Illegal File Sharing Information
Saint Xavier University respects the principle of protection for intellectual property and creativity as a vital element in the academic enterprise. The works of authors and publishers, performers and film makers, whether in printed or recorded form, are recognized as protected intellectual property under the Copyright Law of the United States (PL 94-553).
In August 2008, the Higher Education Opportunity Act (HEOA) was signed into law. Several of the Act's provisions are intended to reduce unauthorized duplication of copyrighted works through peer‐to‐peer (P2P) file sharing on campus networks. The University is providing you with this notice in compliance with that legislation.
Peer‐to‐Peer (P2P) file‐sharing applications, such as Limewire, KaZaA, EasyMule, BitTorrent, etc., enable users to share music, movies and other digital files with computers all over the world. While P2P software has many legal uses, more often than not, it is used for unauthorized sharing and downloading of copyrighted materials. Using file‐sharing software that downloads or uploads substantial parts of copyrighted work (e.g. music, videos, software, games, etc.) without the permission of the copyright holder is a violation of SXU's Appropriate Use of Technology policy and constitutes an infringement. Civil and criminal penalties for anyone found liable for copyright infringement include the following:
- Actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed.
- Up to $150,000 per work infringed for "willful" infringement in addition to potential costs and attorneys' fees.
For details, see Title 17, United States Code, Section 504, 505
The University periodically receives copyright infringement notices from the Recording Industry Association of America (RIAA) and other copyright holders. The HEOA legislation requires institutions to proactively address infringing activity. Accordingly, all known P2P file sharing is blocked on the SXU network. The two best ways to ensure compliance with SXU policy and the law are:
- Do not install P2P file‐sharing software on your computer – by default, P2P applications will search for and share content on your computer with others. P2P applications usually run as soon as you turn on your computer and continue to run in the background. Even if you disable uploading, copyrighted content in a "shared" folder can be seen by others using the same P2P network and many P2P programs may reset preferences to resume uploading. The Recording Industry Association of America (RIAA) and other content owners use the same P2P software that file sharers do! Their intent is to catch file sharers sharing their protected content with others. If you're running a P2P program, chances are that the RIAA is running the same software. In fact, the person downloading a song from you may be working for the RIAA and may be compiling evidence against you. It has happened to thousands of P2P users, and it can happen to you.
- Do not use the SXU network for illegal file sharing – content owners such as the recording industry, movie studios, and gaming companies specifically target illegal file sharing on university networks.