The Bottom Line on File Sharing at the University of Delaware
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The Bottom Line on File Sharing at the University of Delaware |
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Violating Copyright is Illegal - Period |
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Protect Yourself: Do It Legally What Do You Think about illegal downloading? Violating copyright carries penalties at UD |
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You mean someone saw my computer sharing copyrighted material on the internet and reported it to the University? Is this legal? What else can they do?
Since 2004, the motion picture and recording industries have been suing those found to be infringing on their copyrights via peer-to-peer (P2P) networks (LimeWire, BitTorrent, etc.). Violators can be liable for fines ranging from $750 - $30,000 per file - $150,000 plus imprisonment if the infringement is willful. If the University receives a subpoena seeking your identity because the IP address used by your computer or network device (e.g. wireless router) is seen infringing on copyrights, it is required by law to disclose your identity to the courts. The Recording Industry Association of America is now sending pre-litigation letters to suspected violators via their colleges and universities. These letters will encourage alleged copyright infringers to settle at a discounted rate. The letters will advise that the RIAA intends to file a lawsuit against the user claiming that it has evidence that the user was infringing on their member's copyrights. The University intends to take two steps after receiving the RIAA's request to forward the letter. First, it will forward pre-litigation letters to the students in question. Those users receiving such letters should consult with their own attorney and the University will not be responsible for providing legal advice. Next, because illegal P2P file sharing is a violation of the University's Policy for Responsible Computing, the case will be referred to the Office of Judicial Affairs. If you receive one of these pre-litigation letters you will be required to preserve all evidence that relates to the claims against you, including any recordings you have downloaded and the P2P programs on your system. It is likely that the University will be asked to do likewise.
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