Peer to Peer (P2P) FAQ & Information
Overview of file-sharing, copyright law and the DMCA
A. File-sharing is the process of exchanging files over the Internet. The most common forms of file-sharing are: running an FTP server or using an FTP program, utilizing Internet Relay Chat (IRC), and using Peer-to-Peer (P2P) programs such as KaZaA (which uses the FastTrack protocol), LimeWire (which uses the Gnutella protocol) or BitTorrent.
A. Most P2P usage (which comprises a significant fraction of all file-sharing) is against the law because it involves the sharing of copyrighted materials without permission from the copyright owner, usually music (MP3) or movie files, but also TV programs, books and images.
The controversy over file-sharing and copyright has been flaring since the appearance of Napster in 1999, but more recently, the Recording Industry Association of America (RIAA) has undertaken a campaign of suing people for downloading or uploading copyrighted material without permission. Because the RIAA's enforcement efforts regarding file-sharing have focused on them, students and the universities that provide their Internet connections have high stakes in the debate.
Q. A summary of copyright law?
A. Original expressions of ideas are copyrighted for a certain period of time (generally the lifetime of the author, plus 70 years), including such mundane works as the papers you write for class. Copyrighted materials are everywhere around you: songs, movies, TV shows, photographs, magazines, books, software, plays and Web sites are just a few things that are subject to copyright protection. Although it has not always been the case, today copyright applies automatically to works upon their creation, and it is not necessary (although there are good reasons) to register the copyright to be afforded copyright protection.
The copyright of a work gives the holder a limited monopoly on reproduction, distribution, and display of that work. When you buy or are given a copyrighted work, you get limited use of it, but not the right to distribute it. So, you can listen to your CD, read your book, and watch your movie, and even lend the original to a friend, but you can't give a copy to your friend without permission from (and generally payment to) the copyright holder. You can play a recent song on the piano (assuming you know how), but you can't perform it for an audience without permission. In the Internet domain, it is probably OK to make a copy of the CD you bought so that you can listen to songs on your iPod or other portable digital music player, but its NOT OK to give that song to your friend without permission from the copyright owner, or allow it to be shared on a P2P system that will give others access to the song without paying for it. And, it is NOT OK to download copyrighted songs, movies, books or images for your personal enjoyment without paying for them (unless you have the express permission from the copyright owner).
There are certain limitations to copyright, most notably "fair use," which allows you to use a small portion of a work in an academic setting. So, you can legally quote a copyrighted work in a paper you write, assuming you give credit to the source. Bear in mind, though, that fair use of copyrighted material requires that your source of the material be legitimate. In a class presentation you can show an excerpt from a TV show that you have on a legal DVD, or even that you taped when it aired. You cannot, however, legally show the exact same excerpt from a pirated DVD, or a video file that you downloaded off the Internet without permission.
A. DMCA stands for Digital Millennium Copyright Act. Passed in 1998, the DMCA provides "limitations for service provider liability relating to material online" and specifically contains a section that stipulates a university's responsibilities as an ISP. In other words, the DMCA tells SUNY Fredonia what it can and cannot do with respect to facilitating the transfer of files. The University as a service provider can give its users the connections they need to transfer files, but if any illegal activity is detected, the University must guarantee that the transfers have ceased. The DMCA holds the University liable if illegal file transfers persist but limits the University's liability if it cooperates fully with every aspect of the law.
A. The DMCA provides a mechanism for copyright owners or their agents to complain to Internet Service Providers (ISP) about illegal file-sharing that is happening on the ISP's network. The ISP-SUNY Fredonia-- is then obligated to respond to this "DMCA Complaint."
Copyright owners often hire other companies, such as MediaForce, to log in to KaZaA or Limewire in order to find the IP addresses (identifiers for computers or devices on a network) of computers sharing specific illegal files. Once an IP address has been logged, the ISP can be tracked down and notified that the computer (and presumably the computer's owner/user) is sharing an illegal
Q. Who's complaining?
A. Currently, most complaints are coming from the Recording Industry Association of America (RIAA), the Motion Picture Association of America (MPAA), and companies that belong to those organizations (such as individual record companies or movie studios). Increasingly though, television producers have begun to monitor trading of TV programs-- so don't download, use your VCR or DVR (digital video recorder, such as Tivo). It is possible that it will not be long before the publishing industry follows suit with a closer watch of illegally traded digital books.
Q. Why do the copyright owners care?
A. Copyright owners, especially the RIAA and MPAA, claim financial damages, in the form of billions of dollars in lost revenues from file-sharing activity.
Q. What are my obligations under the law, and what are the legal risks?
A. Essentially, the law stipulates that you cannot have anything on your computer that you do not own. More importantly, you cannot share any file to which you do not have the legal rights. Currently, copyright violations can result in civil penalties of up to $250,000 per violation. Theoretically, if you send 10 people a copy of a song you ripped, you might be facing statutory damages in excess of 2 million dollars. In addition to civil liability, there is potential criminal liability in copyright cases-- with penalties depending on the number and value of products exchanged.
Downloading (taking) and uploading (sharing) content are both fraught with risk. Copyright owners get to call the shots about whether their material is shared online, and the downloader is left to bear the responsibility for not respecting the copyright owners' decisions.
SUNY Fredonia policy also forbids illegal file-sharing.
