Felony File Sharing: Will your "free" music and movies cost more than you bargained?

March 31, 2007 - Portland State University

Purchasing new music, movies or software is often expensive. Some people have found a way around these costs through illegal downloading and file-sharing. While it might seem like this is a "victimless" crime, the Recording Industry Association of America takes it VERY seriously. The RIAA has announced a new campus lawsuit strategy and is increasing measures to enforce it¹. Under federal law, universities that receive DMCA violation complaints must act to stop repeat offenders or else the schools, not just the individual, can be sued.

The threat of lawsuits and criminal punishment is close to home. In 1999, a University of Oregon student was the first person convicted under the No Electronic Theft Act. This student now has a felony conviction². Other Oregon University System students have also faced lawsuits since that time. PSU recognizes that there are legitimate purposes for using peer-to-peer (p2p) file-sharing systems and will, therefore, not ban their use on campus unless there are specific and justifiable legal reasons to do so. However, if you participate in file-sharing activity there are a few things you should know:

Copyright laws apply. PSU must respond to DMCA violation notices.
Copyright owners may name the individual and/or the University in the lawsuit even if the p2p file sharing was done without the individual's knowledge.
The settlement cost if you are named in an RIAA lawsuit could be between $3,000 and $5,000³, or much greater if other copyright infringement organizations are involved.
Personal information and data are at risk if you are using peer-to-peer software.
Please review the PSU Copyright Policy.

For more information on file-sharing and digital copyright enforcement guidelines at PSU, please visit www.oit.pdx.edu/what-is-dmca. The RIAA also has an informational site at www.campusdownloading.com. Read below for tips on responsible file-sharing.

If you have questions, concerns or want more information, please contact us.

Networking & Telecommunications Services at Portland State University
Phone: 503-725-4434, Email: nts@lists.pdx.edu, Website: www.telecom.pdx.edu

What is the DMCA?

The Digital Millennium Copyright Act or DMCA covers any copyrighted material including music, movies, software and books. Although file-sharing has become commonplace, it is a violation of federal law and PSU's Acceptable Use Policy to download or distribute copyrighted files to which you do not have rights. The RIAA and Motion Picture Association of America (MPAA) aggressively pursue violators. The penalties to you and the University can be severe. To protect the PSU community, the University has adopted a DMCA violation enforcement guideline and embarked on a DMCA education campaign.

Configure your P2P Application for Responsible File-Sharing

Partially disable uploading in your p2p application.

This will prevent others from copying files from your computer. BitTorrent, however, does not allow you to reconfigure upload settings. For this reason, we discourage using it. Any .torrent files are automatically shared for download. This especially becomes a problem for universities because our fast internet connection is attractive to people off-campus seeking quick download speeds. You may be only one person downloading a few files, but with a p2p application running you can have many people copying files from your computer. Check your specific p2p application configuration to see if it allows you to disable uploading. If it does not allow it, we recommend you do not use it.

Use virus protection.

Virus protection is free. Contact the User Support Services Help Desk to get it installed. If you are downloading files from unknown sources, do not take the risk of becoming infected. Keep your virus protection up to date.

Turn off your computer.

P2p applications can run in the background. Turn off your computer when you are not using it to ensure no one is accessing your computer unmonitored.

Turn off your p2p application.

Even if you think you've turned off your p2p application while you are using other software on your computer, be sure the p2p application is not still running in the background. Do not set your p2p application to start automatically when your system boots up.

Legal Sources for Online Music

DMCA Notification Process and Consequences

There are two situations in which PSU receives copyright infringement notices. The first, is a complaint alleging illegal downloading without any indication that a subpoena or settlement letter is forthcoming and without any request to provide information regarding the user or to forward a settlement demand. The second, is a complaint alleging illegal downloading and stating that a pre-litigation settlement letter and/or subpoena may be forthcoming. Both of these notices should be taken seriously.

The following is the process we follow when a DMCA complaint is received

Situation 1:

Complaint received alleging illegal downloading, without any indication that a subpoena or settlement letter is forthcoming and without any request to provide information regarding the user or to forward a settlement demand.

