USC To Students: No Sharing Files 435
jukal writes: "copy-paste from a Wired article: 'Students at the University of Southern California could face a school year without computer access if they are busted swapping movies and music online. In an e-mail message to all students, school officials warned that using peer-to-peer file-trading services could force the university to kick students off the network. '"
Even if it's MY Music? (Score:3, Insightful)
Re:Even if it's MY Music? (Score:4, Insightful)
Amazing, but that's how it'll work in the "real world" too, someday!
Re:Even if it's MY Music? (Score:4, Insightful)
That said, the campus also has a right to impose restrictions upon its tenants and contractees. However, we should have the right to refuse those terms. If they are going to change our contrat in the middle of the game, I should be able to declare it void and demand a refund of my payments. Otherwise, it is unfair.
Re:Even if it's MY Music? (Score:3, Informative)
Unfortunately, your contract with the University (as far as tuition goes and so forth) is on a semester-by-semester basis. So the most you could do is withdraw from the university and get a refund of your tuition for that semester (subject to any refund fees specified in the contract).
Re:Even if it's MY Music? (Score:2, Insightful)
ESPECIALLY if it's your music! (Score:2)
The administration assumes that if you are using PSP you are making illegal copies. Very few people record their own music. So few people do this that it's not worth taking into consideration. If you are using P2P, they will assume that you're guilty of copyright violations, and it will be up to you to prove yourself innocent.
Also, it has been pointed out that you're at a school that gets a lot of money from the movie and recording industries. If you are allowed to distribute your own music without first signing it over to a recording company, you will shoot down the whole reason that those companies exist.
This is what it's all about, dummy. The Internet is providing artists like you with a new channel to your audience. That channel isn't under the control of the recording industry. You don't have to sign over the rights to your music to distribute it on the Internet. This is one of the things that the RIAA is trying to stop. They've realized that if they don't stop it, they'll be out of business.
This is all documented well enough in other places, including previous
Re:Even if it's MY Music? (Score:4, Informative)
Almost true. I served as a Resident Assistant for two years, and in that time, our lawyers had cause to investigate this.
Basically, you have 4th amendment rights only as far as criminal prosecution is concerned. That means that our campus police, deputized by the town police, cannot search your room without a warrant.
However, being kicked out or otherwise sanctioned by the University is not a criminal procedure, only contractual actions. So that means a Resident Assistant or Hall Director could search your room, and the University could hold it against you in it's own internal sanction process.
That being said, U of New Hampshire's policy is to behave in a manner that offers 4th-amendment-like protections from all University staff, cause they don't want to be seen as the Gestopo.
Re:Even if it's MY Music? (Score:3, Informative)
Re:Even if it's MY Music? (Score:4, Informative)
Can he create his own mp3's? Absolutely!
Can he share them to the world? No.
According to the "home recording act of 1992", fair use rights dictate that a user can create as many backups as he/she wants. But the lines at the university our not his and tax dollars should not be used to steal copyrighed works.
The reason I agree with this is because students need these lines for real legitimate work. Go read further down the comments from this story and read the one from a UK student. The guy has high speed ethernet, yet he can not get above 5k a sec! Kaza is everyhwere! I am glad I do not go to that school and own any fire arms. Its just not fair that a student can not download the latest debian distro or recieve large email files from other students working on a critical project due in only days, so Tommy could download obscure porn 24/7. ALso many researchers work at the university and need the connections to the web at full speed. Throdding down the the packets from the dormitory is not the answer either but sadly is becomming popular. The pirates will continue and the students will suffer even more if the dorms are throttled down.
If you want to share fine. Just do not do it on legitimate public access lines funded by the tax payers. If I was at a university with a very crippled internet connection due to piracy, you bet I would make a similiar case to the dean and head of IT and recommend USC's approach. That they should ban or restric piraters. You can mod me down if you like but I really love my gentoo linux box and my needs should be more important then someone who is doing something that is illegal. Gentoo would be unusable at anything under 20k a second.
Re:Even if it's MY Music? (Score:2, Informative)
>Can he create his own mp3's? Absolutely!
Both Agreed.
>Can he share them to the world? No.
YES. If he makes the music himself (as in he is a musician, and at a university, one can expect some music courses) then he has complete distribution rights over it, unless he signs to a record company.
>The guy has high speed ethernet, yet he can not get above 5k a sec!
