| |
|
|
|
An Open Letter to the University Community:
SERIOUS PENALTIES FOR ABUSE OF COPYRIGHTS ON THE NET
April 28, 2003
On April 2, 2003, the Recording Industry Association of America (RIAA) filed a lawsuit against four university students from Princeton University, Michigan Technological University and Rensselaer Polytechnic Institute for sharing songs with other students through their university networks. These lawsuits could result in multi-million dollar judgments against the students and possible expulsion from their respective universities. Fifteen more people, including a Duke University student, are currently awaiting sentencing after pleading guilty to charges of violating federal copyright laws on the Internet. Their sentences could result in jail time in a federal penitentiary and very substantial fines. These cases are all a part of a renewed push by private industry and the federal government to protect copyrighted materials. The intensity of legal action and public attention to the problems created by misuse of file sharing technology make these issues unavoidable for universities.
The University of Denver prohibits the use of its networks and systems for the purpose of committing violations of law, including the copyright laws of the United States.
Federal law prohibits the reproduction, distribution, public display or public performance of copyrighted materials over the Internet without permission of the copyright holder, except in accordance with fair use or other specifically applicable statutory exceptions. It is alleged that the majority of the music, games and videos distributed through file-sharing programs are done without the permission of the copyright holder. In addition, many of these programs automatically give other users access to files on the sender’s computer, so the sender can be guilty of distributing these materials without his or her knowledge. This can be an extremely costly mistake as the Digital Millennium Copyright Act (1998) and the No-Electronic Theft Act (1997) allow for potential jail time and substantial fines for the illegal downloading of even one song.
Copyright owners have begun to use highly sophisticated “sniffer” programs to aggressively search for people who are providing copyrighted songs and videos to others over the Internet. Further, the RIAA and other trade associations are stepping up their efforts to lobby local and federal governments to increase the number of prosecutions they seek.
If you are using a file-sharing program and are on the University’s network (including its modem pool), you should consider removing it from your system. If you choose not to remove the application, please do not use the system to transmit proprietary material and you should immediately ensure that your system is set to prevent sharing of files from your computer with others. The University of Chicago has set up a web page with instructions on how to disable this function on some of the more common peer-to-peer clients. [Disabling peer to peer file sharing]
The University of Denver is committed to the well being of our students, faculty and staff as a part of our educational mission. In this context, we are also committed to full observance of all copyright and information security laws. As such, the University complies with the Digital Millennium Copyright Act (1998), and may terminate the network access of users who are found to repeatedly infringe the copyright of others, and may take such other disciplinary measures as it deems appropriate. The University is currently in the process of developing and publishing its own policies and procedures for dealing with alleged incidents of copyright infringement and will widely distribute and publicize these upon completion. In the meantime, we encourage all members of our community to become familiar with the laws pertaining to the use of digital material (U.S.
Copyright Office) and to comply with federal law regarding use of copyrighted materials.
John D. Coombe
Vice Chancellor
Intellectual Property and Events
Kenneth R. Stafford
Vice Chancellor
University Technology Services
Paul H. Chan
University Counsel
Office of the University Counsel
For more information on this subject:
Vice Chancellor
for Intellectual Property and Events:
Daniel L. Ritchie
Sports and Wellness Center, Room 4227, Denver, CO 80208
Telephone: 303.871.3345 · FAX: 303.871.4638 · E-mail: mpatters@du.edu
Copyright © 2003 University of Denver, 2199 S.
University Blvd., Denver, Colorado 80208
(303) 871-2000 All rights reserved. · page last revised February
5, 2003.
|
