Peer-to-Peer File-Sharing Guidelines
What You Need to Know about Peer-to-Peer File Sharing
As members of a Catholic and Marianist university, we're challenged to behave in a manner consistent with our values. From a technology standpoint, one of the things this means is that we discourage illegally downloading music/films because it's unethical - and illegal.In our current environment, there are also internal and external repercussions from these kinds of actions. Outside of UD, associations protecting the copyrighted works of movie and music artists are stepping up legal action against download "pirates" (if you're up on recent news, you're probably aware of this already). Within UD, students abide by the Fair, Responsible, and Acceptable Use Policy (FRAUP) (PDF) or face sanctions from the campus judicial process.
If you own a computer and use the network, this issue can affect you. We want you to make smart, informed decisions; the information provided here is intended to help you do just that.
Misconception #1:
I don't download/upload anything (anymore); this issue doesn't relate to me. If you use a computer, this issue can affect you. Uninstalling file sharing software certainly keeps you safer (not downloading it at all is even better), but anyone with a network login needs to make sure they don't remain logged in to friends' or public computers, too.
What is peer-to-peer file sharing?
At its most basic level, "peer-to-peer file sharing" (or P2P), is simply the transmission of electronic information from one computer to another. Many instances of this are completely legal – for instance, if you e-mail an essay assignment to your professor or use AIM file transfer to send a buddy the MP3 of a song you wrote and recorded at Art Street.
Misconception #2
I own the CD (but left it at home/wanted it digitally), that means I'm allowed to download it. Downloading online from somewhere other than a vendor-approved site probably means you're receiving stolen goods from a user who's distributing it illegally.
How do peer-to-peer file sharing software programs work?
P2P applications (like Kazaa, Morpheus, Limewire, etc.) are usually free software programs that allow users to search for and download music, movies, and other files; they also allow users to "share" their library of files with other users on the network.
Problems occur when information is transmitted without proper copyright possession of either the sender or recipient. For instance, downloading a movie or album track you haven't purchased or making CDs you've purchased available to other people via your computer is illegal. Most often, this type of activity is facilitated by a file sharing program.
Misconception #3:
I was accused of downloading a song I've never even heard of. There are a few ways this can happen, actually. For instance, if you logged into a friend's computer and didn't logout correctly or if you were the first one to login to a non-UD wireless router here on campus, whoever uses the computer after you could download music while it's still under your username – and you're held responsible for what happens under your username.
What are the repercussions of illegal file sharing?
Several pieces of legislation address file sharing – including The Digital Millennium Copyright Act of 1998 (DMCA), the Family Entertainment and Copyright Act, and the No Electronic Theft Act. While some of this legislation has received criticism, they are part of the current legal environment and are very much in effect.
For more information about the RIAA and their anti-piracy campaign, visit the RIAA Frequently Asked Questions (FAQ) page >>
Misconception #4:
I wasn't even at my computer at the time I allegedly downloaded/uploaded music. Was your computer on? Most file sharing programs have aggressive background settings that enable sharing music – these programs depend upon users leaving their music open for other users to download. Sometimes these programs re-enable file-sharing by themselves. If your computer was on, there's a good chance it was sharing your music without you.
What can I do to protect myself?
Educate yourself.
- Come to a IT Training Computing Ethics course to learn more
- Review UD's Fair Responsible and Acceptable Use Polic (PDF) >>
- Read relevant legislation:
The Digital Millennium Copyright Act of 1998 (DMCA)
Family Entertainment and Copyright Act of 2005
No Electronic Theft (NET) Act - Check out informative web sites:
http://www.microsoft.com/protect/yourself/downloads/filesharing.mspx
http://www.campusdownloading.com
http://musicunited.org
http://www.eff.org
http://recordingindustryvspeople.blogspot.com
- Don't install P2P programs. However, if you do have a need for legal file sharing, ensure that your P2P software is not set to share the files you have on your computer.
- Read user agreements carefully.
- Check the Web sites of the musicians, record companies, or movie studios to see if they provide their materials legally on the Internet.
- When purchasing music, movies, games, software, or other materials, read the license carefully to learn if you have permission to convert materials to other formats for personal use.
- Don't share or distribute materials unless you have permission.
- If you're looking for legal sources of music online, try services like iTunes or Amazon. You can also listen to music online at sites like Pandora.
- Log off the UD Network Authentication utility (aka NAC) whenever you leave your computer (or one you're borrowing/sitting at) by going to http://logoff.udayton.edu
- Follow the general rule-of-thumb: If you didn't pay for that instance of the media, you probably shouldn't have it!
Misconception #5:
I paid a subscription fee to the service so it's legal. Subscription fees to most file sharing programs only entitle you to a slicker, ad-free interface ... not to legally download "all the music you want for the low, low price of $19.95/month."