Incompetent administration is not an excuse to remove the basic rights of an individual. The answer to this is so simple, even me, an at-home armchair linux user can fix it. Here's some help [fibrespeed.net] for them, for free.
If the admins there were worth the money they were being paid this wouldn't be a problem. There's many, many, many solutions to this. Here's a list of them:
- Leaky bucket algorithm, similar to that used by DirecPC (annoying, but doesn't make Kazaa a showstopper).
- Hard download/upload limit (a showstopper for heavy Kazaa users, a non-problem for regular users).
- Pay-by-the-byte service. Offer enough transfer to allow a student to complete the course (lets say 2 GB). Anything after that is charged. (everyone is happy). If lots of people "abuse" the University service, enough money is paid into the "kitty" to increase the bandwidth, and everything is peachy.
>down the the packets from the dormitory is not the answer either but sadly is becomming popular.
One of my options suggests that, but the rest don't. And none of them are beyond the expertise of a regular administrator.
>That they should ban or restric piraters.
Agreed with the restriction part, but it should be either a monetary restriction, or a speed restriction. Anything else is controlling what the students can/can't do with the network directly, and could leave the University culpable for their offenses. [You'd be very surprised with how strange the law can get in these situations -- and remember, at a university you have law students].
>Gentoo would be unusable at anything under 20k a second.
I live in Canada, and like many Canadians, proper high-speed internet just isn't ever going to be where I live (well, maybe, but I doubt that gov't initiative is ever going through).
Yet I run 3 slackware machines, one redhat machine and two copies of Win XP (fully updated), and I've survived (although getting LookTV lately has helped ease the pain
You'd be surprised how much you can do even with a "slow" net connection.
Re:Even if it's MY Music? (Score:2)
Re:Even if it's MY Music? (Score:2)
Hey.. ya ever consider reading the article?
fro, the article:
The e-mail outlines the definition of copyright violations, particularly with respect to making copies of movies and music.
Re:Even if it's MY Music? (Score:3, Insightful)
Re:Even if it's MY Music? (Score:2)
Re:Even if it's MY Music? (Score:2)
Being friends with some sysops at a university means you sometimes get to see the numbers.
Most universities are connected to some "research-internet" which has enormous amounts of bandwidth.
P2P networks however tend to consume large, VERY LARGE amounts of bandwidth.
A couple of years ago, before p2p networks took off, they had more than 60% of the 155Mb/s dedicated to file-sharing. Now they must have something like 10 times more bandwidth and a higher percentage of "illegal music" moving about.
Even if you're a large university, the sharing of the student's own music is not going to be significant on the bandwidth bill...
Roger.
Re:Even if it's MY Music? (Score:4, Informative)
What if it's MY music? I cannot share it?
That's not a justifiable thing to assume. According to the article, "the e-mail outlines the definition of copyright violations," which strongly implies that they are only concerned with copyright violations, and distributing your own music is not a copyright violation.
USC = MPAA (Hello!!) (Score:3, Troll)
Re:USC = MPAA (Hello!!) (Score:2)
Not necessarily specific pressure, but the fact that the U gets a ton of entertainment industry money cannot have totally escaped the thought processes of the USC administration. They have buildings named after movie stars; there is tons of implicit pressure to defend the industry's interests whether or not such pressure is ever made explicit.
Nonetheless, from what I've seen, USC has done or at least tolerated some significant moves that deserve commendation. The current policy is a complete shift from their stance during the Napster/Metallica fallout, when they refused to shut down napster ports and spokespeople pointed out that Napster allowed for many things besides trading "illegal" files. Also don't forget that USC publishes the Online Journalism Review [ojr.org], who published articles on both sides of the napster and copyright battles. I would guess there is a split at USC among the administration regarding what to do about copyright infringement and that the current policy probably reflects exasperation at getting threatening letters about USC students sharing mass quantities of files.
Is it even your music? (Score:2, Informative)
What if it's MY music? I cannot share it?
No, you cannot share it, because the music you think you wrote probably isn't your music. It belongs to the music publisher who published the particular sequence of four notes before you did. Under the "substantial similarity" standard used by United States courts, there are fewer than 50,000 possible distinct melodies in the Western musical scale [everything2.com], and there are hundreds of thousands of copyrighted songs published by major music publishers who have cross-licensing agreements with one another. Do the math. What's the probability of avoiding a lawsuit? What's the probability of winning if you can't afford legal representation?
