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    Policies & Guidelines

    Important Facts About Peer-to-Peer File Sharing Programs

    Overview
    Legal issues
    Network Performance
    System Vulnerabilities
    Student Responsibilities

    Avoid the peer-to-peer headache by using CDIGIX for your media download enjoyment.

    Recent Supreme Court decision regarding peer-to-peer software

    Overview

    Downloading and sharing copyrighted files is a serious issue. Universities throughout the country are struggling to cope with the growing problem of university resources being used for illegal file sharing. This document provides a brief discussion about the legal ramifications of sharing copyrighted materials and describes the impact of peer-to-peer programs on your computer and the network.

    Peer-to-peer file sharing, as a method of file transfer, is legal. If you want to share your grocery list with the world, that is acceptable. Peer-to-peer file sharing is not legal when copyrighted material is shared without consent of the owner of the copyright. Additionally, peer-to-peer file sharing consumes excessive amounts of Tulane University's network bandwidth. Tulane University has more than enough bandwidth to accommodate all of your academic needs- 90 Mbps.

    Legal issues

    a. What you CAN do

    The DMCA, Digital Millennium Copyright Act (1998) seeks to protect copyright holders from the technological circumvention of previous copyright statues. In 1976 the concept of "Fair Use" was added to the existing copyright clause of the US Constitution. Fair use is not defined in the constitution, it was decided in the courts. There are, however, Supreme Court decisions that have defined fair use based on other cases that can reasonably be interpreted to mean the following:

    • You can rip music that you have legally purchased to MP3s so that you have them in a digital format.
    • You can store the songs in your computer or MP3 player, for you own personal use.
    • You can burn your own "mix" CDs using your own CD collection, as long as you keep that mix CD in your possession.

    These same principles apply to movies, books, or any other copyrighted material that you may own.

    b. What you CANNOT do

    Distributing, uploading, downloading, and transmitting music and movies without the consent of the copyright owner is illegal. The same way software vendors (such as Microsoft) actively seek out and prosecute unauthorized use of their software, the music and movie industries have begun to seek out computer systems and individuals who upload, download, and transmit music and movies in digital formats without authorization.

    While it is unlikely that you would be criminally prosecuted for downloading a single song, it is illegal. A more likely scenario would be that your peer-to-peer software was by default sharing all the MP3s stored on your computer. Regardless of your knowledge or intent to do this, it is still a crime and the music and movie industries are seeking out and prosecuting offenders.

    As a university student, you are particularly vulnerable to the watchful eyes of the RIAA (Recording Industry Association of America) and the MPAA (Motion Picture Association of America). Copyright holders contact Tulane on a regular basis demanding that the illegal distribution of their material be stopped. Please be aware of the consequences of your actions.

    If Technology Services is contacted by a copyright holder and notified that a certain IP address is distributing copyrighted material without their consent, we will block that IP from connecting to the network while we investigate the matter.

    • Your internet connection will be disabled immediately
    • You are solely responsible for the sharing of copyrighted material, not Tulane University
    • If necessary, Judicial Affairs will be contacted

    Network Performance

    Peer-to-peer file sharing programs significantly degrade the speed of the network and of your computer processor. If your neighbor (or your computer) is acting as a file server and sharing DVDs and MP3s, your network speed will substantially diminish. Please be aware that the network belongs to Tulane and we will do what is necessary to ensure that we have the proper resources available for the appropriate academic pursuits. As a Tulane student that uses the Tulane network, you are obliged to follow certain policies, one of which is the Responsible Use of Bandwidth.

    System Vulnerabilities

    Popular peer-to-peer file sharing programs, such as KaZaA and Morpheus, contain spyware that can record computer usage, deliver advertising and other unsolicited files, and allow others access to your files and resources. You are also vulnerable to Trojan horses and other malicious code every time you download a file.

    Student Responsibilities

    Immediately uninstall or disable file sharing if you have a peer-to-peer program installed on your computer. For detailed instructions on this, please call the Help Desk at 862-8888 or refer to this web page: http://security.uchicago.edu/peer-to-peer/no_fileshare.shtml Your cooperation in protecting your computer while maintaining the speed and integrity of the Tulane network is appreciated.

    Resources

    http://www.gseis.ucla.edu/iclp/dmca1.htm

    http://www.riaa.com/Copyright-Laws-4.cfm

    http://www.dcbar.org/for_lawyers/washington_lawyer/february_2003/access.cfm

    http://www.macworld.com/2001/10/macbeat/rip/

    http://www.ripburnrespect.com/music/whatsfair.html




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