SUNY Fredonia's policies and information
Q. What is SUNY Fredonia's policy on file-sharing?
A. SUNY Fredonia's Network Usage Policy provides that all copyrighted materials must be used in conformance with applicable copyright and other law. The University will comply fully with all facets of the law. Laws are laws, and regardless of whether one agrees with them, they must be adhered to. Because file-sharing can be used legally and beneficially in an academic setting, SUNY Fredonia has no plans to shut down sharing protocols, a drastic step taken by some universities as a means of avoiding illegal file-sharing.
Q. What can I expect if I receive a DMCA complaint against me?
A. If you have a complaint filed against you here at SUNY Fredonia, the Office of Judical Affairs will contact you via letter. This notice will contain the details of your alleged infraction: the accusing party, the name of the alleged illegal file, and other technical information. Your internet connection will also be suspended for 30 days.
Q: What will happen if I receive a second DMCA complaint?
A. You will lose your internet connection for the remainder of the semester and face further action by The Office of Judicial Affairs depending on the severity of the infraction.
Q. How can I get caught if I violate copyright law or The Network Usage Policy?
A. Organizations like RIAA frequently police file-sharing programs for copyrighted materials belonging to the artists they represent. Some students are under the misimpression that their activity on the Internet is largely anonymous and untraceable. On the contrary, much of your Internet activity is logged on the computer systems you use and these logs can be used to confirm or implicate you in illegal activity. According to recent legal rulings, the RIAA or other copyright holders can cause subpoenas to be issued that would force the university to reveal your identity.
Q. Does SUNY Fredonia search its network for illegal files?
A. SUNY Fredonia does not currently search the campus network or student owned computers for illegal files.
Q. How does illegal file-sharing hurt SUNY Fredonia's online security and networking?
A. The number of complaints that SUNY Fredonia receives per semester has greatly increased over the past few years. File-sharing hurts security on campus in that the staff is prevented from working on more beneficial projects for the University. ResNet staff would rather spend their time protecting students' computers and not have to carry the burden of notifying students of DMCA complaints and shutting connections off and on when a user is found to be in violation of Copyright Infringement Laws.
From a networking perspective, SUNY Fredonia suffers under current file-sharing because of the resources it eats up. Academic ITS staff want to help limit SUNY Fredonia's liability under the DMCA, but aside from this concern, they also want to provide a reliable network for all users. Therefore, Academica ITS has limited the amount of network resources that may be used for file-sharing. The purpose of the cap is to make the network usable for schoolwork and other important activities. It is not to punish the students-- faculty and staff share the same restrictions--but rather to improve the network for everyone.
In general, dealing with illegal file-sharing takes up valuable resources at the University. In addition to computing and networking resources and staff time, the Office of Judicial Affairs, and others are involved in the process. The longer illegal file-sharing continues, the longer resources cannot be used to provide better services to the University community and to further the University's educational mission.
Q. Why is file-sharing legally dangerous for SUNY Fredonia?
A. The ballooning number of complaints that SUNY Fredonia receives has not gone unnoticed-- the worse the problem gets, the more strictly agencies will monitor the files being transferred. As a high-profile State University, Fredonia of course needs to be especially mindful of the risks of litigation. As such, the University must have an approach that clearly meets what's required by the current law, in the best judgement of those that make the decisions. Whether individuals think sharing music or movies is a big deal is unfortunately irrelevant.
Other information
Q. What can I do to help? How can I avoid problems with this?
A. The simplest way to avoid problems is to stop both downloading and sharing illegal files. Students often fail to recognize that trading in most copyrighted material is, in fact, breaking the law, and that it can lead to serious consequences. If you are using a P2P application, don't download files unless you are confident they can be freely traded. Perhaps more importantly, if you don't have files that you can legally share (even if you have the rights to own them, such as legal downloads or CDs you have purchased), configure the application not to allow uploads to other users. Many P2P applications keep running even after you quit, unless you explicitly tell them to disconnect. Disconnect your program from its network whenever you can, and quit it when you're not using it.
Q. How can I obtain digital files legally?
A. MP3s can be legally obtained through online subscription services or from sites officially permitted by the copyright holders to offer certain MP3 downloads.
The following is a list of some services/Web sites where you can legally download digital music for a fee:
Q. How can I share digital files legally?
A. You can legally share any files to which you personally own the copyright, including academic and artistic work as well as useful documents such as resumes. You can also share works that exist in the public domain (i.e., works whose copyright has expired). Keep in mind for legal file-sharing that the burden is on you to ensure that there's copyright authorization for any shared files. There is much interest in legal file-sharing and innovative peer-to-peer technologies in business, government, and education, especially with increasing network capabilities like those of Internet 2. See, for example, the Peer-to-Peer Working Group.
Resources on Copyright Law and the DMCA
Q. How can I find out more information?
A. For more information, visit these informative Web sites:
EDUCAUSE summary of DMCA issues A summary of news and information on DMCA issues provided by EDUCAUSE, "a non-profit association whose mission is to advance higher education by promoting the intelligent use of information.
Electronic Frontier Foundation DMCA archive Archived links to legal documents, articles, etc. on DMCA issues, provided by the Electronic Frontier Foundation, an organization that works to help protect civil liberties, especially in relation to technology.
10 Copyright Myths Explained Information about common copyright misconceptions
U.S. Copyright Law More information on US Copyright Law from the U.S. Copyright Office.
Campus Downloading Video A free educational video about downloading material on campus.
RIAA P2P Lawsuit Information RIAA information about copyright lawsuits and facilitating early settlements.