Downloading: Legal or Illegal

What is Peer-to-Peer file sharing? 
Programs that allow you to share files from another computer directly are called peer-to-peer or P2P. File sharing programs also allow others using the same software to access your computer and your files. Some of the most popular P2P programs are KaZaa, Aimster, Gnutella, iMesh, Limewire, Bearshare and Grokster. 

What's the Big Deal? 
The issue is not P2P file sharing; the issue is illegally distributing copyright-protected materials. When you obtain music or a movie using P2P technology without compensating the copyright holder you are violating university policies, including the IT Code of Conduct, and various federal laws, including the Digital Millennium Copyright Act (DMCA). 

Why Should I Care? 
If you do not have legal permission, but copy or make available for distribution copyrighted material, you can be prosecuted in criminal court and/or sued for damages in civil court. The Recording Industry Association of America (RIAA) and the Motion Picture Association of America (MPAA) are aggressively taking legal action against thousands of individuals sharing copyrighted material over P2P networks. The "best-case” scenario for a violator is to settle out of court and pay fines between $3,000 and $15,000. However, 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. 

Are there Other Risks? 
Yes. As if facing steep fines and criminal prosecution isn’t enough, P2P software opens you up to many other risks. Many P2P programs install debilitating viruses and/or malicious spyware that can take over your computer or provide someone the information they need to “become you” through identity theft. 

Isn't Participation in a P2P Network Anonymous? 
No. When a DMCA complaint is received by the University, the registered user of the machine connected to the identified Internet address (IP#) at the time of the observed incident is determined. If the machine is registered to you, you will be notified and it will be your responsibility, legally and financially, to respond to the complaint and face any related consequences. 

What Should I Do? 

  1. Stop sharing copyrighted materials (or better yet, don't start.) 
  2. Delete all unlawfully-obtained copyrighted material in your possession. 
  3. Investigate legal methods for obtaining digital music - www.campusdownloading.com/legal.htm
  4. Stay (or become) informed.


Reprinted from the Gannon University Information Technology Services Statement on Peer-to-Peer file sharing.

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Details

Article ID: 43869
Created
Thu 12/7/17 4:02 PM
Modified
Tue 7/18/23 9:20 AM