You thought you OWNED IT!? (Score:2)
On that note, how else is the industry supposed to recoup their loses when they are used to the business model "One product per person"? Puttin aside the gouging they engage in, I seriously wonder how people think that is fair? I bought a blender, I own it and if the neighbor wants to borrow it, great, even if for an extended time. But there is only one blender at all times and I suspect eventially, you'll want it back and the neighbor will either A) be inconvinienced or B) Buy his own. That used to work for the Record Labels too. Now it doesn't. They distribute one copy, and you have the ability to make an infinite number of copies from yours. Your property, right?
In reality, while it's a abuse on the customer's part, it's really the record industry's failure to adapt adequately that's the problem. By all rights it IS your copy and you should do what you want with it. But it's also the company's right to ensure they make a profit off of it, but WITHOUT violating your rights. So what's a Label to do? Copy protection, but we all know that game. New formats, but nobody's buying into it. They're in a unique situation... Unless THEY get a clue, we're going to end up involuntarily strangling them to death and dump the recording industry into a recession. Yeah, I actually believe that.
Re:No. The issue is bandwidth I would think. (Score:2, Informative)
Translation (Score:4, Insightful)
Re:Translation (Score:2)
Re:Translation (Score:2)
As long as the traffic remains completely within their network, they only pay with a decrease in overall network performance, not in pennies. The moment it leaves their network, however, THAT is when the financial charges come.
Re:Translation (Score:2)
I also understand that with current P2P clients, it is nearly impossible to limit your traffic to a local network without a consistent configuration among ALL clients on the local network. If even a single client on the local network is allowed to connect to the outside world, the rest of the P2P local network is opened as well.
These clients do chew up a lot of bandwidth. I wonder if any universities have done the same studies that some ISP's recently did.
Re:Technology is better than Policy (Score:2)
Good (Score:4, Insightful)
Hat's off to you, USC. Keep up the good work.
Re:Good (Score:4, Insightful)
Slow down there. The article is light on details but it seems to me that the university is banning all P2P traffic, not just copyright-infringing traffic. You can insert the standard hyperbolic "But 99.9999% of P2P traffic is infringing" but it doesn't matter: They certainly do seem to be going after the technology, not the content.
Re:Good (Score:2, Flamebait)
but it doesn't matter
YES, it EXACTLY does matter. Automobiles are not used 99.999% for illegitimate purposes. It is legitimate to ban P2P because there are alternatives (e.g., FTP) for legitimate trading. There basically is zero downside to banning P2P programs.
Re:Good (Score:3, Informative)
But then... what you're doing is going after the technology, not the pirates. Again.
Re:Good (Score:2)
If you remember back to the 80s, VCRs was going to kill the movie industry, like the tape deck was going to kill the music industry. The (RI|MP)AA are luddites. They don't know what's good for them - just look at history.
I can see a good reason why the University would rather not have their students using all the bandwidth for sharing files of uncontrolled legality. Costs. Perhaps morals.
However, P2P is not an inherently bad technology. Furthermore, it is probably still not optimal, so there is a need for further research. There are also other areas within internet applications/usage that needs further research. Stifling internet access for the students is not in the interest of the rest of the world, since that would prevent the students from becoming exposed to research areas.
Re:Good (Score:2)
Because FTP is not an anonymous distribution mechanism. P2P allows indexing, searching and connecting anonymous people to transfer files.
Sure, you can find someone on IRC and transfer a file. But guess what? The recording industry doesn't care about that. They care about easy distribution that anyone can do.
In other words, Mary the Cheerleader (communications major) is not likely to use a warez channel on IRC. Your mom is not likely to use a warez channel. The salesguy down the hall is not likely to use a warez channel. But they all used Napster.
Re:Good (Score:2, Informative)
Re:Good (Score:3, Informative)
If you're going to troll about filesharing make sure that you are both correct and cogent.
Re:Good (Score:2)
Re:Good (Score:3, Insightful)
Yes, this is the way we want piracy to be addressed, but its being addressed by the *wrong people*. It is not USC's responsibility to stop illegal activities over their lines any more than it is AT&T's responsibility to stop fraud over the phone lines, unless a warrant is involved. It is law enforcement's responsibility to stop activities of this sort. Imagine your local phone company started tapping your lines for no reason and overheard you talking about how fast you just went in your car and sent a police officer to go give you a ticket? This is exactly what's going on at USC. If they are served a warrant, then by all means, monitor the network, but only if they are served a warrant.
Re:Good (Score:2)
Hat's off to you, USC. Keep up the good work.
