File Sharing Policy

Contents

Policy Author:
Office of Information Technology

Responsible Office – Department:
Office of Information Technology

Effective Date of Policy:
February 10, 2018

Daemen Prevents Unauthorized Distribution of Copyrighted Material

The use of peer-to-peer file sharing applications to transmit or exchange videos, music, software, images, or other copyright-protected content is prohibited. Peer-to-peer file-sharing software applications (including uTorrent, Bit Torrent, LimeWire, FrostWire, etc.) are defined as programs that allow computers to share content over a local area network and the Internet without accessing a centralized distribution server or set of servers.

Daemen University’s technology deterrent on DC-Secure and DC-Wildcat blocks illegal file sharing via peer-to-peer sharing applications, including illegally downloading music, movies, games, and software programs.

Wireless Internet provided by Spectrum Services DOES NOT have a technology deterrent. As copyright holders search the Internet to determine whether their copyrighted material is being illegally distributed or downloaded, users of peer-to-peer file sharing can be identified via IP address.

Spectrum’s Terms of Service state it is not responsible for content on its network. Therefore, Spectrum will contact Daemen University when they receive a notice of copyright infringement from a content owner. Daemen will address any reported violations through the policies and procedures outlined in the Student Code of Conduct.

Daemen University is required by law to take immediate action to stop this unauthorized activity. Organizations like the Motion Picture Association of America (MPAA) and the Recording Industry Association of America (RIAA) frequently police file-sharing programs for copyrighted material belonging to the artists they represent. Under the Digital Millennium Copyright Act, Daemen must respond to MPAA and RIAA complaints of copyright violations for sharing movies and music from computers on the Daemen network. In addition to civil action, local campus disciplinary action will be taken against offenders.

Some students are under the impression that their activity on the Internet is largely anonymous, but this is untrue. In fact, almost all your activity on the Internet is traceable. As copyright holders search the Internet to determine whether their copyrighted material is being illegally distributed or downloaded, users of peer to peer file sharing can be identified via the modem’s IP address.

The Daemen File Sharing Notification is emailed to all registered students twice annually at the beginning of the Fall and Spring semesters. The File Sharing Notification is always available in hard copy form in the Office of Information Technology Help Desk Offices in the Research and Information Commons.

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, at its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505.

Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.

For more information, please see the Web site of the U.S. Copyright Office at http ://www.copyright.gov.

If a complaint of copyright infringement is made against you, you will also face disciplinary action by Daemen University as stated in the Daemen University Student Handbook. This may include permanent loss of your access to the Daemen network.

A committee will meet at least once a year to evaluate the effectiveness of the File Sharing Policy. The committee members will include but are not limited to, the Chief Information Officer of the Office of Information Technology, the Network Administrator, and the Systems Administrator.

The evaluation will include assessing the current technology-based deterrents in place, ensuring that we are following best practices compared to other institutions of higher learning, and ensuring that our electronic infringement notices are declining. The committee will also update our recommendations for legal alternatives to illegal downloading.