Copyright Laws and Peer-to-Peer File Sharing
Peer-to-peer (P2P) file sharing allows users to share files online through computers that are running the same software. While file sharing in itself is not illegal, it is a violation of federal law and University Policy to share and/or distribute copyrighted materials without the permission of the copyright holder.
Unintended Consequences
File-sharing can give you access to a wealth of information, but it also has a number of risks. You could download copyright-protected material, pornography, or viruses without meaning to. Or you could mistakenly allow other people to copy files you don't mean to share.(from OnGuardOnline.gov)
University Policy
All campus members agree to the University's Network Acceptable Use policy , which includes information on peer-to-peer file sharing, upon logging into Campus Information Services or using UConnect wireless access for the first time. Violation of this agreement can result in the following:
The University will disable network access for any machine for which a complaint of copyright infringement has been received. The end‐user will need to sign the Network Reinstatement form to regain network access. |
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If the user is named in additional complaints, they may lose long term access to network service. |
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Students will be referred to the Dean of Students, staff to Human Resources, and faculty to the cognizant Vice President for further review and action. |
Legal Liability
You can be sued for sharing copyrighted materials without the permission of the copyright holder. The law specifies that you can be liable for:
Litigation costs, attorney fees, and actual damages, or statutory damages of $750 to $30,000 for each work infringed. The maximum is raised to $150,000 for cases of “willful infringement”. |
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Possible criminal penalties up to $250,000, and/or imprisonment. |
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| Statutory damages of $200 to $2,500 for each action taken to circumvent technological measures used to control access to copyrighted works or prevent infringement of the exclusive rights of copyright owners. (Example: you rip a DVD and remove the the CSS encryption) |
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Statutory damages of $2,500-$25,000 for removal or alteration of copyright management information. (Example: You rip a DVD and don’t include the FBI warning in the copy) |
RIAA Pre-Litigation Settlement Letter
The Recording Industry Association of America (RIAA) will typically request Internet service providers to forward a pre-litigation settlement letter to a user associated with a computer distributing copyrighted songs. The settlement letter lists songs allegedly shared from that user's computer and suggests that the user can "settle" the case by paying $350 for each song (vs. a minimum fine of $750 or higher per song if found guilty of infringement in court).
As An Internet Provider, The U of U:
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Complies with the requirements of the DMCA and expects individuals to comply with the law and with the Information Resources Policy (Policy 4-002). |
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Does not 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. |
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Does not release any information to the RIAA (or any others from whom we receive DMCA complaints) without a subpoena or court order. |
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Will pass on the "settlement letters" as a courtesy to the campus member, but not as an agent of the RIAA. |
Note: If an individual receives a "settlement letter", he or she may wish to seek independent legal counsel, but the U lawyers may not advise them on the matter.
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 Information Security and Privacy Office.
Legal Music, Movies and Games Online
There are a number of legal resources for enjoying music or movies online. We have compiled a list of legal file sharing sites that offer a range of free and for fee services. This list is not exhaustive, and these sites are not endorsed by the University of Utah.
For More
Rule for Compliance with Illegal File Sharing Provisions of the HEOA (Draft version)
For questions regarding P2P file sharing, please contact the Information Security and Privacy Office at 801-587-9241.
