In an open letter to the university community, Provost William Destler and Vice President and Chief Information Officer Jeffrey Huskamp stress the seriousness of the risks of participating in copyright infringement through illegal file sharing. The text of the letter is included below.
____________________________

To all Students, Faculty and Staff:

We are writing to emphasize to you the increasing personal risks individuals face who engage in illegal file sharing. These personal risks involve not only the possibility of campus disciplinary or personnel action, but also the possibility of criminal prosecution and the initiation of civil litigation by copyright holders. Pursuit of legal actions by copyright holders continues to be an everyday reality: The Recording Industry Association of America (RIAA), which represents the recording industry, has filed thousands of civil actions since 2003 against individuals using peer-to-peer (P2P) file sharing applications, including, since our August letter, approximately 750 cases each month through February 2006. The average cost of settling those actions is $3,000. The university will not be able to protect or assist individual members of the university community if they are sued for illegal uses of P2P technology.

Although downloading and trading copyrighted music, movies, games and software over the Internet has become commonplace with the advent of file sharing programs such as BitTorrent, KaZaa and Direct Connect or DC++, those activities are frequently illegal. U.S. copyright law makes it illegal to reproduce and distribute copyrighted material without permission of the copyright owner except in limited circumstances. Violations may be punishable with civil and criminal penalties, including prison time and monetary damages. Copyright infringement via P2P file sharing networks, e-mail, instant messaging and other methods also violates the university’s “Policy on the Acceptable Use of Information Technology Resources” (www.umd.edu/aup) as well as federal law.

It would be unwise to rely on the myth that sharing of copyrighted materials is unlikely to be noticed. Copyright holders and their agents, including the RIAA, use automated methods to identify infringements. Even modest sharing may be detected. As a legal alternative, undergraduate and graduate students are encouraged to subscribe to the Ctrax music subscription service, offered for free through the spring 2007 semester through a special promotion from Cdigix. We expect to announce information on access for faculty/staff at discounted rates later this year. The service provides unlimited tethered downloading on up to three computers per student. More information about the program, including instructions on how to sign up, is available at www.oit.umd.edu/musicservice. Legal downloads are available from many other sources, including the popular iTunes Music Store.

In compliance with the Digital Millennium Copyright Act (DMCA), the University of Maryland expeditiously responds to complaints it receives of copyright infringement on the campus network by deleting or disabling access to materials or directing individual users to do so. In appropriate circumstances, incidents may be referred for disciplinary review and additional actions may be taken such as blocking Internet connectivity and terminating computer accounts.

It is important to emphasize that copyright-infringing activity not only violates federal law and university policy but also undermines the creation of intellectual property and the rights of persons who create original works. In a university environment where the fundamental purpose is the pursuit of and respect for the creation of knowledge, we expect community members to act in congruence with the mission. In keeping with the academic mission, legitimate uses of P2P file sharing software and networks will be preserved.

We also encourage you to consider the information security risk associated with the use of P2P file sharing applications. Computer virus infections increasingly have been associated with file sharing applications. Additionally, by default, many P2P programs allow users to search and share information residing on other users’ computers. We advise that you remove from your computer any P2P file sharing applications or materials associated with them that you do not have permission to possess or distribute. Contact your departmental computer support professionals or the Office of Information Technology Help Desk for faculty/staff, 301.405.1500, or the Office of Information Technology Student Help Desk 301.405.1400, if you require assistance with the removal; no penalties will be imposed.

Thank you for your consideration of this information.

Sincerely,

William Destler
Senior Vice President for Academic Affairs and Provost

Jeffrey C. Huskamp
Vice President and Chief Information Officer