FAQ: Peer to Peer File Sharing
A Computing Services Publication - May 26, 2004
For information related to this topic refer to:
Introduction
Peer to Peer (p2p) file sharing has become an issue on campus over the last few years. Peer to peer programs are generally used to find and download various media files such as music MP3s, movies, and images. What many users do not know is that most of these programs also set themselves up as servers when they are installed and run. The programs download into a "Shared" folder (the user can define a different folder to download into). Anything in this folder, is subsequently shared to others using similar programs on the Internet.
When users are sharing files which are not protected by copyright law (that is, files which the owner/author has granted permission to share) there is no problem. The sharing of copyright protected materials when the user does not have the right to do so does pose a problem, and can result in loss of network access if the violation is found and reported by an agency representing the copyright holder.
Because p2p file sharing is so pervasive on campus, and because violations of copyright law cause problems for users on our campus, the following frequently asked questions (FAQ) is being provided.
Answers
What is Peer to Peer file sharing?
Peer to peer (p2p) file sharing is a protocol used by various programs such as Kazaa, Bearshare, Morphus, Gnutella, Limewire, and others to both download media files and make them available for upload. Thus there is no single, explicit server - all clients are potentially servers.
Can I get into trouble for sharing files if I don't know my computer is doing it?
Yes. Computing Services does not look for computers sharing files in violation of copyright law. Some organizations such as the RIAA, MPAA, MediaForce, Universal Studios, and others, however, do. If they find that your computer is distributing files to which they (or someone that they represent) owns the copyright then you could get into serious trouble. Currently, the various organizations will request that Carnegie Mellon make the illegal file sharing stop. To do this, Computing Services will typically disable the machine's network access. Students should read the Residence Hall and Dedicated Remote Access Guidelines and be familiar with the issues and penalties for copyright violations.
Why is my computer sharing files if I didn't set it up to do so?
Most p2p programs set themselves up as servers when they are installed and run for the first time. Every time that you run the program (typically to look for files to download), it acts as a server, sharing the files in the Shared folder that it downloads into. It is your responsibility to know what the programs that you install on your machine are doing. If you do not want the program to share files, configure it to not do so. Information on how to do this for many p2p programs can be found at the University of Chicago's site on disabling peer to peer file sharing
It is also possible that the machine has been compromised (hacked into) and has an FTP or p2p file server set up on it. If this is the case, then the machine will have to repaired (often by reformatting the hard drive and reinstalling) before it will be allowed back onto the network. Owners of compromised machines will not get into any trouble unless it becomes a recurring issue.
What if a friend set up the file sharing and downloaded the files onto my machine without my knowledge?
You are responsible for what your machine is used for. You should always set up accounts for your users, and disallow guests, visitors, or strangers to access your machine without your permission and knowledge. If you have set up accounts on the machine, you are still at least partially responsible for what those users do because it is your machine.
What if I own a DVD (or other media) copy of the file?
You are permitted by law to make copies of your CDs, DVD, tapes, etc., for your personal use. You are not permitted to allow others to access them once you have make digital copies, nor are you permitted to obtain digital copies from other sources.
Everyone shares files. Why was I singled out?
Just because "everyone" does something that is against the law and most of them get away with it, it does not mean that it is acceptable for you to do it too. If the representatives of the copyright find their property being served from your machine, you will be caught, and will be held responsible.
How did the organization who reported me access my machine? Did they break in or violate my privacy?
The organizations who report the copyright violations do not break into machines, nor do they violate anyone's right to privacy. They use the publicly available p2p programs such as Kazaa, Morpheus, Limewire, Bearshare, and others, to find the files that they report. The programs provide the IP address of the machine from which they are obtaining the file that they are downloading. They have no special access, nor are they doing anything illegal - remember that they own the copyright.
I pay thousands of dollars every year to attend Carnegie Mellon. How can you deny me network access when it is needed for my courses?
Your tuition money is not applied solely to Computing Services for network access. There are facilities which are here for your use, there are instructors salaries, benefits, and yes, network access. Carnegie Mellon provides network access to students so that they may pursue their academic endeavors. We do not have any obligation to provide students with network access so that they can violate copyright laws, and provide servers to illegally distribute materials to off-campus users. Internet access is provided as a convenience, and to allow research to be done. If you misuse your access privileges by downloading materials illegally and are caught because of it, you will lose that privilege for some period of time.
Is it illegal for me to download music or movie files, or allow others to download them from my machine if I'm not making any money from the transactions?
Yes. It is illegal. According to U.S. copyright law, you simply are not permitted to download or upload such files without the permission of the copyright owner.
How can I turn off sharing from my machine using peer-to-peer programs?
The University of Chicago has a web page which details how to turn off sharing using many of the more popular p2p programs. You can access their instructions by clicking here.
What other things can happen if I share files illegally?
In addition to losing network access at Carnegie Mellon for up to 45 days, the organization which either owns the copyright or represents the owner of the copyright can file legal charges which could result in jail time and fines of up to $150,000 per infraction (e.g., $150,000 per song, movie, or software product downloadable from the system). Recently, the Recording Industry Artists Association (RIAA) filed suits against four students at universities for aggregate copyright violations. This may only be the beginning of a larger number of suits by the various entertainment industry representatives.