1. Introduction.

The Digital Millennium Copyright Act amends federal copyright law to provide liability protection for internet providers (ISP), including UA-Monticello, when their systems or networks carry materials that violate copyright law. To qualify for liability protection, the university is required to have a policy under which users will be contacted and informed to terminate illegal activities and that internet access of users will be terminated if they repeatedly commit copyright infringement.

2. What is DMCA.

DMCA stands for Digital Millennium Copyright Act. Passed in 1998, the DMCA provides "limitations for service provider liability relating to material online" and specifically contains a section that stipulates a university's responsibilities as an ISP. In other words, the DMCA tells UA-Monticello what it can and cannot do with respect to facilitating the transfer of files. The University as a service provider can give its users the connections they need to transfer files (file-sharing), but if any illegal activity is detected, the University must guarantee that the transfers have ceased. The DMCA holds the University liable if illegal file transfers persist but limits the University's liability if it cooperates fully with the law.

3. What is a DMCA complaint?

The DMCA provides a mechanism for copyright owners or their agents to complain to Internet Service Providers (ISP) about illegal file-sharing that is happening on the ISP's network. The ISP-- UA-Monticello-- is then obligated to respond to this "DMCA Complaint."

Copyright owners often hire other companies, such as MediaForce, to log in to KaZaA or Limewire in order to find the IP addresses of computers sharing specific illegal files. Once an IP address has been logged, the ISP can be tracked down and notified that the computer is sharing an illegal file.

4. What is File-Sharing.

File sharing is the practice of making files available for other users to download over the Internet and smaller networks. Usually file sharing follows the peer-to-peer (P2P) model, where the files are stored on and served by personal computers of the users. Most people who engage in file sharing are also downloading files that other users share. Sometimes these two activities are linked together. P2P File sharing is distinct from file trading in that downloading files from a P2P network does not require uploading, although some networks either provide incentives for uploading such as credits or force the sharing of files being currently downloaded.

5. P2P Programs.

The following list contains some of the more recognizable P2P networks.

-Ares
-BearShare
-BitTorrent
-eDonkey
-Kazaa
-LimeWire
-WinMX

6. What's the problem?

Most P2P usage (which comprises a significant fraction of all file-sharing) is against the law because it involves the sharing of copyrighted materials without permission from the copyright owner, usually music (MP3) or movie files, but also TV programs, books and images.

The controversy over file-sharing and copyright has been flaring since the appearance of Napster in 1999, but more recently, the Recording Industry Association of America (RIAA) has undertaken a campaign of suing people for downloading or uploading copyrighted material without permission. In January of 2004, Stanford University received a courtesy copy of a "JOHN DOE" lawsuit naming an unidentified Stanford network user as having unlawfully uploaded and/or downloaded ELEVEN songs. Because the RIAA's enforcement efforts regarding file-sharing have focused on them, students and the universities that provide their Internet connections have high stakes in the debate.

7. Risks.

Some file sharing software comes bundled with malware such as spyware or adware. Sometimes this malware remains installed on the system even if the original file sharing software is removed, and can be very difficult to eliminate. In many cases such malware can interfere with the correct operation of web browsers, anti-virus software, anti-spyware and software firewalls, and can cause degraded performance on affected systems. Such malware is typically bundled with proprietary software, and not those in open source.

8. Can I get music safely and legally?

MP3s can be legally obtained through online subscription services or from sites officially permitted by the copyright holders to offer certain MP3 downloads.

-http://www.apple.com/itunes/

-http://www.musicmatch.com/

-http://www.napster.com/choose/index.html

-http://www.real.com/rhapsody

9. Important sites to visit for more information.

http://www.campusdownloading.com

http://www.riaa.com/issues/piracy

http://mpaa.org/piracy.asp

http://www.bsa.org/usa/antipiracy/

http://www.copyright.gov/onlinesp/