Peer-to-peer (P2P) file-sharing technology allows users to make files available for other users to download and use. File sharers store files on their computers and the file-sharing software enables other users to download the files onto their computers. Examples of P2P file sharing networks include BitTorrent, Gnutella, and LimeWire, among others.
P2P software is only actionable in both criminal and civil court if a court determines that it induces users to infringe copyright. Copyright may be infringed through the practice of copying and distributing protected work without permission of the owner. If you use P2P software to infringe copyright, you may receive notices of copyright infringement and or be subject to other legal action.
University Policy prohibits the use of the Cornell computer network to violate copyright law. Additionally, University policy forbids activity that threatens the security of the Cornell University network and computing environment. P2P software can undermine network security and expose your computer to threats, such as viruses, malware, password and identity theft, spyware, and other threats that can incapacitate computers.
University policy covering use of the Cornell network extends to any computers you connect to the Cornell network, whether at home or elsewhere off campus. If you’ve registered your wireless router using your NetID, any activity that occurs on the router can be tracked back to you. If you use VPN connections from home, your home network becomes visible as part of the Cornell network.
Using P2P file-sharing software that copies and distributes music, videos, software, games, or other copyrighted works without permission of the copyright holder is a violation of US copyright law. If you have P2P file-sharing applications installed on your computer, you may be sharing copyrighted works without even realizing it. Even if you do not intend to engage in infringing activity, installing P2P software on a computer can easily result in you unintentionally sharing files (copyrighted music or even sensitive documents) with other P2P users, and you may then be personally responsible for the legal and financial consequences.
Content owners, such as the recording industry, movie studios, and game and software companies, specifically target unauthorized file sharing on university networks. The Recording Industry Association of America (RIAA) has employed aggressive legal strategies to address unauthorized file sharing, such as forwarding the University “early settlement letters” for alleged infringers and filing infringement lawsuits. Since September 2003, the RIAA has filed suits against more than 20,000 individuals using P2P software worldwide, and Cornell students have been among those threatened with lawsuits.
Although since December 2008, the RIAA has stated publicly that it has suspended its early settlement process, there is no guarantee that it will not sue students again. Moreover, other content owners may develop their own legal strategies.
If you are unsure about the technical capabilities of a P2P program or its potential legal liabilities, contact the CIT HelpDesk.
