MU COPYRIGHT EDUCATION WEB SITE

"Downloading or distributing whole copies of copyrighted material for personal use or entertainment without explict permission from the copyright owner is against the law."

 What is Peer to Peer File Sharing

Peer to Peer (P2P) file sharing is a way of exchanging or transferring files over Internet. File sharing involves using technology that allows internet users to share files that are housed on their individual computers.

While P2P file-sharing is fairly generic technology and can be used for legitimate reasons, it is overwhelmingly used for illegally distributing copyrighted works such as music (MP3) or movie files, software, TV programs, books and images without permission from the copyright owner.

The majority of the files shared via Internet are copyrighted works. Moreover, transferring of a file from one person to another results in a reproduction, a distribution, and potentially a public performance of copyrighted material. Using P2P file-sharing technology inevitably leads to implicating copyright law.

Below is just a short list of the most common P2P programs used to exchange, or "share," files. For a broader listing of P2P software, visit Wikipedia's Peer-to-Peer Networking article.

  Ares BitTornado KaZaA
  Azureus BitTorrent LimeWire
  BitComet FlashGet Morpheus
  BitLord Gnutella uTorrent

Besides breaking the law, using this technology makes you and Marshall University susceptible to risks such as viruses, spyware, exposure of personal information and other attacks. When you install file sharing programs you may also installall kinds of spyware and adware on your computer without your consent. Read more about Risks of File-Sharing Technology.


 How You Could Violate the Law

"• Somebody you don’t even know e-mails you a copy of a copyrighted song and then you turn around and e-mail copies to all of your friends.

• You make an MP3 copy of a song because the CD you bought expressly permits you to do so. But then you put your MP3 copy on the Internet, using a file-sharing network, so that millions of other people can download it.

• Even if you don’t illegally offer recordings to others, you join a file-sharing network and download unauthorized copies of all the copyrighted music you want for free from the computers of other network members.

• In order to gain access to copyrighted music on the computers of other network members, you pay a fee to join a file-sharing network that isn’t authorized to distribute or make copies of copyrighted music. Then you download unauthorized copies of all the music you want.

• You transfer copyrighted music using an instant messenging service.

• You have a computer with a CD burner, which you use to burn copies of music you have downloaded onto writable CDs for all of your friends. "

(Courtesy of Recording Industry Association of America web site.)

What are the Penalties for Copyright Infringement

"If you do not have legal permission, and you go ahead and copy or distribute copyrighted music anyway, you can be prosecuted in criminal court and/or sued for damages in civil court.

  • 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. The minimum penalty is $750 per song.

The "No Electronic Theft Law" (NET Act) is similar on copyright violations that involve digital recordings:

  Criminal penalties can run up to 5 years in prison and/or $250,000 in fines, even if you didn’t do it for monetary or financial or commercial gain.
   
  If you did expect something in return, even if it just involves swapping your files for someone else’s, as in MP3 trading, you can be sentenced to as much as 5 years in prison.
   
  Regardless of whether you expected to profit, you’re still liable in civil court for damages and lost profits of the copyright holder.
   
  Or the copyright holders can sue you for up to $150,000 in statutory damages for each of their copyrighted works that you illegally copy or distribute.

If you make digital copies of copyrighted music on your computer available to anyone through the Internet without the permission of the copyright holder, you’re stealing. And if you allow a P2P file-sharing network to use part of your computer’s hard drive to store copyrighted recordings that anyone can access and download, you’re on the wrong side of the law.

Having the hardware to make unauthorized music recordings doesn’t give you the right to steal. Music has value for the artist and for everyone who works in the industry. Please respect that." (Courtesy of Recording Industry Association of America web site.)

What are the Consequences at Marshall

In the case of alleged infringement involving the internet or intranet, access to the internet by the computer identified in the complaint will be suspended pending adjudication. Once the workstation and responsible individual is identified as faculty, staff or student the following referrals for adjudication of the complaint will be made:

  • If the infringer is a student, the complaint will be referred to Student Affairs
  • If the infringer is a faculty member, the complaint will be referred to Academic Affairs
  • If the infringer is an employee, the complaint will be referred to Human Resources

The internet and intranet access is restored only when:

University Computing Services Help Desk has received notification from the appropriate department stating that:

  • the adjudication is complete and
  • it is recommended that fees be levied or not.

Appropriate fees have been levied and collected based upon the recommendation of the appropriate department:

  • first offense reconnection fee ‐ $50
  • second offense reconnection fee ‐ $100
  • a fee for investigations exceeding 1 hour in cumulative effort ‐ 45/hour or fraction thereof.
 Remove P2P Programs Prior Connecting to MU Network

We encourage you to remove all peer to peer file sharing programs before connecting to Marshall network. This is the best way to avoid potential legal liability, thousands of dollars of fines, loss of internet/intranet access to MU network. Do not let it happen to you!

  Removing P2P from Windows XP

Use the Add/Remove Programs window in the Control Panel to remove (uninstall) these programs – just as you would remove any program from your Windows system.

  1. Turn off all file-sharing programs and all of their components.
  2. Go to your computer’s Control Panel. You can get to it by following this path from your computer’s Start menu:
    Start -> Settings -> Control Panel or
    Start -> Control Panel
  3. Double click on the Add/Remove Programs or Add or Remove Programs icon.
  4. Select Change or Remove Programs.

Click once to highlight the software you would like to remove, then click on the Remove or Change/Remove button.

  1. Make sure you reboot the system when you are finished.

Removing P2P from Windows Vista

Use the Program and Features in the Control Panel to remove (uninstall) these programs – just as you would remove any program from your Windows system.

  1. Turn off all file-sharing programs and all of their components.
  2. Go to your computer’s Control Panel. You can go to it from your computer's Start menu.
  3. Double click on the Programs and Features icon.
  4. Locate the P2P software you are removing on the list of installed programs. Click once to highlight the software. At the top of the list of programs, select Uninstall.

 Follow the prompts on the screen to completely remove the software and its components.

  1. Make sure you reboot the system when you are finished.

 Removing P2P from Apple Macintosh

  1. Quit all file-sharing programs.
  2. Locate the folder containing the P2P software that you want to remove. It is usually in the Applications folder.
  3. Double-click the P2P program's folder to examine its contents.
  4. Some Macintosh-compatible P2P programs come with an "uninstall" program. If you see an "Uninstall" or "Uninstaller" program, run it to remove the P2P software.

If you do not see such a program, go back to the Applications folder, and move the P2P program's folder into the trash.

  1. Empty your computer's trash folder.
  2. Go to the Apple menu and select Restart to reboot your computer.

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