Information Technology Services - SUNY Cobleskill

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Knowledge Base:  last modified: 5 November 2003

Peer-to-Peer File-Sharing and the
Digital Millennium Copyright Act


What is Peer-to-Peer File-Sharing?

Peer-to-Peer (P2P) file-sharing is the automated sharing of computer files on a network among two or more computers.  In P2P file-sharing each participating computer can both send and receive files as part of the file-sharing process; each computer is a “peer” in the file-sharing activities.  A software program, which generally runs unattended on each peer computer, is used to automate the file-sharing process.  Examples of such software include Blubster, KaZaA, iMesh, Morpheus, Gnutella, and Limewire.

What is the Digital Millennium Copyright Act?

The Digital Millennium Copyright Act (DMCA), enacted in 1998, is an extensive reform of copyright laws, taking into account the Internet and the new Digital Age.

Its intention is to cover the legality of distributing material online, determine the responsibility and liability of everyone involved, including users and service providers, and define procedures for enforcing its policies.

Why it is Illegal to Share Copyrighted Material

Sharing copyrighted material online is a violation of the DMCA, therefore such sharing is an illegal activity.

Purchasing movies and music is like purchasing a license to use that work. That is, if you buy a CD, you are buying the right to listen to that CD, but not the rights to the actual music on it, which includes sale and distribution. Those rights are held by the copyright owner. Any sale or distribution by anyone other than the copyright owner is a felony crime.

Therefore, distributing copyrighted material online using file-sharing software is a violation of copyright law, unless you hold the copyright to the works you are distributing.  Also, if you obtain copyright-protected material online without the permission of the copyright holder, you are committing an act of theft that is tantamount to shoplifting.

What is and isn't allowed?

SUNY Cobleskill residence network users are prohibited from using file-sharing software to distribute or obtain copyrighted material. There are a number of reasons for this. First and foremost, it is a violation of the aforementioned copyright laws. Secondly, it uses up valuable network bandwidth that students are entitled to. When someone who lives off-campus downloads an MP3 or movie off of your computer, they must first enter Cobleskill’s residence network through the campus’s Internet connection before they can get the file from your computer.  Our Internet connection has a limited capacity for traffic, and bringing off-campus users through it only slows it down for our students.  Similarly, P2P file-sharing among computers on campus will degrade on-campus network performance.