What You Need to Know about File Sharing

Points to consider about filesharing

Nearly every work is copyrighted. "Everyone does it" is a fallacy and is not a defense for your actions when faced with fines or a lawsuit for infringing someone else's copyright.

Filesharing often leads to copyright infringement, but also has other dangers

You should assume that files on peer-to-peer (p2p) networks are infected with spyware and may seriously damage your computer when downloaded. In addition, recent news stories have linked identity theft to the presence of filesharing software on computers. The most prevalent legal issue encountered with filesharing is copyright infringement. Even if you did not knowingly download or share copyrighted material or someone borrowed your computer to download music, you as the owner of the computer are responsible for your actions and that of anyone else using your computer, including violating copyright law.

Due to prevalence of copyright violations among file sharers, discussions of software such as Limewire and BitTorrent always lead to the topics of copyright and copyright infringement. This entanglement results from the relative ease in which copyright infringement can occur over file sharing networks. It is important to realize that even an unknowing or otherwise well-intentioned violation is still a violation and can have consequences. Please note that the Recording Industry Association of America (RIAA) has stepped up its enforcement of copyright violations. In a more recent move, students at university campuses throughout the United States have been the recipients of pre-litigation settlement letters. These letters are the result of copyright violations and the RIAA provides students with two options: settle and avoid a lawsuit or risk higher money damages if the copyright violations result in a lawsuit. Keep in mind that the "bargain" price for a pre-litigation settlement still may exceed $3000.00.

If you are unsure of the license restrictions on a song, program, movie, etc., assume that the item in question is regulated. In general, until the law or the environment in which these issues are occurring is changed, you would be wise to assume that nothing is free. Further, do not assume that you have the right to redistribute the item. Many people are unaware that not only downloading, but also distribution of copyrighted material is considered infringement. While these assumptions are not always true, they are safe assumptions when trying to avoid legal troubles. However, legal issues are not the only issues to be aware of when file sharing.

File sharing may also compromise your computer and put you at risk of identity theft

Typically, p2p file sharing programs come bundled with spyware (which can track your actions and report them back to a third party), or the files obtained with the p2p programs will contain spyware. This information is typically used for marketing research, but it could be used for spamming, identity theft, etc. Adware is another common component of software in p2p environments. Adware can prove to be frustrating and very distracting by popping up advertisements on your computer. Too much adware and/or spyware on your system can make it practically unusable. Lastly, it is not uncommon to find viruses in files available on p2p networks.

Consequences of copyright violation

The following are some consequences that result from copyright violation:

  • loss of network computing privileges (temporary, extended or permanent)
  • referral for disciplinary action, such as honor code proceedings
  • a mandatory conference with University officials

Additionally, legal action may be taken against you by the copyright holder, including lawsuits or settlement costs.

Suggestions

Utilize a pay-service such as iTunes. The quality of this service is typically much higher than any free p2p network. The songs are good quality and the downloads are fast. If you must use p2p applications, check all files for viruses before opening and do not share ANY copyrighted files.

Resources

http://security.unc.edu/filesharing/ (Information about file sharing on the UNC-Chapel Hill campus data network)

http://www.copyright.gov/legislation/dmca.pdf (Summary of the Digital Millennium Copyright Act)


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