Peer-to-Peer File Sharing

Peer-to-Peer File Sharing

Peer to Peer File Sharing

The Higher Education Opportunity Act (2008) requires that Bethel University inform its students each year that the illegal distribution of copyrighted materials may subject them to criminal and civil penalties and what steps the university will take to detect and hold students accountable for illegal distribu­tion of copyrighted materials. Full infor­mation is available at confluence.bethel.edu

The Recording Industry Association of American (RIAA) and other organizations continue their initiatives to stop peer-to-peer file sharing of copy­righted music, movies, and games by students on college campuses. Please be aware that violations of copyright law can lead to criminal charges and civil penalties. Under current law, criminal cases of copyright violation carry a penalty of up to five (5) years in prison and a $250,000 fine. Civil penalties for copyright infringement include a minimum fine of $750 for each item. While criminal prosecution for illegal downloading is rare, civil lawsuits are quite common for some institutions. Bethel students have been the target of these lawsuits in the past, and we want to make you aware that this may affect you as a student at Bethel.

Students should be aware that file sharing is automatically turned on when peer-to-peer applications such as Limewire, Bit Torrent, FastTrack, Gnutella, AresWarez, KaZaA, and eDon­key are downloaded. It is illegal to share copyright-protected materials through these programs, whether or not you own the CD or DVD from which the file was taken. It is permissible to have music files on your computer if you own the appropriate copyright (CD or DVD), but you may not share it with others.

Furthermore, the student who owns the computer may be legally liable for the peer-to-peer file sharing viola­tion regardless of who installed the program on the computer and regard­less of who is using it at the time of a peer-to-peer sharing violation. In addi­tion, students who allow other persons to use their personal wireless networks may be held responsible for peer-to-peer file sharing violations if those who connect through this private network violate the law.

Students should also be aware and take measures to eliminate these file sharing programs from their computers. If you do not know how to check your computer for peer-to-peer file shar­ing programs or do not know how to turn them off, we suggest you contact a friend who is familiar with these kinds of programs. The configuration for each installation is different depending on the program that is installed on your computer. If you have questions about these programs, you may also call ITS at 651.638.6500.

If the university is notified of an alleged student violation of copyright laws through peer-to-peer file sharing, the following steps will be taken:

The student’s computer will be 1. Blackholed; e.g., the computer will be unable to connect to Bethel’s network.

The student will be required to set 2. up an appointment with a dean in the Office of Student Life to discuss the alleged violation.

Upon satisfactory removal of the 3. violating materials from the com­puter, students will be required to pay a $100 fee for reconnection to the Bethel network. This fee is used to defray the costs associated with handling the violation claim and reconnecting the student’s computer.

Students may be able to locate legal alternatives for obtaining digital content such as movies, music, and games at educause.edu/focus-areas-and-initiatives/policy-and-security/educause-policy/issues-and-positions/intellectual-property/legal-sources-onli