Gannon University
Information Technology Services
Statement on
Peer-to-Peer File-sharing
Approved by the
Technology Advisory Committee – February 7, 2008
What is
Peer-to-Peer File-sharing?
Programs that allow you to share files from another computer directly are
called peer-to-peer or P2P. File sharing programs also allow others using the
same software to access your computer and your files. Some of the most
popular P2P programs are KaZaa, Aimster, Gnutella, iMesh, Limewire, Bearshare
and Grokster.
What’s the
Big Deal?
The issue is not P2P file-sharing; the issue is illegally distributing
copyright-protected materials. When you obtain music or a movie using P2P
technology without compensating the copyright holder you are violating
university policies, including the
IT Code of Conduct, and
various federal laws, including the
Digital Millennium Copyright Act (DMCA).
Why Should I
Care?
If you do not have legal permission, but copy or make available for
distribution copyrighted material, you can be prosecuted in criminal court
and/or sued for damages in civil court. The Recording Industry Association of
America (RIAA) and the Motion Picture Association of America (MPAA) are
aggressively taking legal action against thousands of individuals sharing
copyrighted material over P2P networks. The “best-case” scenario for a
violator is to settle out of court and pay fines between $3,000 and $15,000.
However, criminal penalties for first-time offenders can be as high as five
years in prison and $250,000 in fines. Civil penalties can run into many
thousands of dollars in damages and legal fees.
Are there
Other Risks?
Yes. As if facing steep fines and criminal prosecution isn’t enough, P2P
software opens you up to many other risks. Many P2P programs install
debilitating viruses and/or malicious spyware that can take over your computer
or provide someone the information they need to “become you” through identity
theft.
Isn’t
Participation in a P2P Network Anonymous?
No. When a DMCA complaint is received by the university, the registered user
of the machine connected to the identified Internet address (IP#) at the time
of the observed incident is determined. If the machine is registered to you,
you will be notified and it will be your responsibility, legally and
financially, to respond to the complaint and face any related consequences.
What Should I
Do?
1.
Stop Sharing Copyrighted Materials (or better yet, don’t start)
§
The
University of Chicago has written an
excellent set of instructions
for how to disable these P2P file sharing networks - security.uchicago.edu/peer-to-peer/no_fileshare.shtml.
2.
Delete all unlawfully-obtained Copyrighted Material in your possession
3.
Investigate
legal methods for
obtaining digital music - www.campusdownloading.com/legal.htm
4.
Stay (or Become) Informed
§
RIAA Frequently Asked Questions -
www.riaa.com/faq.php
§
MPAA Information -
www.mpaa.org/piracy.asp
§
Computer Crime and Intellectual Property -
www.usdoj.gov/criminal/cybercrime/
§
"What Do You Think?" Documentary -
law.richmond.edu/ipi/whatdoyouthink.htm
