Frequently Asked Questions on Peer-to-Peer File Sharing
What is peer-to-peer software?
Peer-to-peer (P2P) software is any file-sharing software (e.g., KaZaA, BitTorrent, Morpheus, Grokster, etc.) that allows users to both share content from their computers and to connect to other, similarly configured computers for the purpose of downloading content. While P2P software has many legal uses, it is often used for unauthorized sharing and downloading of copyrighted materials such as music, films, video games and software.
What is the DMCA?
The Digital Millennium Copyright Act (DMCA), enacted in 1998, makes it a crime to create, sell, or distribute software or other devices that can be used to illegally copy software. It also protects Internet Service Providers (ISPs) from liability for the transmission of infringing copyrighted materials if the ISP takes certain steps to notify the alleged infringer, and requires the ISPs to remove the infringing materials.
Full text of the DMCA [PDF]
How do I know if it's protected by copyright?
Unless you personally created a file, or you have received permission (in writing) from the copyright holder to distribute that file, it's probably protected by copyright and thus illegal to share. While copyright does not last forever, works published after January 1, 1978 are protected by copyright for the life of the author plus 70 years.
I bought it, why can't I share it?
Purchasing a work (e.g., a song or a movie) gives the purchaser the right to view, listen to, or play the work but does not allow for the distribution of that work. In short, if you "rip" your CDs to your computer, take steps to ensure that they are not being shared.
How can they see what I'm sharing?
Copyright holders have access to the same tools as you. P2P users can see the names of files, can access those files and find the IP address of the host sharing those files. This is all the information copyright holders need to serve notice to ISPs in violation.
If I only download songs, am I still at risk?
Yes. Unauthorized downloading of computer files containing a song, a movie, a software program, or a game -- even one song -- is against the law. Even if you only download music, movies or games, you are still putting yourself at risk if the file(s) are protected by copyright and the download is unauthorized.
Is MIT against P2P software?
No. MIT recognizes the many legal benefits of P2P software.
However, MIT is firmly against the unauthorized downloading and sharing of computer files.
Will MIT IS&T scan my computer for unauthorized files?
No. MIT has little interest in repeating what the copyright holders are already doing. MIT IT Security will monitor traffic patterns for the sole purpose of intrusion detection but does not "listen in" on network conversations. However, as detailed in the DMCA, MIT is required to take appropriate action when served a notice.
Are there other risks associated with P2P?
Aside from being sued or subpoenaed, using some P2P applications will put you at risk of downloading files that contain viruses and trojans and exposing your personal files to the outside world. Also, many free P2P applications have been known to contain spyware and adware.
You shouldn't trust the name of a file on a stranger's computer, or download an application from an untrustworthy source.
How can I legally download music?
There are many online services that allow for legal downloading of music. Some examples are iTunes, Napster, Rhapsody, plus many independent distributors. MIT does not recommend or endorse any one of these services over another.
What if someone else uses my machine to download copyrighted materials?
You are responsible for your computer and all activity that takes place on it. Be wary when lending your computer to others. You should also take necessary steps to ensure your operating system has the latest updates, patches, and virus software to best protect it from unwanted intruders.
These questions and answers also appear in the FAQ About Peer-to-Peer File Sharing Brochure [PDF].
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