Peer-to-Peer File Sharing
Copyright Laws and Peer-to-Peer File Sharing
When you are connected to file-sharing programs, you may unknowingly allow others to copy private files you never intended to share. You may download material that is protected by the copyright laws and find yourself mired in legal issues. You may download a virus or facilitate a security breach. Or you may unwittingly download pornography labeled as something else. (from OnGuardOnline.gov)
The University of Utah provides students, staff and faculty, and guests with high speed network/Internet connections. All campus members agree to the University's Network Acceptable Use policy upon logging into the Campus Information System the first time. This policy includes information on peer-to-peer file sharing or downloading of copyrighted files.
Please remember that sharing copyrighted materials not only makes you and computers on your network more vulnerable to viruses, and violates University policy, but the entertainment industry considers it stealing. The University receives very specific copyright notices from the software, game, music and movie industries when they see a copyright violation. They provide the internet (IP) address of the computer transfering the files, and the titles of the media being shared. Examples of a game industry notice and a movie industry notification can be viewed by clicking below. The consequences can be inconvenient, or worse. Violators may be subject to fines and civil and criminal prosecution under the provisions of the Digital Millennium Copyright Act (DMCA). The University's Information Security Office must, by law, terminate your campus computer connection if you are found violating copyright laws, and you may be expelled or fired if there is cause. Your connection may also be suspended if you are uploading very large non-copyrighted files.
Again, consequences include:
- Disconnection from University networks
- Other sanctions defined in University policy (expulsion, termination)
- out-of-court settlements averaging $4000
- possible litigation
Protect yourself. Don't download or share copyrighted media. It just isn't worth it.
To download or order a short video about the consequences of illegally downloading copyrighted materials, developed by the Recording Industry Association of America (RIAA) and endorsed by Educause, see www.campusdownloading.com/.
The University's Position
The University of Utah is receiving an increasing number of complaints from the entertainment and software industries. The complaints provide the specific results of their P2P scans, including IP and DNS info, and ask us to comply with the Digital Millennium Copyright Act (DMCA). The threat of legal action from RIAA and others is not new, but the RIAA's approach has changed somewhat. Our hope is that the information below will be used to help keep students and others out of any potential legal problems.
The U's Position:
- The U complies with the requirements of the DMCA and expects individuals to comply with the law and with the University's IT Acceptable Use Policy PPM 1-15.
- 3. The U doesn't notify individuals unless P2P traffic (not content) has been verified. Individuals can say that they were not in violation of the DMCA or U Policy.
- 4. The University DOES NOT release any information to the RIAA (or any others from whom we receive DMCA complaints) without a subpoena or court order.
- 5. The U Office of General Counsel suggests that "early settlement notices" are forwarded to alleged infringers as a courtesy.
Regarding the RIAA settlement letters:
- As of mid-May 2008, the U has received 12 RIAA "settlement letters."
- If the U receives the "settlement letters," they will be treated the same way that we treat other copyright complaints, provided they contain the same legal elements as other notifications.
- THE UNIVERSITY WILL NOT RELEASE ANY INFORMATION TO THE RIAA OR ANY OF THE OTHER ENTITIES THAT SEND DMCA COMPLAINTS, WITHOUT A SUBPOENA OR COURT ORDER.
- The U will pass on the "settlement letters" as a courtesy to the campus member, but NOT AS AN AGENT OF THE RIAA. If an individual receives one, he or she may wish to seek independent legal counsel, but the U lawyers may not advise them on the matter. When "settlement letters" are forwarded, the individual will be notified that the University DOES NOT release any information on them without a subpoena or court order.
Please be aware that the possibility of legal action from the entertainment and software industries is NOT new. Universities around the country have dealt with subpoenas and/or court orders in the past. Individuals have had to deal with civil and criminal charges.
If you are approached by anyone about legal issues related to this or any other IT security issues, do not respond directly. Instead, please contact the Compliance Office or the Office of Information Technology (OIT). OIT and the Compliance Office have a strong relationship with the Office of General Counsel. All legal correspondence must go through the Office of General Counsel.
For More
March 2003 Peer-to-Peer Policy Memo
March 2007 IT Managers p2p and the RIAA "settlement letters" discussion
Or call the University's Compliance Office at (801) 587-9241.
