The purpose of this Web page is to emphasize to you, as a University of Maryland faculty or staff member, the increasing personal risks to individuals who engage in illegal file sharing and to provide you with relevant information about this issue.

Most university faculty and staff members use the university’s information technology resources responsibly. However, some university employees use these resources to obtain and share copyrighted material such as songs, movies, and television programs without the permission of the copyright holder. Such activity is illegal and a violation of the university’s Policy on the Acceptable Use of Information Technology Resources.

Possible Consequences of Online Piracy
Employees using programs such as BitTorrent and Gnutella for illegal downloading are not only putting their employment at risk, but also are increasingly at risk of becoming a party in a lawsuit. (The university started restricting the use of two peer-to-peer file sharing programs on its network – Ares and LimeWire – as of October 8, 2007. See the open letter to the university community for more information.)

During 2007, the Recording Industry Association of America (RIAA) initiated 38 separate legal actions against users of the University of Maryland campus network found to be sharing music illegally. Some of these individuals were not even aware that by using peer-to-peer programs to obtain music, they were simultaneously sharing those songs with strangers on the Internet. In each of the cases reported, the RIAA discovered that these users were distributing (knowingly or unknowingly) dozens, hundreds, or even thousands of songs with strangers across the Internet.

Those university community members are now facing costly settlement negotiations with the RIAA or a possible date in court with fines starting at $750 for each shared song. Some have already settled out of court for $3,000-4,000. By the end of 2007, the university had received subpoenas requesting additional information on 18 individuals that did not choose to settle. If these individuals do not accept future (likely higher) settlement offers, lawsuits may follow. A recent Minnesota court ruling in favor of the RIAA for $222,000 for illegal file sharing is a prime example of what could happen in those cases.

If a university employee finds himself or herself in such a predicament, it would be the staff member’s sole responsibility to resolve the legal issue. The university will not be able to protect or assist individual members of the university community if they are sued for illegal uses of peer-to-peer technology.

While thus far not resorting to lawsuits, the television and movie industries also regularly report suspected copyright infringement by members of the university community under the Digital Millennium Copyright Act. If an employee is the subject of such a notice, their illegal use of the network will be brought to the attention of their department.

While the university’s Policy on the Acceptable Use of Information Technology Resources recommends using university IT resources only for university business, individual units may also have their own more specific policies. Be familiar with the rules governing your use of the university’s computers and data network.

Alternatives
Please avoid the risk of employment penalties and possible legal troubles – always download legally, using services such as iTunes or Ruckus, both of which are available to members of the university community (www.oit.umd.edu/musicservice), or employing other legal means. Feel free to contact OIT’s Project NEThics with any questions.

Additional Resources
In addition to the resources on the PlayFair site, which you can access from the menu on the upper right of this page, you can find out more about the issues surrounding university employee online piracy in the following places:

• Fall 2007 ITforUM Newsletter for University of Maryland Employees
• Illegal File Sharing Can Be Harmful to Your Financial Health
• Online Piracy is More Than Just Child's Play