Man... This troll comes out to play on *every* *single* *topic*. I almost feel like wading through past topics to cut and paste the response that someone else made to this post in one of it's original locations. I wouldn't be surprised if most of this post was cut and pasted itself.
Anyway. The obvious response is, AC, that Slashdot is a heterogenous community. As much as you'd like to think we're all hypocrites that agree with each other about everything, sometimes the differing responses aren't due to hypocrisy, but rather honest disagreement.
And even more to the point: NONE OF THE HIGHLY MODDED POSTS SAY ANYTHING LIKE THAT. It looks like all us slashbots are thinking harder than you are.
Personally, I oppose copyright. I would like to live to see the death of copyright. I don't like what USC is doing, only because they're slowing down the process. But, everyone here has to see that USC has the right to do whatever the fuck they like with their bandwidth. If they don't want P2P traffic on it, that's up to them. They could also decide that they don't want any foreign language traffic. And no slashbot said any different.
Re:Good (Score:2)
ROFLMAO!
I didn't steal it... I stole it...
Even SMB filesharing? (Score:3, Insightful)
Re:Even SMB filesharing? (Score:5, Informative)
Re:Even SMB filesharing? (Score:2, Informative)
Re:Even SMB filesharing? (Score:2)
I think the best option would be a P2P system where a shared distributed catalog of available files is kept up-to-date through occasional partial scans by random computers on the network. That way most of the time no one has to scan anything, and when scanning is necessary only one or two computers will be doing it. The scan results would be available for all to use, with no centralized server to bear the brunt of the network admin's wrath.
Just shape them (Score:3, Insightful)
Re:Just shape them (Score:2)
As yet, the university has employed only talk, which is cheap.
Re:Just shape them (Score:2)
I can remember how long it can take to load a few website back on my 56k modem. Slashdot can take anywhere from 25-35 seconds to load while you just sit there and stare at the screen. Yahoo 10 seconds, cnn.com 20 seconds, etc. Yuck!
I am surprised how anyone can get anything done when doing research on the web at these horrible speeds.
Also how am I suppose to run my own web server if I am severely capped? Or how about a web cam? Or how about the MBA student who needs to receive lots of excel and word docs via email from other students on his/her project? I do not pirate anymore and my provider cox cable just recently arrested a pirate in my apartment complex for using limewire and I have no plans on pirating in the future. I noticed the performance went up after that incident because he was hogging all the resources. Basically if they catch the guys who do these things, then everyone who does legitimate use benefits. Crippling everyone will just hurt everyone and not solve the problems.
A similar plan like the one from USC is perfect and needed for most universities. My first guess is that all of their local government representives only represent the MPAA/RIAA in all copyright disputes and are heavily paid off. GO to opensecrets.com and check every single senator from California and see who were the biggest campiagn contributers? Remember that these senators are the ones who decide how much money the university should recieve from the government. If the RIAA complains then the university could lose money.
USC also does not want to be sued. Lawsuits are expensive and would drain resources out of learning. Third the university can save even more money by cutting down on bandwidth costs. My guess is filesharing 24/7 is eating something ridiculous like %90 of the bandwidth. It needs to be filtered out.
Capping everyone and still letting the pirates download will solve the cost of bandwidth but still leaves it open to legal action and funding cuts as well as hurting its students and staff who use the web alot. Naspter was still used by a heavy majority on 56k modems when it was still around and students will still download mp3's. just not as much. I agree that filtering is a must and would benifit everyone except the pirates.
Reality check (Score:2)
I'd hate to be a student trying to do research on a 28k connect.
Yeah, good bye... (Score:4, Funny)
Re:Yeah, good bye... (Score:2)
This is nothing new (Score:4, Interesting)
[Cooper Union, NYC] My school already does that... (Score:4, Insightful)
What also sucks is that the UDP block also cuts down ICMP ECHO (aka "Ping") packets...it is a crying shame that an Electrical Engineering student at "one of the best engineering schools" cannot verify network response times!!
Let me add, however, that I understand the file-sharing thing...our pipe is just 3xT1, and they wouldn't want to bog it down with pr0n and mp3s.
Ideally, they would use Packeteer or some other program to prioritize non-file-sharing traffic and/or throttle bandwidth to and from "criminal" ports. The UDP/ICMP block, however, is inane.
But hey, in case you didn't know, the Cooper Union is the only 4-year private univ in the US that gives a full-tuition scholarship worth about $100k over four years to every student admitted!
