Below we have compiled a list of frequently asked questions about online piracy, copyright infringement, and legal alternatives to illegal file sharing:

What is online piracy?
Simply put, online piracy is the uploading, downloading, or swapping/sharing of copyrighted files without the copyright holder’s permission. These files may be songs, movies, television shows, videos, or any other type of digital material. Those who are caught engaging in online piracy can be charged with and possibly convicted of copyright infringement, a felony.

What is file sharing?
File sharing is the act of uploading files to the Internet or smaller networks so that they can be downloaded and played. File sharing depends on the use of file sharing programs, which are not in and of themselves illegal; however, using file sharing programs to bypass legal acquisition of and access to copyrighted materials is illegal. If copyright owners do not make their music or movies available to you for free downloading as part of a promotion, for example, or do not give you explicit permission to copy, distribute, and use their copyrighted music or movies and/or you do not buy or pay a fee to download, copy, distribute, and use the music or movie, chances are good that you’re breaking the law. In fact, it’s not much different than stealing a CD or DVD from a store.

Refer to the Project NEThics fact sheet on file sharing for more information.

What is a peer-to-peer (P2P) network?
The United States Copyright Office defines peer-to-peer networks as networks where computers are linked to one another directly rather than through a central server. Such networks allow users to exchange files with one another directly via the Internet – without the need for a mediating server.

Too often, peer-to-peer networks (such as DC++) are abused, especially when it comes to swapping copyrighted material (like songs and films) for free. When tempted to use one of these networks to swap files for free, recall the old adage “If it seems too good to be true, it probably is.” In other words, if the music’s free, there’s a strong chance it is illegal to download it and share it with others. Visit www.nethics.umd.edu for more information about P2P networks.

Is file sharing ever legal?
If you hold the copyright for a particular file, it is your right to share that file how you see fit. For example, if you write and/or produce an original song and choose to make it available to anyone for free over the Internet, it is perfectly legal for you to do so. However, when you distribute copyrighted works of others who have not given you permission to reproduce, download, and distribute their works that’s copyright infringement.

How can I uninstall P2P file sharing software on my computer?
Project NEThics refers students to a University of Chicago Web site that explains how to disable file sharing in popular programs: http://security.uchicago.edu/guidelines/peer-to-peer.

Is it illegal to download music?
No, it’s not illegal to download music (or television shows, movies, software programs, or video games, for that matter) – as long as you have been given permission to do so by the copyright holder. One easy way to obtain permission is to use a legal downloading service, such as Ruckus or iTunes. However, if you acquire your music through a peer-to-peer (P2P) file sharing network that offers “free” music (such as DC++), you could be putting yourself at serious risk. Your best bet is to steer clear of sites that allow you to swap songs, television shows, video games, or films with your friends or peers for free. Stealing is unethical as well as illegal, and a felony conviction isn’t what you are in college to earn.

Project NEThics here at the university also offers extensive and detailed information about copyright infringement. Read its fact sheet about file sharing.

Does the university offer free access to any legal music downloading services?
Currently, no. However, there are numerous inexpensive options for downloading legal content online. Refer to Project NEThics’ Legal Music Service Options fact sheet for an extensive list of legal digital media entertainment services.

If I can burn copies of my friend’s CDs for free, why can’t I download their music for free using a peer-to-peer file sharing service?
Actually, it is illegal for you to burn a copy of a friend’s CD, according to copyright law, although many people wrongfully invoke the Copyright Act's Fair Use provisions to excuse their stealing. It appears that the only person your friend can copy a CD for is himself – and even then, he is only allowed to make one copy for personal use. Burning extra copies to sell or even to give to friends as gifts is illegal and is no different than sharing music files online. The same is true of DVDs. Again, sharing copyrighted material without paying for it and without receiving permission from the copyright holder is unlawful.

Would sharing materials that I’ve purchased be considered a fair use under the Fair Use Doctrine?
No, most likely, it wouldn’t. The copyright law that defines Fair Use says that

“the fair use of a copyrighted work…for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”

Uploading and downloading materials to increase your personal multi-media library or for other non-academic uses does not fall under the protection of Fair Use.

