FAQ - Frequently Asked Questions - about P2P Filesharing
What is P2P filesharing?
P2P technology enables millions of computer users around the world to find and trade digital files with each other. By using a P2P computer program, a user can scan the hard drives of millions of people and instantly acquire (download) content with the click of a mouse. At the same time, that user can enable the millions of people on the P2P network to copy the contents of his or her hard drive. Unlike email or instant messaging, P2P enables the transfer of billions of files among millions of people without knowledge of identity or even location. It is, essentially, a massive listing and public warehouse of digital content.
Why is P2P software dangerous?
Peer-to-peer file sharing software has led to the judicial prosecution of many UC students already this year!
P2P programs such as eDonkey, Overnet, Shareaza, WinMX, BitTorrent, Limewire, Morpheus, eMule, Ares, BearShare, Kazaa, many more are not, in themselves, illegal. However, when you install them, they almost always configure themselves so that you are violating the law. Violations of copyright law are crimes under the DMCA - Digital Millenium Copyright Act. These crimes are being prosecuted. UC students have already been adjudicated this year and the University is receiving more complaints every day. Protect yourself. Remove such software from your computers.
P2P software is legal. Why can't I have it on my computer?
When you install this type of software, it usually creates a directory that will be shared with other users of that same software. If you have any music, videos, or another item protected by copyright in that directory — even if you own a legal copy of that item — you are making it available for others to download. Providing such material is just as much a violation of the law as is downloading something illegally. Some of these programs will scan your whole hard drive for media content to be put online! If you need to have this software on your computer, be sure to configure it so it does not break the law, but be very careful when doing this. Click here for information on configuring P2P software so it operates legally
How does UC work to prevent copyright violations from occurring?
The normal and preferred approach is to simply block such activity. When blocked, a crime under the DCMA is *not*, in fact, actually occurring (even though it *is* being attempted).
What is considered a violation?
When (1) a person is actively providing for download a piece of material protected by copyright in violation of federal law and (2) a complaint of an observed violation is formally made to our offices by one of the various watchdog groups (they make the complaints, we do not). It is at that point that UC is obligated to take action.
Why is UC obligated to take action?
When an organization, including a university, becomes aware of a crime occurring on their property with resources they provide or for which they are responsible – including the internet – the organization is legally obligated to act on that knowledge. The DCMA is controversial, but until modified or repealed, it is still federal law. And it is the law for which UC advocates.
Why does UC choose to take action on complaints of copyright violations when other Universities have chosen not to?
Some universities do indeed choose take a hands-off approach to this situation. Interestingly, many of those universities have had students taken to court by copyright holders. Because UC takes a different approach, because we talk to reported violators, we, unlike some of those other universities, have never had the RIAA or any of the other group take any of our students to court, despite having every legal right to do so. They understand that we take the opportunity to educate, and they have thus far chosen to leave it at that. We want to prevent students from being prosecuted, and having large judgements levied against them. A Boston University student is a case in point. He had a judgement of $675,000 levied against him for 30 songs ($22,000 per song) this summer. We do not want our students to suffer the same fate.
Where can I go to find out more information?
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