Important Information about Using the Cornell Network to File-Share and Download Music, Games and Videos
In July of this year, a 29-year-old computer technician entered a federal penitentiary in Allenwood, Pennsylvania to begin serving a 46-month term for the illegal distribution of millions of dollars worth of copyrighted software, games and movies on the Internet. The alleged "ringleader" of an Internet group known as "DrinkorDie," he is among the more than one hundred people arrested last December for violation of federal copyright laws on the Internet, and among the 15 who have already pleaded guilty. One of those fifteen was a student at Duke University.
The distribution of copyrighted materials over the Internet for which the distributor (any server — including your computer) does not have permission can be violation of federal criminal law, a law called the Digital Millennium Copyright Act of 1998 ("DMCA"). Most of the music, games or videos downloaded through file-sharing programs like Morpheus or KaZaa lack permission of the copyright owner. Moreover, those very programs that enable you or that you use to download programs automatically open file-sharing services from your computer. Thus, without your knowing it explicitly, by downloading the program and the files, your computer is programmed to share it back out into the international Internet community. You are then therefore liable to be in violation of the DMCA, even if all you did was download a single song. Each criminal offense carries with it a minimum fine of $30,000 and a potential jail sentence.
For the average student who is downloading and serving copyrighted files without permission of the owner on the Internet the odds that they will be identified, arrested and sent to federal prison are probably quite small. The individual mentioned above had focused tremendous resources in a coordinated effort to serve copyrighted materials. The recreational downloading of copyrighted materials is not without its consequences, however. It is a violation of both federal law and university policy. And it is a law enforced not only by federal investigators, but also by the owners of copyrighted materials. Moreover, there is some smaller number of students who do intentionally engage in this volume of activity on the Cornell network; they should know that they are at a greater risk for federal prosecution of copyright violations.
Last year, for example, Cornell University received over sixty notices of copyright infringement under the DMCA. These notices come from software or entertainment industries that focus their Internet scans on university or college networks for specific games, songs or videos, usually the most currently popular. They focus on colleges and universities because the DMCA makes Internet service providers liable for contributory copyright violations if they do not remove infringing material when they have notice of it and because college campuses are hotbeds of file sharing activity. Thus, for the many students who ask, "I download lots of stuff on my home computer and I never got a violation, so why did I get one here?" there is your answer.
In order to alleviate its potential liability, Cornell University must respond to these notices expeditiously. The student usually finds out about it when they receive a standard notice form from the university’s designated DMCA agent informing them that a copyright holder has sent the university a notice of infringement identifying their ResNet IP address. The Office of Judicial Administration simultaneously receives a copy of that notice, and the student is requested to confirm a cease and desist action to the copyright agent and to make an appointment with the JA for discipline. If the student ignores the request, then the DMCA agent instructs the network operations center to block their IP address, which effectively blocks their Internet connection. Last year the JA meted out many hours of community service, and a number of unsuspecting students (notwithstanding notices like this one and lots of press, education and publications on this topic throughout the year) found themselves with disciplinary letters in their academic files.
What can you do about it? Simple, don’t download copyrighted material for which you do not have the owner’s permission. Moreover, if you have file-sharing programs on your computer, set the program such that it no longer serves materials out from your computer. It is a good idea to curtail serving files out for another reason as well. File serving consumes a lot of bandwidth. Network operators with responsibilities to maintain a safe and functional network will check and regulate for excessive volumes (they do not monitor content), and there are protocols for excessive use as well. Finally, if you don’t like or disagree with the law, learn more about and take a stand on it in the arena of national politics. With implications for free speech and academic inquiry, it might just become the political issue of your generation.
Tracy Mitrano
DMCA Agent for Cornell University
Policy Advisor
Office of Information Technologies
E-mail it-policies@cornell.edu