Univ. of Colorado at Boulder (Score:5, Informative)
Peer-to-Peer file sharing is a no-no
WAP's are bad news
Further reading indicates that you can get shut off for a short period for file sharing and have your jack turned off for good for having a WAP. Apparently last year somebody had an Airport up and it took down 3 floors in one of the dorms.
Both of those seem like pretty heavy penalties. That is *exactly* how the policy went at the beginning of this school year. I think they may have sent out another reminder about the wireless though. I guess they realized that nobody was reading the agreements and it wasn't fair to simply shut their jack's off with no warning.
Anyway.. guess Universities are getting tired of wasted bandwidth. Here [colorado.edu] is a graph of bandwidth usage at Boulder over the last 48 hours and here [colorado.edu] is the base site with lots of statistics, in case you're interested.
Ben
Re:Univ. of Colorado at Boulder (Score:2)
On another note, I go to CU Boulder and I've noticed that the campus network is dreadfully slow sometimes (at least when browsing the web and downloading stuff... intra-campus file transfers are very fast). If bandwidth is the bottleneck, I wish they'd cap speeds of P2P clients. If our DNS server sucks, I hope they replace it.
I'm really happy with ITS overall though... they are doing a great job of giving us wireless around the campus, and have an excellent track record with respect to network downtime (almost never).
Re:Univ. of Colorado at Boulder (Score:2)
You are also correct about downtime. I have worked for ITS for about a year now (student employee) and I have seen the website (www.colorado.edu) down only twice, both less than an hour. THe backbone was down once for about 2 hours. The e-mail servers go down intermittently, especially spot and stripe.
Ben
Re:Univ. of Colorado at Boulder (Score:2)
Let's clear this up (Score:2, Informative)
Misleading article title (Score:4, Interesting)
Does this mean students can swap illegal software and media offline on CDs? I'd think it more efficient that way anyways. Who is with me?
They should have done this long ago (Score:2, Troll)
I'm sick and fucking tired of the retards who run P2P filesharing software on my University's network. Thanks to them, during the first and last two weeks of each semester, I see my bandwidth get killed (which I use for legitimate purposes, downloading source tarballs, ISOs of Linux distributions, and so forth). Everytime I see some moron running KaZaA, It is all I can do to avoid purchasing a lethal weapon and killing them.
michael (Score:2, Funny)
this could explain that
Good. (Score:2)
UCF does the same thing (Score:2, Informative)
Re:UCF does the same thing (Score:2)
Fascinating! I'm sure News Corporation, and its subsidiary, 20th Century Fox Television, would LOVE to know that the University of Central Florida is publicly exhibiting their intellectual property for profit.
I wonder if UCF has a license for that material?
-Isaac
Re:UCF does the same thing (Score:2)
music/movies or all files? (Score:2, Insightful)
It also doesn't say if intranet P2P is OK, or if they are just forbidding P2P to/from outside the university.
Of course the USC network admins know this directive is foolish. File sharing happens via IRC, FTP, HTTP, IM and many other forms, straight client-client as well as through various tunnels and gateways between P2P networks. It's not likely that they want to become police, either.
This directive serves the university only two ways (ok maybe three).
1) It gets the RIAA off their backs for a while.
2) It keeps the clueless from using P2P networks - only the clueful will know how to still share files at will, and they are less likely to get caught and spell trouble for the University.
3) It reduces the load on their network.
All three are temporary gains but they must think that's better than nothing. Once again we see somebody attacking the symptom (P2P) rather than the problem (stealing copyrighted works).
At my school... (Score:2)
in my school, (Score:2)
heavy hand/closed mind (Score:2, Interesting)
Other schools... (Score:2)
(Cisco has a solution that does this, if I remember right...but I can't remember what it's called.)
So.. (Score:2)
Re:So.. (Score:2)
Because students are cheap and wireless equipment costs money. The reason to use P2P is to avoid paying, wireless would negate that.
Same policy recently announced here. (Score:2)
I attend USC (Score:5, Informative)
My freshman year (a while ago) the "my network neighborhood" feature of windows worked and many shared files that way. That went away the following year much to the annoyance of many students.
This e-mail isn't really news, it's more of a reminder of a policy that was already in place.
