P2P and Filesharing: Rewarding or Risky?

lllegal file sharing is a hot topic on many college campuses across the country. File sharing and peer-to-peer (P2P) networks may seem like an easy way to get some free music or movies but that method carries a big risk when used to share and distribute files that are copyright-protected. Such use can result in civil or criminal liability for violation of copyright law.

In 2007, several Iowa State students learned this concept the expensive way when they made settlements with the recording industry in order to avoid a copyright infringement lawsuit. The settlements started at $3,000, and those who didn''t settle stand to pay an even greater amount of money in court costs and legal fines.

Besides the risk of being prosecuted or sued, file sharing often is coupled with other hazards for you (such as identity theft) and your computer (viruses, spyware) plus you could lose your Internet access through the university network.

Our advice: Don't engage in the illegal sharing of copyrighted music, movies, TV shows, video games, or software. Those "free" files can end up costing you a lot.

To learn more, view the Talk About IT video on "Illegal File Sharing" in which three experts explain illegal file sharing as it relates to the Iowa State University community.

We offer some other information and brief tips here. However, this topic is much more extensive than can be covered in a page or two, so we've provided a list of some other online resources at the end of this article.

Revealing Yourself to the World

If you agreed to let a P2P network use your computer (with or without your knowledge), every other user around the world has the ability to access your hard drive. Once installed on your computer, P2P filesharing applications can reveal more about you than you had intended sharing.

Some P2P applications contain spyware. In addition to that "free" song, you could be providing someone the information they need to "become you" through identity theft. Proud to be you? Then keep your identity safe.

Trojans, Anyone?

Some users have unknowingly installed trojan software on their computers by downloading files masquerading as digital music or movie files via P2P filesharing. This program can then allow others to control your computer remotely and to record keystrokes, passwords, and other personal information. Or, in a less scary scenario, your computer could be infected by a virus. Whoa…less scary? Maybe not.

What's the Law?

The Digital Millennium Copyright Act (DMCA), the No Electronic Theft Law (NET Act), and other federal laws make copyright infringement both a criminal offense and provide for civil penalties. If you do not have legal permission, but copy or make available for distribution copyrighted material, you can be prosecuted in criminal court and/or sued for damages in civil court. Criminal penalties for first-time offenders can be as high as five years in prison and $250,000 in fines. Civil penalties can run into many thousands of dollars in damages and legal fees.

You Are Not Anonymous

When a DMCA complaint is received by the university, the registered user of the machine connected to the identified Internet address (IP#) at the time of the observed incident is determined. If the machine is registered to you, you will be contacted and you'll have some explaining to do.

Iowa State's Responsibility

Many universities, including Iowa State, continually receive DMCA complaints. During the 2006-2007 school year, Iowa State received more than 1,000 complaints from artist associations and production companies. This represents a significant increase of almost 5 times the number received during the previous school year.

When the university receives a DMCA complaint, it must take expeditious action to remove the infringing material. A subpoena requires the university to respond with the names and other identifying information of those who have used the university network to share files of copyrighted materials.

Your Responsibility

Many people are surprised to learn that they can be held responsible even if they didn't intend to distribute files. When you registered as a P2P software user, you probably agreed to let the network use your computer as a source of music, movie, etc. files. This makes you a potential illegal distributor, whether you meant to be or not. Ignorance is not an excuse that will stand up in court.

Besides the legal issues, using file sharing to distribute copyright-protected materials is against Iowa State University policy and, as such, you may be referred for disciplinary action. In addition, you could lose your access to the campus network and the Internet.

Stop and think a moment about how much you rely on having Internet access. The more that's worth to you, the more important it is that you keep your computer secure and protected.

More Information

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