent song on the piano (assuming you know how), but you can't perform it for an audience without permission. In the Internet domain, it is probably OK to make a copy of the CD you bought so that you can listen to songs on your iPod or other portable digital music player, but its NOT OK to give that song to your friend without permission from the copyright owner, or allow it to be shared on a P2P system that will give others access to the song without paying for it. And, it is NOT OK to download copyrighted songs, movies, books or images for your personal enjoyment without paying for them (unless you have the express permission from the copyright owner).

There are certain limitations to copyright, most notably "fair use," which allows you to use a small portion of a work in an academic setting. So, you can legally quote a copyrighted work in a paper you write, assuming you give credit to the source. Bear in mind, though, that fair use of copyrighted material requires that your source of the material be legitimate. In a class presentation you can show an excerpt from a TV show that you have on a legal DVD, or even that you taped when it aired. You cannot, however, legally show the exact same excerpt from a pirated DVD, or a video file that you downloaded off the Internet without permission.

Q. What is the DMCA?

A. DMCA stands for Digital Millennium Copyright Act. Passed in 1998, the DMCA provides "limitations for service provider liability relating to material online" and specifically contains a section that stipulates a university's responsibilities as an ISP. In other words, the DMCA tells Utah what it can and cannot do with respect to facilitating the transfer of files. The University as a service provider can give its users the connections they need to transfer files, but if any illegal activity is detected, the University must guarantee that the transfers have ceased. The DMCA holds the University liable if illegal file transfers persist but limits the University's liability if it cooperates fully with every aspect of the law.

Q. What is a DMCA complaint?

A. The DMCA provides a mechanism for copyright owners or their agents to complain to Internet Service Providers (ISP) about illegal file-sharing that is happening on the ISP's network. The ISP-- Utah-- is then obligated to respond to this "DMCA Complaint."

Copyright owners often hire other companies, such as MediaForce, to log in to KaZaA or Limewire in order to find the IP addresses (identifiers for computers or devices on a network) of computers sharing specific illegal files. Once an IP address has been logged, the ISP can be tracked down and notified that the computer (and presumably the computer's owner/user) is sharing an illegal file.

Q. Who's complaining?

A. Currently, most complaints are coming from the Recording Industry Association of America (RIAA), the Motion Picture Association of America (MPAA), and companies that belong to those organizations (such as individual record companies or movie studios). Increasingly though, television producers have begun to monitor trading of TV programs-- so don't download, use your VCR or DVR (digital video recorder, such as Tivo). It is possible that it will not be long before the publishing industry follows suit with a closer watch of illegally traded digital books.

Q. Why do the copyright owners care?

A. Copyright owners, especially the RIAA and MPAA, claim financial damages, in the form of billions of dollars in lost revenues from file-sharing activity.

Q. What are my obligations under the law, and what are the legal risks?

A. Essentially, the law stipulates that you cannot have anything on your computer that you do not own. More importantly, you cannot share any file to which you do not have the legal rights. Currently, copyright violations can result in civil penalties of up to $150,000 per violation. Theoretically, if you send 10 people a copy of a song you ripped, you might be facing statutory damages of $1.5 million dollars. In addition to civil liability, there is potential criminal liability in copyright cases-- with penalties depending on the number and value of products exchanged.

Downloading (taking) and uploading (sharing) content are both fraught with risk. On the downloading front, a student with multiple DMCA complaints raised the point that she only downloaded TV shows, which she could have legally recorded on a VCR or DVR (digital video recorder) when they aired, so where was the harm? For better or worse, the "harm" question is not really the downloaders' question to ask. Copyright owners get to call the shots about whether their material is shared online, and the downloader is left to bear the responsibility for not respecting the copyright owners' decisions.

University of Utah policy also forbids illegal file-sharing, or any illegal use of the campus network; please see the next several questions for potential institutional consequences.

Utah Policies and Information

Q. What are the University of Utah's obligations under the law?

A. Utah must designate an agency to handle the complaints it receives-- here, it is the Compliance Office. The Compliance Office must deal with each complaint it receives in an "expedient" manner. In every case, the University of Utah's obligation is to stop the alleged violation.

The DMCA provides "safe harbor" to ISPs-- such as Utah-- for infringing conduct that takes place on the network. That is, provided that the University of Utah responds to every DMCA complaint and has appropriate and public DMCA policies in place, Utah is not liable for copyright infringement that takes place on its network. To secure safe harbor, however, the DMCA requires that the University of Utah have in place a policy that provides for TERMINATION of Internet services for repeat infringers. Accordingly, Utah will terminate Internet access upon the receipt of a third DMCA complaint for a student. This termination includes the disabling of the uNID, and it is very difficult to function efficiently as a student without services provided via the uNID. The University of Utah must also comply with any subpoenas issued by copyright holders requesting the identity of alleged copyright infringers.