On an only slightly related note. The campus network is handled by ISD (Internet Services Division) which has nothing to do with the CS department. The CS department has an eternal grudge with ISD. (As do a good number of CS students)
USC also seems to take complaints about the students overly seriously. My friend got spam sent to him to which he replied "Fuck you" along with some other unpleasentness. The spammer complained to USC who sent my friend a warning about proper conduct.
Re:I attend USC (Score:2)
I've had no problems with reporting Code Red/Nimda'd machines on UMass' network. Of course, it helps that I don't send email to abuse@ but to a known contact at OIT with the power to take action.
Re:I attend USC (Score:2)
I didn't go to USC, but I swear one of the CS PhDs at my college said the same thing about our equivalent to your ISD. I used to admin the Chem departments computers and it would take them days to reset the switch after I ghosted all the lab computers. Seems it was so old that all it knew how to do was shut off ports that had excess broadcasts. They had to power cycle the switch that connected the whole building to the campus backbone in order to reset it.
It then took them two weeks to re-wire one port so that I could disconnect from the campus backbone and still ghost labs on multiple floors. Funny they never thought about configuring the wiring different to avoid the problem with ghosting.
Different Here at VT (Score:2)
They can still access data on the VT network at full speed, but after they hit that last VT gateway into the Internet, that speed is halted. Severely.
Re:Different Here at VT (Score:2)
Pretty darn good! Virginia Tech is pretty much the technology mecca in western Virginia. Great school and Blacksburg is a wonderful town to live in. Are my alumni colors showing?
Re:Different Here at VT (Score:2)
The actual email (Score:5, Informative)
Dear Student:
This email is being sent to all students at USC to make sure they have the same information about copyright compliance.
Introduction
The University of Southern California is committed to the education of its students. Part of the educational process includes the provision of internet connections for students in classrooms, residences, libraries, eating establishments, and other places on campus. Students who live off campus may also access the internet through USC's computers via modems. Over the past two years the university has made efforts to make students aware of policies governing the use of its computing facilities and systems to enhance their educational experience and keep them from violating university, state, federal polices and laws that would negatively impact their student status.
As a part of this ongoing effort we want to alert you to the fact that many of you are risking complete loss of access to the USC computer system and both disciplinary and legal sanctions. Below is an overview of how students are placing themselves in jeopardy by inappropriately using USC's internet connections.
Is File Sharing Worth Losing Student Privileges at USC?
You are undoubtedly aware of the development of file-sharing software such as Napster, Gnutella, and Hotline, also known as peer-to-peer networks ("P2P networks"), and the fact that the use of P2P networks to share copyrighted material, such as movies, music and software, can violate the rights of copyright owners. As you probably know, the Ninth Circuit Court of Appeals recently ruled that the majority of Napster users are directly infringing federal copyright law by sharing music files without the permission of musical artists and recording companies who own these materials.
Copyright infringement occurs whenever you make a copy of any copyrighted work - songs, videos, software, cartoons, photographs, stories, novels - without purchasing that copy from the copyright owner, or obtaining permission some other way. Infringement also occurs when one person purchases an authorized copy, but allows others to reproduce further "pirated" copies. For example, if a student purchases a CD and creates an MP3 copy on his or her hard drive, and then uses a P2P network to share that MP3 copy with others, both the student and those making copies are infringing the owners' copyright rights and violating federal copyright law.
USC prohibits any infringement of intellectual property rights by any member of the USC community. As an academic institution, USC's purpose is to promote and foster the creation of intellectual property. It is antithetical to this purpose for USC to play any part, even inadvertently, in the violation of the intellectual property rights of others. The USC policy regarding student use of USC computing resources clearly states that a student who reproduces or distributes copyrighted materials in electronic form without permission from the material's owner may be removed from the USC computer system and face further disciplinary action.
Further, infringing conduct exposes the infringer to serious legal penalties. In response to the growth of infringement through P2P networks, the recording and motion picture industries have increased their efforts to identify and stop those who download unauthorized music and video files. Organizations such as the Recording Industry Association of America (RIAA) and the Motion Picture Association of America (MPAA) can and do monitor P2P users, obtaining "snapshots" of the users' Internet protocol addresses, the files they are downloading or uploading from their P2P directories, the time that downloading occurs, and the Internet service provider (ISP) through which the files travel. (Gathering this information is not a violation of the users' privacy rights, because the user has voluntarily made his or her P2P directory available for public file sharing.)
