Peer-to-Peer (P2P) file sharing is the use of a P2P software for swapping and sharing digital media such as music, films, TV shows, and computer games with others across the internet. P2P file-sharing software is an easy, convenient, and inexpensive way to acquire digital media. However, the process of downloading files and making it available for others to upload from your computer can result in an illegal distribution of copyrighted material, which is a violation of Penn Copyright and Acceptable Use policies, and of the Digital Millennium Copyright Act (DMCA).
Peer-to-Peer File-Sharing
Copyright Policy
The University's Unauthorized Copying of Copyrighted Media policy states, “The University of Pennsylvania does not condone or tolerate the unauthorized copying of licensed computer software or digital media by staff, faculty or student. The University shall adhere to its contractual responsibilities and shall comply with the United States copyright law and expects all members of the University community to do so as well. Members of the University community who violate this policy may be subject to discipline through standard University procedures. An individual or University department engaged in unauthorized copying or use of copyrighted materials may also face a civil suit, criminal charges, and/or penalties and fines. Subject to the facts and circumstances of each case, such individuals or departments shall be solely responsible for their defense and resulting liability."
The Digital Millennium Copyright Act (DMCA)
The Digital Millennium Copyright Act (DMCA) was signed into law in 1998 to protect the rights of the original work of authorship from reproduction or tampering. DMCA criminalizes the use or development of software that allows users to access copyright protected material.
The Higher Education Opportunity Act of 2008 (Public Law 110-315) Section 488 (P), requires post-secondary education institutions to set “policies and sanctions related to copyright infringement including an annual disclosure that explicitly informs students that unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject the students to civil and criminal liabilities, provide students with a summary of penalties for violation of Federal copyright laws including disciplinary actions that are taken against students who engage in unauthorized distribution of copyrighted materials using the institution’s information technology system."
Report Copyright Violation
Members of the University community who violate the University Copyright Policy may be subject to disciplinary actions through standard University procedures. Penn has designated the University Information Security Officer as an agent to receive notifications of alleged copyright infringement in the upenn.edu domain. If you believe your copyrighted work is being infringed on a Penn site, please notify the University copyright agent.
In notifying the University of an alleged copyright violation, be sure to include the following information:
- A description of the copyrighted work that is the subject of the claimed infringement (if multiple works are being infringed at a single site, a representative list of such works at the site is adequate).
- A description of the infringing material and information sufficient to permit the University to locate the material.
- Your contact information including address, telephone number and/or email address.
- A statement by you indicating you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law.
- A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed, and
- A physical or electronic signature of the copyright owner or a person authorized to act on its behalf.
Failure to include all the above-listed information may result in a delay in the processing of your complaint. Penn will comply with the requirements of the Digital Millennium Copyright Act. Consistent with the DMCA, and in accordance with Penn's acceptable use policy, the University reserves the right to terminate system access of users who repeatedly infringe on the rights of copyright owners. Questions about the University copyright policy should be directed to security@isc.upenn.edu, or (215) 898-2172.
The University Copyright Agent
NICK FALCONE
University Information Security Officer/Copyright Agent
University of Pennsylvania
Email: DMCA@ISC.UPENN.EDU
Phone: +1-215-898-2172
Fax: +1-215-573-2037
US Mail: 3401 Walnut Street, Suite 213A, Philadelphia, PA 19104-6228
Legal Alternatives to P2P
The use of peer-to-peer (P2P) file-sharing software is an easy and inexpensive way to swap and share digital media such as music, films, TV shows, computer games, and applications. However, allowing other P2P users access to your digital media for download or upload is a violation of the Digital Millennium Copyright Act (DMCA) and Penn Copyright and Acceptable Use policies.
There are, though, legal alternative sources for obtaining digital media at a minimal cost, and in some cases at no cost at all. EDUCAUSE, a nonprofit organization working to advance higher education through the use of information technology, provides a comprehensive list of alternative services to the use of P2P file-sharing for free digital media. You can access this list at www.educause.edu/legalcontent/
In addition, a number of streaming services provide a wide variety of music genres from thousands of Internet radio stations. A few of the more widely known streaming services are:
Music/Internet Radio
- SHOUTcast at www.shoutcast.com
- Pandora Internet Radio at www.pandora.com
- Live365 at www.live365.com
Video
RedBox Instant at www.redbox.com
Other
If you're aware of other legal digital media downloading or streaming services that might be of interest to the Penn Community, contact us at dmca@isc.upenn.edu and we will review it for possible inclusion.
P2P File-Sharing Risks
If you are considering P2P File-Sharing software, you need to understand the security and privacy risks associated with it. There are risks associated with using P2P that include:
- Installation of malicious code (malware). When you are downloading files from P2P applications, it's difficult to verify the source. These applications are often used by malicious individuals to transmit malicious codes incorporated or attached to files. Unknowingly, you could install a virus, spyware or a trojan on your computer when downloading a file or media from P2P application.
- Compromise of privacy. Sharing files using P2P applications may provide unauthorized individuals access to personal information and sensitive data (similar to your financial and medical records) stored on the P2P application or on your computer.
- Prosecution. If you download pirated software or copyright material, even unknowingly, you may be subject to legal actions and heavy fines.
Minimize the Risk
The best method to eliminate the risk is to avoid using P2P applications. However, if you are planning to use one, make sure to:
- Install and run anti-virus software. Anti-virus software detects malware on your computer, software, and files. As malicious individuals work diligently to release new and sophisticated malicious codes, it is important to keep your anti-virus up to date with the latest definitions by regularly installing new updates.
- Know the P2P Filesharing software you are installing. When you load a P2P file-sharing application onto your computer, changes you made to the application's default setting may grant the application's users access to your personal folders on sub-folders. To protect your privacy, read carefully about the P2P file-sharing application and its features before loading it onto your computer, and only enable features you need to use.
- Install and enable personal computer firewall. A firewall can block some malicious traffic from reaching your computer. By installing and enabling a personal computer firewall you are adding a second layer of security in protecting your computer and data.
- Exit the program. The best method to close a program is by clicking exit. In some cases clicking "X" on the application doesn't close the application allowing it to run on your computer consuming your Internet bandwidth while granting access to your folders. You may also need to adjust the file-sharing program's controls to prevent it from opening automatically.
- Back up sensitive data. Back up all files and software you need access to in the event your computer crashes or when you lose access to these files in a clear readable format. Store the backup disk in a secure and safe location, e.g. locked file cabinet.