How do I know if a song is copyrighted?
As soon as a creative work is written down or put into some tangible form – whether it is a poem, a story, a computer file, or, in this case, a song – it is considered copyrighted and the property of whoever created it, according U.S. copyright law. This is still true even if the author has not sold the work to a distributor. A good rule of thumb is to never download a song without paying for it unless it is offered as a promotion through a reputable vendor on an official site. The same is true of television shows and movies. Visit www.copyright.gov for more information.

What kind of punishment will I face if I am convicted of online piracy/copyright infringement?
According to the U.S. Copyright Office, you could be fined between $750 and $150,000 for each instance of copyright infringement you’re convicted of. The Motion Picture Association of America (MPAA) says that you could be slapped with $250,000 in fines per film or television episode you steal and up to five years in jail.

Often, those who are accused of copyright infringement via illegal file sharing are offered the opportunity to settle their cases before official lawsuits are filed. Students here at Maryland who have settled with the RIAA have told Project NEThics that they had to pay between $3,000 and $4,000.

What kind of university disciplinary actions could I face if I'm caught participating in online piracy?
A student who is the subject of Digital Millenium Copyright Act complaint for the first time is warned of his or her conduct violation via e-mail by the staff of Project NEThics.

It is the policy of Project NEThics to refer repeat offenses to the Department of Resident Life Office of Rights and Responsibilities or the Office of Student Conduct to be adjudicated through the university's judicial process.

For students in university housing, The Department of Resident Life Community Handbook makes clear that "once you activate a data jack in your room you are responsible for all activity on your data jack." This means that if online piracy is associated with your data jack, you will be held responsible.

Sanctions for violations of disciplinary regulations that may be imposed as a result of a judicial process include (see the Code of Student Conduct): disciplinary reprimand, disciplinary probationary periods, and dismissal from university housing. Other sanctions, like loss of network connectivity, work, or research projects may also be imposed.

With so many students on campus, how can I get caught if I illegally upload/download music?
Project NEThics handles all complaints regarding online piracy here at the University of Maryland. Every week, the unit receives as many as 50 complaints against students and other university network users. Copyright holders monitor peer-to-peer (P2P) sites such as BitTorrent, Gnutella, and eDonkey to find illegal sharing of their intellectual property. When they find it, they identify the IP address of the user providing the file or downloading the file and complain to those users’ Internet Service Providers (the University of Maryland, in our case). Penalties for repeated complaints can include loss of network access and removal from student housing. However, if you are investigated and charged by the FBI or other law enforcement agencies, you will probably fare much worse. For more information, please visit www.nethics.umd.edu.

Why did the university get rid of DC++?
We didn't "get rid of" DC++, but here is how we view it. DC++ is a peer-to-peer client used to join a Direct Connect file sharing network. The saying goes: Software doesn’t violate copyright, people do. Use of DC++ for legal purposes is not prohibited.

From time to time, a student will establish a Direct Connect hub within the university network in order to create an illegal file sharing community. Often such a hub will refuse to allow connections from outside the university (believing that this will protect the members from the agents of the copyright owners). The more members that a hub has, the more useful it becomes for its members. However, the more members that a hub has, the harder it is to keep it a secret. Eventually, the hub is mentioned on Web sites (Google search, for example), in the student newspaper, and even perhaps used by student interns from organizations in the entertainment industry. Complaints may be filed with Project NEThics.

The 2007-08 “Student Guidelines for Network Computer Use” state:

You MAY install and operate server software on your computer as long as the use of the software does not impact the use of the network by other students, is installed and operated securely, and conforms to the Policy on the Acceptable Use of Information Technology Resources. However, your computer MAY NOT be the source of persistent traffic to the network as the result of running such services (possible sources include: sharing files with a peer-to-peer network, operating a streaming web cam, operating a public FTP or IRC server). Additionally, your computer MAY NOT serve as a file sharing hub if it is facilitating the illegal sharing of copyrighted material.

