University of Virginia
Department of Information Technology and Communication


Update on Peer-to-Peer File Sharing and Copyright

[Questions to abuse@virginia.edu]

Information Last Updated

October 15, 2002

Affects

All faculty, staff and students of the University

Subject/Purpose

Provides updated information about peer-to-peer file sharing and copyright

Latest Update

The University receives many notices from organizations such as the Motion Picture Association of America (MPAA,) apparently acting as agents for music, movie, gaming software and other media companies, alleging copyright violations by users of the University's computing systems and networks (for more on copyright, see http://www.itc.virginia.edu/policy/copyright.html). Here is a sample of an MPAA notification:


MOTION PICTURE ASSOCIATION OF AMERICA, INC
15503 VENTURA BOULEVARD
ENCINO, CALIFORNIA 91436

UNITED STATES
Anti-Piracy Operations
PHONE: (818) 728 - 8127
Email: MPAA@copyright.org <mailto:MPAA@copyright.org>

RE: Unauthorized Distribution of Copyrighted Motion Pictures
Site/URL: gnutella: xxxxxxxxxxxxxx [with IP address: xxxxxxxx] Reference#: xxxxxxx
Date of Infringement: mm/dd/yyyy hh:mm:ss AM GMT [TECHNICAL INFORMATION DELETED]

The Motion Picture Association of America (MPAA) represents the following motion picture production and distribution companies:

Columbia Pictures Industries, Inc.
Disney Enterprises, Inc.
Metro-Goldwyn-Mayer Studios Inc.
Paramount Pictures Corporation
TriStar Pictures, Inc.
Twentieth Century Fox Film Corporation
United Artists Pictures, Inc.
United Artists Corporation
Universal City Studios, Inc.
Warner Bros., a Division of Time Warner Entertainment Company, L.P.

We have received information that an individual has utilized the above referenced IP address at the noted date and time to offer downloads of copyrighted motion picture(s) through a "peer-to-peer" service, including such title(s) as:

[DETAILS DELETED]

The distribution of unauthorized copies of copyrighted motion pictures constitutes copyright infringement under the Copyright Act, Title 17 United States Code Section 106(3). This conduct may also violate the laws of other countries, international law, and/or treaty obligations.

Since you own this IP address, we request that you immediately do the following:

1. Disable access to the individual who has engaged in the conduct described above, and;
2. Take appropriate action against the account holder under your Abuse Policy/Terms of Service Agreement.

On behalf of the respective owners of the exclusive rights to the copyrighted material at issue in this notice, we hereby state, pursuant to the Digital Millennium Copyright Act, Title 17 United States Code Section 512, that we have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, their respective agents, or the law.

Also pursuant to the Digital Millennium Copyright Act, we hereby state, under penalty of perjury, under the laws of the State of California and under the laws of the United States, that the information in this notification is accurate and that we are authorized to act on behalf of the owners of the exclusive rights being infringed as set forth in this notification.

Please contact us at the above listed address or by replying to this email should you have any questions. Kindly include the above noted Reference # in the subject line of all email correspondence.

We thank you for your cooperation in this matter. Your prompt response is requested.

Respectfully,

Thomas Temple
Director
Worldwide Internet Enforcement


From information such as that supplied by MPAA, the University of Virginia "abuse" team often is able to identify the account of a University student, faculty member or staff member apparently associated with the incident. The account holder is notified of the allegation by an appropriate University official as in this example (the example presented here is an e-mail sent by the Office of the Dean of Students to a student):

Dear [student, faculty or staff member]:

The Motion Picture Association of America (MPAA) has notified ITC in its capacity as the managing authority of the University of Virginia's computer networks that your computing account is involved in making available computer files of recorded performances in a way not authorized by the copyright owner, its agent, or the law.

Here is the technical information MPAA sent to us.

[technical log entry information included here]

The University's log files indicate that your account was in use from that IP address at the time specified. Please note, MPAA has not requested, and the University has not furnished, information specifically linking you to this incident. But if MPAA requests such information by court order, the University would be required to provide it.

As a student at the University, you have the responsibility to ensure that you are in compliance with the law in this activity and any others while you are here. Failure to do so may expose you to legal consequences from actions initiated by copyright owners and their agents.

We strongly recommend that, in addition to desisting from the activity about which MPAA has complained, you review the University's policy related to compliance with copyright: http://www.itc.virginia.edu/policy/copyright.html

Please review that material as well as your own activity. If you have any further questions, please feel free to contact me or the Technology Abuse Team (abuse@virginia.edu).

Office of Student Affairs


Final notes:

1. For detailed instructions on how to disable file sharing, please see http://security.uchicago.edu/peer-to-peer/no_fileshare.shtml

2. It is important for you to understand that many peer-to-peer file sharing applications also download and install with other -- often invisible -- programs that reveal information about you, your computer, and your networking activities to third parties.

3. Some institutions have taken specific action to limit peer-to-peer file sharing by members of their communities because of adverse effects on their networks. The particular design of networks at the University means that some of the most severe steps are not necessary here. For a better understanding of how the University manages bandwidth in the residence-hall environment, please see http://www.itc.virginia.edu/netsys/faq/dormnetworks.html.