Top Three Ways to
Ensure Compliance with the Law
1. Do not install P2P file-sharing software on your computer
- By default, P2P applications will search for and share
content on your computer with others. P2P applications usually
run as soon as you turn on your computer and continue to run in
the background. Even if you disable uploading, copyrighted
content in a “shared” folder can be seen by others using the
same P2P network and many P2P programs may reset preferences to
resume uploading.
- The Recording Industry Association of America (RIAA) and
other content owners use the same P2P software that file sharers
do! Their aim is to catch file sharers sharing their protected
content with others. If you’re running a P2P program, chances
are that the RIAA is running the same software. In fact, the
person downloading a song from you may be working for the RIAA
and may be compiling evidence against you. It has happened to
thousands of P2P users, and it can happen to you.
2. Do not use a University network for file sharing
- Content owners specifically target illegal file sharing on
university networks. The RIAA has employed aggressive legal
strategies, such as forwarding the University legal documents
for alleged infringers and filing infringement lawsuits.
3. Always be sure to secure your wireless router in your
residence hall or home
- If you’ve registered your wireless router using your NetID,
any activity that occurs on the router can be tracked back to
you. This means that if your roommate is sharing copyrighted
works using the wireless connection that you set up in your
residence hall, you can be held personally responsible, and be
sued by the RIAA.
- If you use VPN connections from home, your home network
becomes visible as part of the MWSU network.
What are the consequences of sharing copyrighted materials?
Copyright infringement constitutes a violation of university
policy and may create potential liability for both civil and
criminal actions. The actions that the university takes are
described in the section "How does the University handle DMCA
takedown notices?"
Please note that action on the part of the university as a matter
of policy does not remedy or immunize a user against possible legal
actions that the content owner, or in very serious cases involving
large quantities of material possible criminal actions on the part
of law enforcement. A content owner may bring an infringement claim
against a user and by law is entitled to a minimum of $750 for each
infringement; if intent to infringe copyright is demonstrated,
statutory damages may go as high as $150,000 per infringement. Since
1997, the No Electronic Theft Act eliminated the requirement that
the infringer make a profit from the infringement, thus creating
liability specifically in the case of file sharing type of programs
and their users. For users who distribute large quantities of
copyrighted materials, or advertise their services to users even
though they receive no financial benefit, they may be subject to
criminal investigations and incarceration if proved guilty.
Portions of this page are based on web
documentation produced by Yale University and are used with
permission. |