Q. What is the University of Utah's policy on file-sharing?

A. the University of Utah's PPM 1-15 states "Appropriate use is ethical, reflects academic honesty, and shows restraint in the utilization of shared resources. Appropriate use is consistent with intellectual property rights, ownership of data, system security mechanisms, and rights to privacy..."; illegal use of resources is not tolerated.

Q. What can I expect if I receive a DMCA complaint against me?

A. If you have a complaint filed against you with the Compliance Office at the University of Utah, several things might happen depending on which network you are on. If you are on the student housing network or some campus wireless networks, you will be greeted with a web page that informs you of your copyright violation and instructs you to call the Compliance Office. If you are using the VPN, dial-in or uconnect networks, your login account will be deactivated and you will need to call the Campus Help Desk (581-4000) to find out what the issue is; the Campus Help Desk will redirect you to the Compliance Office. You will not be contacted by the Compliance Office; it is your responsibility to find out what the issue is and take steps to resolve it. In either case, you will need to come into the Compliance Office and sign a form that acknowledges the issue, and your understanding of the issues surrounding copyright law.

In the University of Utah's experience, approximately 95% of recipients of first time DMCA complaints never receive a second. Accordingly, the U of U is of the view that, except in exceptional circumstances, a first DMCA complaint is between the recipient and Security and, once resolved, it does not go beyond the Compliance Office.

Q: What will happen if I receive a second DMCA complaint?

A. At a minimum, connectivity to the Internet will be disabled while you are given a chance to remove the offending material. At a minimum, the Compliance Office will refer the matter to the Dean of Students. Depending on the circumstances, the Compliance Office or the Dean of Students may decide to refer the matter to the Student Behavior Committee.

Q. How can I get caught if I violate copyright law or Utah policy?

A. Organizations like RIAA frequently police file-sharing programs for copyrighted materials belonging to the artists they represent. Some students are under the misimpression that their activity on the Internet is largely anonymous and untraceable. On the contrary, much of your Internet activity is logged on the computer systems you use and these logs can be used to confirm or implicate you in illegal activity. According to recent legal rulings, the RIAA or other copyright holders can cause subpoenas to be issued that would force The University Utah to reveal your identity.

Q. What if I want to challenge the removal of files?

A. You can challenge the removal of files with a "counterclaim." A counterclaim is a user's response to an accusation made by a company or person. If the accusation is false, a user has every right to contest it. One of the major drawbacks of filing a counterclaim under the DMCA is that it links an IP address, just a number to identify a computer or device on the network, with an actual person and name. Through network authentication, the University of Utah is able to readily associate an IP address with a specific person, and the original complaint is usually only filed against the IP address. You must identify yourself in filing a counterclaim and it can prove dangerous to associate your name with an alleged violation of the law. Note, however, that under recent court rulings, copyright holders can subpoena the identity of alleged violators directly, irrespective of their filing a counterclaim. In any case, it's best to seek legal advice before filing a counterclaim.

If your counterclaim is accepted, the administrative action taken by the University will be rescinded (e.g., if your record has one copyright violation, the number of violations will go back to zero). If the counterclaim is rejected, the administrative action will remain in effect. As for disciplinary actions, you can challenge those through Judicial Affairs.

For more information on filing a counterclaim, visit:

DMCA information from the U.S. Copyright Office
Electronic Frontier Foundation (EFF)
Chilling Effects Clearinghouse

Q. Does Utah search its network for illegal files?

A. Utah does not currently search for illegal files as some universities do. The University does use a network appliance that limits Peer to Peer applications, and automatically blocks the transfer of these files.

Q. How does illegal file-sharing hurt the University of Utah's online security and networking?

A. The number of complaints that Utah receives per week has grown significantly over the past few months, after steadily dropping the last several years. File-sharing hurts security on campus in that the staff is prevented from working on more beneficial projects for the University. Peer to Peer file sharing applications and the files being shared are also an avenue for malware (viruses and worms) to be spread.

From a networking perspective, the U suffers under current file-sharing because of the resources it eats up. The people at the OIT Network Operations Center (NOC) and Information Security Office want to help limit the University of Utah's liability under the DMCA, but aside from this concern, they also want to provide a reliable network for all users. Therefore, the NOC has limited the amount of network resources that may be used for file-sharing on housing networks. The purpose of the cap is to make the network usable for schoolwork and other important activities. It is not to punish the students.