Once this information is obtained, RIAA, MPAA and others can demand that an ISP remove any infringing copies from its system and may obtain a court order directing the ISP to identify the infringing user and to cut off the infringing user's access to the ISP's system. Further, if the user is determined to have infringed copyright rights, whether through P2P networks or other means, he or she can also be subject to sanctions such as the destruction of all unauthorized copies and monetary damages. In some cases, criminal sanctions - imprisonment and fines - may be imposed.
As an ISP for its students and faculty, USC has received an increasing number of notices from RIAA and MPAA identifying the IP addresses of USC students who are sharing copies of music and videos without authorization. USC will be forwarding such notices to the individual students involved and taking further steps to ensure that the infringing conduct ceases immediately, including, where necessary, depriving that student of any access to the USC computer system and further disciplinary sanctions. Obviously, if the complaining organization decides to take further steps to identify and prosecute the infringer, such conduct also runs the risk of incurring sanctions under federal copyright law, which can include monetary damages, and, in cases that are sufficiently extreme, criminal penalties - both imprisonment and fines. Copyright law provides no exception from liability for university students.
You should be aware that sharing music, videos, software, and other copyrighted material is a violation of law and can expose you and those with whom you share to legal sanctions, as well as sanctions under USC's own policy. Please do not put yourself, your friends, parents, and USC in the awkward position of having to confront such issues. We trust that you will take this issue seriously and conduct yourself accordingly.
Sincerely,
Jerry D. Campbell Dean of Libraries and Chief Information Officer
Sincerely,
Michael L. Jackson Vice President for Student Affairs
Re:The actual email (Score:2)
That's big of them. I wonder if they prohibit rape and murder too?
Re:The actual email (Score:2)
The purpose of any university should be to promote and foster the advance of knowledge/science. Whether knowledge as a property (IP) is the best method to do so is, at best, of secondary importance, a means to reach that goal. It cannot be a goal in itself.
In that sense I think this is a very very strange statement.
The only valid reason to not allow it is that a public institution should abide by the law, and the law forbids it (just like murder, rape etc). So whether the universtity agrees with this law or not (that is irrelevant) it cannot tolerate students and staff to break the law using their facilities.
Therefore, the first sentence in the quote is redundant.
Re:The actual email (Score:2)
I don't see anything about creating intellectual property in the email. The university is trying to stop the infringement of copyright. I find it amazing that anyone can twist that into something negative.
Oh my God! They're not going to let the students break the law using university equipment! The bastards!
Re:The actual email (Score:2)
USC prohibits any infringement of intellectual property rights by any member of the USC community. As an academic institution, USC's purpose is to promote and foster the creation of intellectual property. It is antithetical to this purpose for USC to play any part, even inadvertently, in the violation of the intellectual property rights of others.
I don't have a problem with the university attempting to keep its legal nose clean ... (I do have a problem with what constitutes intellectual property these days, and the grossly extended period of time before anything is able to enter the public domain. Hopefully Lessig will prevail before the Supremes this October, though I can't say I'm optimistic.)
Still, the point is that the email does explicitly state that "As an academic institution, USC's purpose is to promote and foster the creation of intellectual property." I find that abhorrent. An academic institution's purpose should be to foster the education of its students, encourage critical thinking, broaden worldviews and prepare young men and women to live rich, intellectually stimulating lives. They might legitimately lay claim to "promoting the creation of new and innovative ideas," but to describe those as being intellectual property is pretty base. Ars Gratia Pecuniam.
Re:The actual email (Score:2, Informative)
but (Score:2)
I like our policy here at GATech. (Score:2)
OR... (Score:2, Insightful)
OR ...could force the smart students to develop an anonymous, encrypted filesharing system and squash the whole plan. woops! now what? maybe a better solution is just plain traffic-usage capping.
Seems pretty "boiler-plate" to me.... (Score:2)
I think that the message is "be discrete about your swapping, use FTP, CD's and other media for the transfer...don't advertise and especially don't gloat that you are getting away with it."
Remember also, they don't want to get involved with policing everything on the net. That's the angle that all ISP's are taking against the RIAA/DMCA lawsuits now....pretty much "it's not our business what the customer has at their house, they don't have it on the server here, so it's none of our business." I think that the school is just attempting to give themselves a little "plausable deniability" in this matter.
As P2P goes, "advertising" all of the songs that you have at one location is dangerous. That's a known weakness. Perhaps this will get solved, so that donors do not have to have their IP's revealed...
Another Side (Score:2, Interesting)
1. no lawsuits, if it's an enforced policy than the specific violators can be prosecuted.
