Gannon University Informa= tion Technology Services

Statement on Peer-to-Peer File-sharing

Approved by the Technology Advisory Committee – February 7, 2008

What is Peer-to-Peer File-s= haring?

Programs that allow you to share files from another computer directly are called peer-to-peer or P2P. File sharing programs also allow o= thers using the same software to access your computer and your files. Some of the most popular P2P progr= ams are KaZaa, Aimster, Gnutella, iMesh, Limewire, Bearshare and Grokster.

What’s the Big Deal?

The issue is not P2P file-sharing; the issue is illeg= ally distributing copyright-protected materials. When you obtain music or a movie u= sing P2P technology without compensating the copyright holder you are violating university policies, including the IT Code of Conduct, and vario= us 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 Indust= ry 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 a= nd $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 spyw= are that can take over your computer or provide someone the information they ne= ed to “become you” through identity theft.

Isn’t Participation in a P2P Network Anonymous?=

No. Whe= n 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 t= he 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)<= /p>

§ = The Uni= versity of Chicago has writ= ten 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 unlawf= ully-obtained Copyrighted Material in your possession

3. Investigate legal methods for obtaining digital music - www.campusdownload= ing.com/legal.htm

4. Stay (or Become) = Informed

§ = RIAA Frequently A= sked Questions - ww= w.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