Q. Why is file-sharing legally dangerous for the University of Utah?

A. The rising number of complaints that Utah receives on a weekly basis not gone unnoticed-- the worse the problem gets at the University of Utah, the more strictly agencies will monitor the files being transferred. As the flagship institution of public higher education institutions in Utah, the U needs to be especially mindful of the risks of litigation. As such, the University must have an approach that clearly meets what's required by the current law, in the best judgement of those that make the decisions. Whether individuals think sharing music or movies is a big deal is unfortunately irrelevant.

Q. How do other schools handle this problem?

A. Universities and colleges across the country have adopted a variety of policies and practices when handling copyright violation complaints. Some schools exercise little to no restriction on file-sharing while others have opted to prevent file-sharing altogether. For example, some schools block P2P applications completely and complaints can result in judicial hearings.

Some schools adopt a policy somewhere in between, such as intially disconnecting students and then reconnecting them pending required meetings or other communication. Many schools also have policies for repeat offenders where administrative and discplinary actions taken against students escalate with each offense.

Some schools have also signed deals with legal digital music providers, such as Napster, to offer free or discounted subscriptions to their services and hopefully, get rid of illegal file-sharing on their campuses.

Other Information

Q. What can I do to help? How can I avoid problems with this?

A. The simplest way to avoid problems is to stop both downloading and sharing illegal files. Students often fail to recognize that trading in most copyrighted material is, in fact, breaking the law, and that it can lead to serious consequences. If you are using a P2P application, don't download files unless you are confident they can be freely traded. Perhaps more importantly, if you don't have files that you can legally share (even if you have the rights to own them, such as legal downloads or CDs you have purchased), configure the application not to allow uploads to other users. Here are some configuration tips. Most importantly, many P2P applications keep running even after you quit, unless you explicitly tell them to disconnect. Disconnect your program from its network whenever you can, and quit it when you're not using it.

Q. How can I obtain digital files legally?

A. MP3s can be legally obtained through online subscription services or from sites officially permitted by the copyright holders to offer certain MP3 downloads.

Q. How can I share digital files legally?

A. You can legally share any files to which you personally own the copyright, including academic and artistic work as well as useful documents such as resumes. You can also share works that exist in the public domain (i.e., works whose copyright has expired). Keep in mind for legal file-sharing that the burden is on you to ensure that there's copyright authorization for any shared files. There is much interest in legal file-sharing and innovative peer-to-peer technologies in business, government, and education, especially with increasing network capabilities like those of Internet 2. See, for example, the Peer-to-Peer Working Group.

Q. Is Napster a legal program to use for downloading music?

A. Napster started as a free file sharing service, which was then used for illegal file sharing. Now, after being sued by the entertainment and software industries, Napster has transformed into a legal subscription-based service. However, you are breaking the law if you download files from Napster and then share them with others for free.

Q. Is YouTube.com also restricted?

A. No, YouTube.com is not restricted.

Q. How can I find out more information?

A. The following is a list of supplementary materials referred to in this page:

Sample DMCA complaint notification
List of legal digital music services and Web sites
Useful configuration tips for popular P2P applications

For more information, visit these informative Web sites:

Utah Policies and Information

University of Utah Network Acceptable Use Policy
University of Utah Peer-to-Peer Policy Memo
Compliance Office - The main University organization designated to handle complaints about illegally shared copyrighted materials.

Resources on Technology, Copyright Law, and the DMCA

U.S. Copyright Law
More information on US Copyright Law from the U.S. Copyright Office.
Chilling Effects Clearinghouse
A joint project of the Electronic Frontier Foundation (EFF) and Harvard, Utah, Berkeley, University of San Francisco, and University of Maine law school clinics to help people understand the protections that the First Amendment and intellectual property laws provide.
EDUCAUSE Summary of DMCA Issues
A summary of news and information on DMCA issues provided by EDUCAUSE, "a non-profit association whose mission is to advance higher education by promoting the intelligent use of information technology."
Electronic Frontier Foundation DMCA Archive
Archived links to legal documents, articles, etc. on DMCA issues, provided by the Electronic Frontier Foundation, an organization that works to help protect civil liberties, especially in relation to technology.

Q. Who can I contact with my questions or concerns?

A. If you have any more questions, feel free to talk to the Compliance Office.

Much of the information above is taken with permission from the Stanford DMCA website and the Board of Trustees of Stanford University.