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| Office
of the General Counsel and Vice Chancellor for Legal Affairs Frederick P. Schaffer, Vice Chancellor |
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October 20,
2003 File Sharing and Copyrighted Material |
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Peer-to-peer
(P2P) file-sharing programs have become a popular way to exchange
music, movies, games and software over the Internet. Academic applications
of these programs are also expanding. If you use P2P programs, we
want you to be aware of certain personal risks. P2P file-sharing programs are not illegal. However, they can be used for illegal copying or distributing of music, movie, software and other files. Most material is copyrighted; downloading or distributing such material without permission of the copyright holder is a violation of U.S. copyright law. If you use a P2P program to download, trade or share files without appropriate permission, you may be liable for money damages and even jail time. In addition, this kind of use is in violation of CUNY's policy on Use of CUNY Computer Resources and may subject you to disciplinary action. The risk of suit is real. Automated scanning software helps copyright holders identify infringements. On September 8, 2003 the Recording Industry Association of America (RIAA), the trade group that represents the U.S. recording industry, filed lawsuits against 216 individuals who distributed substantial amounts of copyrighted music on P2P networks. The RIAA has announced that this is the first wave of what could be thousands of civil lawsuits against individuals. As the Internet Service Provider to the University community, CUNY is required by law to respond when notified of infringing material located on CUNY networks. If CUNY failed to act, it could share liability as the owner of the network. CUNY will therefore notify the alleged infringer and may terminate network access until the problem is corrected. CUNY may also be required to identify individuals who have violated copyright laws. You should also be aware that P2P file sharing may decrease computer security and make it vulnerable to hacking or computer viruses. Furthermore, P2P activity on CUNY networks consumes a disproportionate amount of network resources. In an environment where we share network resources, this is unfair, and may mean that instructional, research and administrative activities are compromised. There is much debate about copyright law in the digital age. If you don't like the law regarding P2P file-sharing, learn more about it and become involved in trying to change it. In the meantime, protect yourself by acting responsibly and respecting the intellectual property rights of others. |