Copyright FAQs
Peer to Peer (P2P) FAQ & Info
Overview of File-sharing and Copyright Infringement Questions & Answers
Q. What is file-sharing?
A. File sharing refers to the providing and receiving of digital files over a network. It always follows the peer-to-peer (P2P) model, where the files are stored on and served by personal computers of the users. Most people who engage in file sharing on the Internet both provide (upload) files and receive files (download).
Q. How do I know if I have violated Copyright infringement Laws?
A. If you don't have a receipt or can't prove proof of purchase for the media file(s) on your computer, then it's considered copyright Infringement.
Using programs such as Lime Wire, KaZaA, BearShare or any other file transfer (P2P) program in which you are not paying for. Including any program in which does not have a license to distribute or sell copyright materials are illegal.
Q. What if I downloaded the content at home or came to campus with previously downloaded content on my computer, can I still get caught?
A. Regardless of where or when you've downloaded the copyright content you still broke the rules. You will have to prove that you have a receipt for the items or can prove proof of purchase.
Q. How do I know if I have been flagged for copyright infringement?
A. When you open up your web browser the ResNet Quarantine page will be displayed informing you that you've been flagged.
Q. What should I do if I've been flagged for copyright infringement?
A. Disconnect your Ethernet cord from your computer and delete any/all copyright materials from your computer.
A. The Recording Industry Association of America (RIAA) and the Motion Picture Association of America (MPAA) along with other companies scan the campus network. They looking for students who are using file sharing programs. The companies also look for who have the file sharing feature turned "on", on their computers.
Q. What is Fredonia's position for Copyright Infringement matters?
A. Fredonia tries to help the students out as much as possible and to help keep them from getting sued by the enforcement agency. When you are flagged for copyright infringement, we ask that you disconnect your Ethernet cable from your computer. This will make it so you are no longer on the network. After you are off the internet, delete all copyright materials off of your computer. Be sure to also delete any file sharing programs you may have. In return this will ensure that you do not get caught again.
Q. What happens to me now that I've been caught?
A. You lose your ResNet Internet service for 30 days and are referred to Student Conduct. You will receive a letter in your campus mailbox regarding the issue. When your 30-day suspension is up you may call the ResNet service to have your Internet service turned back on.
Q: What will happen if I receive a second Copyright Infringement Notice?
A. You will lose your internet connection for the remainder of the school year. You will also face further action by The Office of Student Conduct depending on the infraction.
Q. Does Fredonia scan its network for illegal files?
A. Fredonia does not scan the campus network or student owned computers for illegal files.
Q. What is the law, and what are the legal risks?
A. The law stipulates that you cannot have anything on your computer that you do not legally own. Also, 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. In theory, if you send 10 people a copy of a song that was illegally downloaded, you might be facing statutory damages in excess of 2 million dollars. In addition to civil charges, there is potential criminal charges 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 content is shared online, and the downloader is at risk for not respecting the copyright owners' decisions.
Fredonia policy also forbids illegal file-sharing.
Other Info
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 copyright content is, in fact, breaking the law, and that it can lead to serious trouble. If you are using a P2P application, don't download files unless you are confident they can be freely traded. In addition, if you don't have files that you can legally share (including legally owned downloads and CDs). You have to configure the application not to allow uploads to other users. Many P2P applications keep running even after you quit, unless you 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 own the copyright, including school 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 the file is authorized for sharing. There is much interest in legal file-sharing and peer-to-peer tech in business, government, and education, especially with increasing network abilities 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 info?
A. For more info, visit these Web sites:
EDUCAUSE summary of DMCA issues A summary of news and info on DMCA issues provided by EDUCAUSE. EDUCAUSE is "a non-profit association whose mission is to advance higher education by promoting the smart use of info.
Electronic Frontier Foundation DMCA archive Archived links to legal documents, articles, etc. on DMCA issues, provided by the Electronic Frontier Foundation, a group that works to help protect civil liberties, especially in relation to technology.
10 Copyright Myths Explained Info about copyright that is not true.
U.S. Copyright Law More info on US Copyright Law from the U.S. Copyright Office.
RIAA P2P Lawsuit Info RIAA info about copyright lawsuits and early settlements.