HEOA Compliance and P2P File Sharing Requirements

Copyright Laws and Peer-to-Peer File Sharing

Peer-to-peer (P2P) file sharing allows end-users to share files online through computers that are running the same software. While file sharing in itself is not illegal, it is a violation of federal law and 十大正规平台 UNIVERSITY policy to share and/or distribute copyrighted materials without the permission of the copyright holder.

意想不到的后果

File-sharing can give you access to a wealth of information, but it also has a number of risks. You could download copyright-protected material, pornography, or viruses without meaning to. Or you could mistakenly allow other people to copy files you don't mean to share.(从 OnGuard在线.政府)

十大正规网堵平台政策

All University members agree to the University's Network Acceptable Use policy, upon logging into the 十大正规平台 UNIVERSITY Network. Violation of this agreement can result in the following:

  • 十大正规平台 UNIVERSITY will disable network access for any end-user for which a complaint of copyright infringement has been received. The end-user network access will need to be reinstated after investigation and counseling to regain network access.
  • If the end-user is named in additional complaints, they may lose long term access to network service.
  • 学生 will be referred to the Director of Education for further review and action.
  • 教师 and staff will be referred to their supervisor for further review and action.

法律责任

You can be sued for sharing copyrighted materials without the permission of the copyright holder. The law specifies that you can be liable for:

  • 诉讼费用, 律师费用, 以及实际损害赔偿, 或750至30元的法定损害赔偿,每件侵权作品赔偿1万美元. The maximum is raised to $150,000 for cases of "willful infringement"
  • Possible criminal penalties up to $250,000, and/or imprisonment.
  • 法定损害赔偿200美元至2美元,500 for each action taken to circumvent technological measures used to control access to copyrighted works or prevent infringement of the exclusive rights of copyright owners. (Example: you rip a DVD and remove the CSS encryption)
  • Statutory damages of $2,500-$25,000 for removal or alteration of copyright management information. (Example: You rip a DVD and don't include the FBI warning in the copy)

美国唱片协会诉讼前和解函

The Recording Industry Association of America (RIAA) will typically request Internet service providers to forward a pre-litigation settlement letter to a end-user associated with a computer distributing copyrighted songs. The settlement letter lists songs allegedly shared from that end-user's computer and suggests that the end-user can "settle" the case by paying $350 for each song (vs. a minimum fine of $750 or higher per song if found guilty of infringement in court).

As An Internet Provider, 十大正规平台 UNIVERSITY:

  1. Complies with the requirements of the DMCA and expects individuals to comply with the law and with the 十大正规平台 UNIVERSITY Network Policy.
  2. Does not notify individuals unless P2P traffic (not content) has been verified. Individuals can say that they were not in violation of the DMCA or 十大正规平台 UNIVERSITY Policy.
  3. Does not release any information to the RIAA (or any others from whom we receive DMCA complaints) without a subpoena or court order.
  4. Will pass on the "settlement letters" as a courtesy to the college member, 但不是作为美国唱片工业协会的特工.

Note: If an individual receives a "settlement letter", he or she may wish to seek independent legal counsel.

合法音乐,电影和游戏在线

There are a number of legal resources for enjoying music or movies online. We have compiled a list of legal file sharing sites that offer a range of free and for fee services. This list is not exhaustive, and these sites are not endorsed by 十大正规网堵平台.

更多信息: http://www.educause.edu/legalcontent