2.Less pay wasted on sending tech support to remove the multitude of viruses from kazaa downloads.
3.MORE BANDWIDTH to be used for legitimate uses.
Here's the thing: why should the university provide a way for people to trade copyrighted material?
Why USC? (Score:4, Insightful)
No problem. (Score:3, Insightful)
If a student feels he/she must have p2p there are private ISP's out there who are willing to offer their services for a price. Most people in the real world do pay for their internet access.
There is no reason that a student should expect his/her school to sacrifice bandwidth or risk legal problems to support the student's habit.
Re:No problem. (Score:2)
problem (Score:2)
From a previous post [slashdot.org]:
The USC policy regarding student use of USC computing resources clearly states that a student who reproduces or distributes copyrighted materials in electronic form without permission from the material's owner may be removed from the USC computer system and face further disciplinary action.
and:
Organizations such as the Recording Industry Association of America (RIAA) and the Motion Picture Association of America (MPAA) can and do monitor P2P users, obtaining "snapshots" of the users' Internet protocol addresses, the files they are downloading or uploading from their P2P directories, the time that downloading occurs, and the Internet service provider (ISP) through which the files travel. (Gathering this information is not a violation of the users' privacy rights, because the user has voluntarily made his or her P2P directory available for public file sharing.)
The unavoidable conclusion is that USC will listen to the RIAA and kick students of the school networks if they claim infringment.
The potential for abuse is manifest, despite the proported condern from student privacy. Students without access to computing resources may not be able to complete assingments and so the ban ammounts to expulsion. Will the University just take someone else's word for such a serious charge and punishment? It looks like the process could short circuit many student protections all for the sake of the lowest form of publicaion in the world, pop music.
Their definition of copyright violation is a bit out of wack too:
Copyright infringement occurs whenever you make a copy of any copyrighted work - songs, videos, software, cartoons, photographs, stories, novels - without purchasing that copy from the copyright owner, or obtaining permission some other way.
Bullshit. My copies of my property are my business and are covered by fair use. Republication is a violation of copyright and reasonable numbers of coppies do not constitute a republication.
Factual errors like this from a major university are disturbing. If they don't get it, who will? Are the same idiots who wrote this letter in charge of prsecuting students? Great!
Oh the sadness (Score:2)
Heh.
Why does this surprise you? USC is in Los Angeles. (Score:2)
Probably a bandwitch issue (Score:2, Interesting)
They won't officially tell us what they did to fix the problem but they sure didn't come out and say we couldn't use file trading programs. What it basically looks like is they selectively drop so many packets from the typical file sharing programs to lighten the load so that other types of packets have no trouble getting out. By dropping only the occassional packet they can let the connection stay alive and not interrupt the transfer but effectively slow it down and leave more burst bandwidth for other stuff.
Overcompetitive student DoSing another? (Score:2)
Jes, they can sniff & log IPs and MACs. But both can be cloned. A malicious student could get another in deep trouble.
Any draconian authority has to be careful not to get used as a hammer for personal revenge.
Time to move off campus... (Score:2)
55% of dorm traffic at Cornell is from Kazaa! (Score:2, Informative)
P2P is an expensive problem for campuses. Here are some interesting statistics about network usage at Cornell University:
http://www.cit.cornell.edu/computer/students/bandw idth/charts.html [cornell.edu]
Over 55% of total dorm bandwidth was from Kazaa/Morpheus!
responsibility (Score:3, Insightful)
Besides, who really needs that much online access. I got through university on dialup.
And thinking ahead, would you show up at work and download several gigs a day on Kaazaa?
AUPs can limit this - is that really a problem? (Score:2)
There are two points here - bandwidth hogs and copyright infringers - often related but not necessarily. People who only use a lot of bandwidth for serious purposes is ok, I don't think any admin will kick you for downloading a full set of linux distros etc.
But it's not there for you to get your latest Britney Spears album or the Tron 2 DVDrip. And as I read the actual email, you will only lose access if you commit crimes (read: copyright infringement) using the university's connection. Does that really surprise you?
So I find the universities have the full right to decide:
- Wheather they wish to offer access to any P2P networks.
- What to do in case of copyright infringement, like terminate the contract.
But I would say they can not:
- Prosecute someone for having a P2P client running, but only downloading/serving legal programs.
Of course, IANAL, but I think the last case would be about 0.00001% of the cases.
Kjella
Re:We've been doign it since the begining of the y (Score:2)