1st Offense: A notice is sent by both email and U.S. Mail to the user (text below). If Networking & Telecom does not receive a response within 7 days of the initial email notice, all internet access for the user will be shut down. Internet access can be restored when the user reaffirms, in writing, that he or she will comply with federal copyright law and University Acceptable Use Policy.

Text of Notice:

Official Notice to [user’s name appears here] of Alleged Copyright Violation

[RT ticket number appears here]

Portland State University has received a notice alleging that a computer resource for which you are responsible has been used to share copyrighted materials in violation of federal law. Federal law protects the distribution of copyrighted material over the Internet under the Digital Millennium Copyright Act of 1998. In addition, such activity, if it occurred, is a violation of the University’s Acceptable Use Policy. A copy of the notice is attached. Please note that we have already responded to this notice and it is unnecessary for you to respond to the _________directly.

The notice alleges that your Internet Protocol Address was used in the following inappropriate manner:

[insert info from notice

You must contact our office in writing (email: abuse@pdx.edu within one week of the date of this notice or your network access will be disabled.

In your response to us, you must state:

That you have received and reviewed the notice from the University alleging that a computer resource for which you are responsible has been used for sharing copyrighted material;
That all use of University computer resources for which you are responsible will comply with all applicable laws (including federal copyright law) and with the University’s Acceptable Use Policy;
That you understand that if the University receives any further complaints regarding use of University computer resources for which you are responsible, your internet access will be disabled; and
If you are currently a student, that you understand that if the University receives any further complaints regarding use of University computer resources for which you are responsible, that the matter will be referred to the Office of The Dean of Students for proceedings under the Student Code of Conduct.

The recording industry regularly initiates legal action against users of computer resources of colleges and universities for alleged violations of federal copyright law. Please be aware that the content of your response to us could be used against you if litigation is commenced as a result of your use of University computer resources. We recommend that you limit your response to the points provided above.

At this time, we have not received any request to identify you or to forward a settlement demand to you. If we do, we will notify you at your last known electronic and U.S. Mail addresses. If you are currently a student at Portland State University, free legal advice regarding alleged copyright violations is available to you at Student Legal Services and Mediation Services. They are located at M340 Smith Memorial Student Center and can be reached at (503) 725-4556.

For more information on the DMCA, Copyright Policy, and configuring your computer to prevent file sharing, please see the NTS website at http://www.telecom.pdx.edu/DMCA.php.

Networking & Telecommunications Services
Portland State University
Phone: 503-725-4434
abuse@pdx.edu

2nd Offense (that occurs after the date that the email regarding the 1st Offense was sent to user):

Internet access is immediately shut down upon receipt of the second offense. The user is sent the following notice by email and U.S. mail and is referred to the Office of the Dean of Students. The user must convince the Dean of Students that restoration of internet access is warranted before any internet access can be restored.

Text of Notice:

Second Official Notice to [user’s name appears here] of Alleged Copyright Violation

[RT ticket number appears here]

Federal law protects the distribution of copyrighted material over the Internet under the Digital Millennium Copyright Act of 1998. In addition, such activity, if it occurred, is a violation of the University’s Acceptable Use Policy. A copy of the notice is attached.

The notice alleges that your Internet Protocol Address was used in the following inappropriate manner:

[insert info from notice]

YOUR INTERNET ACCESS HAS BEEN DISABLED AND THE COMPLAINT AGAINST YOU HAS BEEN REFERRED TO THE OFFICE OF STUDENT AFFAIRS FOR POTENTIAL PROCEEDINGS UNDER THE STUDENT CODE OF CONDUCT.

Please be aware that your response to us could be used against you if litigation is commenced as a result of your use of University computer resources. The recording industry regularly initiates legal action against users of computer resources of colleges and universities for alleged violations of federal copyright law. At this time, we have not received any request to identify you or to forward a settlement demand to you. If we do, we will notify you at your last known electronic and U.S. Mail addresses. Although legal action against you has not been threatened at this time, you might want to consult with an attorney before making any statements that could be used against you or before having contact with representatives or lawyers for the recording industry. If you are currently a student at Portland State University, free legal advice regarding alleged copyright violations is available to you at Student Legal Services and Mediation Services. They are located at M340 Smith Memorial Student Center and can be reached at (503) 725-4556.