Upon becoming aware of a hub’s existence, the Project NEThics staff will meet with a hub operator to discuss the policy issues and ramifications associated with permitting the hub to be used for illegal purposes. The operators of DC++ hubs will be offered an opportunity to demonstrate that their network usage conforms to the University of Maryland Policy on Acceptable Use of Information Technology Resources and the Student Guidelines for Network Computer Use. Should a specific operator’s network usage not be shown to be in conformance, that operator will be asked to bring the usage into compliance. Failure to do so will subject the operator to administrative action, including revocation of access to Internet resources through the university network system and/or referral to the Office of Student Conduct.

The university does, however, offer a safe, legal alternative: Ruckus. In addition, students can choose to use iTunes (www.itunes.com), Napster (www.napster.com), and a slew of other legal file downloading services.

Is anything else being done to curb illegal file sharing?
In October 2007, the university began blocking the use of two peer-to-peer (P2P) file sharing programs on its network -- Ares and LimeWire. Accelerating demands on bandwidth from educational commitments of greater priority was a factor in the decision. We could not continue to justify supporting P2P programs that are instrumental in the sharing of music and movies in violation of copyright law. In the competitive allocation of computing resources, the university may not responsibly support activity that places students in serious legal and financial jeopardy.

As a result of this change, complaints filed with Project NEThics by the Recording Industry Association of America under the provisions of the Digital Millennium Copyright Act have fallen considerably.

Why does the university care so much about what I do on my own private computer?
The university provides Internet access and network connections to students and other members of the university community, but in exchange, it expects them to comply with the terms of the Policy on the Acceptable Use of Information Technology Resources. According to the policy, it is a direct violation to conduct illegal activity – such as online piracy – while connected to the university network. Essentially, that means if you want to access the Internet using the campus network, you need to play by the university’s rules.

In addition, many members of the university community, faculty and students in particular, create their own original works, such as inventions, scholarly articles, music, and videos. As an institution of creativity and innovation, the university needs to respect the rights of all creators.

If I pay a subscription fee to a peer-to-peer site, am I protected from being accused of copyright infringement?
There are many Web sites deceptively offering paid subscription services for access to music tracks that are not legal. An individual can still be sued by the Recording Industry Association of America if a Web site falsely promotes the sale of its music as ‘legal’ when the music has not been obtained through legal means. File sharing programs are only legal when they pay licenses to copyright holders (like Ruckus and iTunes do) or when they are used to upload and download material that you have created and therefore own the copyright to.

The Center for Democracy and Technology (CDT) has compiled a list of Web sites that ‘sell’ access to music that is not legally obtained. Please be sure to review this list before giving money to any Web site offering ‘legal’ downloads.

LimeWire Pro is a service not listed in the CDT's list but about which Project NEThics has responded to inquiries. Customers have come away with the impression that a fee payment legitimizes their downloading. The fee, however, is only for a faster version of the software, or other software features (like speedier searches); it has nothing to do with protecting users from copyright liability.

What if I download music using a service that is positioned outside the United States?
If you illegally download music while in the United States, you can still be prosecuted, no matter where the server is located, including overseas, according to the U.S. Copyright Office.

How can I avoid being a target of a copyright infringement lawsuit for online piracy?
Don’t download or install the P2P programs that facilitate copyright infringement. If you do download music, movies, or other materials online, be sure it’s from a legal downloading service.

Will the university protect me if I am accused of/charged with copyright infringement?
While the university ensures that information about students is not released without appropriate court orders, the university is not able to offer you legal protection should you be accused of, charged with, or convicted of copyright infringement.

I’ve received a letter from the RIAA about a possible lawsuit. What now?
You should review the letter carefully and seek out legal advice to help you decide whether you’d like to follow the RIAA’s instructions on how to settle out of court, or if you’d like to risk going to court.

In such a situation, you may be able to get legal advice (but not legal representation) from the university’s student legal aid offices:

• Undergraduate Legal Aid
• Graduate Legal Aid

In addition, the Maryland State Bar Association (MSBA) has a lawyer referral service. You can contact the MSBA headquarters at 410.685.7878 or visit www.msba.org/public/referral.htm.

Where can I get more information?
For more information about the consequences of and alternatives to illegal uploading and downloading, please visit www.nethics.umd.edu or www.copyright.gov.