copyright

COPYRIGHT INFRINGEMENTS AND PEER-TO-PEER (“P2P”) FILE SHARING POLICYThe issue of P2P file sharing is receiving increasing attention in the U.S. and around the world. P2P file sharing is not itself illegal. However, it is often used for unauthorized downloading and uploading of copyright-protected material such as music, movies, video games, computer software and photographs, which activities can trigger civil and criminal liabilities. Several courts have determined that substantial P2P file sharing of copyright protected works generally does not fall within the fair use defense. P2P applications are also considered a significant security risk because they use direct communications between computers (or “peers”) to share or transfer data. They require client software to be installed and, by so doing, expose the network to a number of risks.Security flaws in P2P applications may provide attackers with ways to crash computers, access confidential information, or infect the entire network. In addition, P2P applications can consume large amounts of bandwidth that are reserved for academic and administrative purposes and are, therefore, considered network abuse.For these reasons, the unauthorized distribution of copyrighted material, including peer-to-peer (P2P) file sharing, is prohibited on the campus network at Guy’s Academy.(“P2P” CONTINUED)Fire walls have been established, and will be maintained, that block the ports by which P2P information travels. Through this method of technical enforcement, Guy’s Academy strives to preserve the integrity of our network at all times.Furthermore, any computer running P2P software will be blocked from campus network access until the software has been removed from the computer. A Systems Administrator must verify removal of the P2P software before network access is restored.Any student found using campus computers or the campus network to illegally download and/or upload copyright-protected material is in violation of this policy and is subject to disciplinary actions up to and including dismissal from school. Students may also be subject to civil and criminal liabilities.Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws:Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.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 in its discretion, also assess costs and attorney’s fees. For details, see Title 17, United States Code, 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 222.copyright.gov, especially their FAQ’s at www.copyright.gov/help/faq