For more information on the DMCA, Copyright Policy, and configuring your computer to prevent file sharing, please see the NTS website at http://www.telecom.pdx.edu/DMCA.php.

Networking & Telecommunications Services
Portland State University
Phone: 503-725-4434
abuse@pdx.edu

Situation 2:

Complaint received alleging illegal downloading and stating that a pre-litigation settlement letter and/or subpoena may be forthcoming.

A notice is sent by email and U.S. mail to the user (text below). If no response is received by Networking & Telecom within 2 weeks of the initial email notice, then the user's internet access will be shut down. Internet access will only be restored if the user reaffirms, in writing, that he or she will comply with the federal copyright law and University Acceptable Use Policy.

Send notice by email to user (text below). Send the same notice by U.S. Mail. If no response within 2 weeks of the initial email notice, shut down internet access. Restore internet access if user reaffirms in writing that he or she will comply with federal copyright law and University Acceptable Use Policy.

Text of Notice:

Official Notice to [user’s name appears here] of Alleged Copyright Violation and Threat of Potential Future Litigation Against You

[RT ticket number appears here]

Portland State University has received a notice from an attorney for the Recording Industry Association of America (“RIAA”) alleging that a computer resource for which you are responsible has been used for sharing copyrighted materials. Federal law protects the distribution of copyrighted material over the internet under the Digital Millennium Copyright Act of 1998. In addition, such activity, if it occurred, is a violation of the University’s Acceptable Use Policy

The notice from the RIAA is attached. Please note that the notice states: (1) that a subpoena may be served on the University in an effort to ascertain your identity, and (2) that an early settlement letter may be sent to the University with a request that we forward the letter to you. To date, the University has not received either a subpoena or a settlement letter regarding these allegations. If we do, we will forward them to you using your last know electronic and physical mailing addresses.

The notice alleges that your Internet Protocol Address was used in the following inappropriate manner:

[insert info from notice]

You must contact our office in writing (email: abuse@pdx.edu) within one week of the date of this notice or your network access will be disabled.

In your response to us, you must state:

That you have received and reviewed the notice from the University alleging that a computer resource for which you are responsible has been used for sharing copyrighted material;
That the use of University computer resources for which you are responsible will comply with all applicable laws (including federal copyright law) and with the University’s Acceptable Use Policy;
That you understand that if the University receives any further complaints regarding use of University computer resources for which you are responsible, your internet access will be disabled; and
If you are currently a student, that you understand that if the University receives any further complaints regarding use of University computer resources for which you are responsible, that the matter will be referred to the Office of Student Affairs for possible proceedings under the Student Code of Conduct.

At other colleges and universities in the United States, the RIAA has reached monetary settlements with students alleged to have used school computer resources to violate federal copyright law. Some cases have been taken to trial. You should treat this matter seriously.

Please be aware that your response to us could be used against you if litigation is commenced as a result of your use of University computer resources. You should consult with an attorney before making any statements that could be used against you or before having contact with representatives or lawyers for the recording industry. If you are currently a student at Portland State University, free legal advice regarding alleged copyright violations is available to you at Student Legal Services and Mediation Services. They are located at M340 Smith Memorial Student Center and can be reached at (503) 725-4556.

For more information on the DMCA, Copyright Policy, and configuring your computer to prevent file sharing, please see the NTS website at http://www.telecom.pdx.edu/DMCA.php.

Networking & Telecommunications Services
Portland State University
Phone: 503-725-4434
abuse@pdx.edu

Sharon Blanton, PhD
Associate CIO, Office of Information Technologies
Portland State University
PO Box 751
Portland, OR 97207

Click play to find out more about copyright infringement and how it can affect you.

¹http://www.slyck.com/story1422.html
²http://www.usdoj.gov/opa/pr/1999/August/371crm.htm
³http://www.slyck.com/story1422.html