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File Sharing on ResNet
Computers and the Internet have given us a myriad of ways to obtain our favorite music, TV shows, and movies. Downloading these forms of entertainment is convenient, but it's not always legal.
Below you will find information on how to legally obtain entertainment media, as well as information on what you can expect if you choose to use ResNet to download or share entertainment media illegally.
If you do choose to download entertainment media illegally, you run the risk of being sued by entertainment industry officials and compromise the security of your computer as illegally downloaded media and software often contain malware such as computer viruses and spyware.
In addition to putting you at legal risk, illegal file sharing is also a violation of Title 5 of the California Code of Regulations and the Campus Computing Acceptable Use Policy. When you are caught illegally downloading copyrighted material, you will have your connection to ResNet temporarily suspended and you could face disciplinary action with Student Judicial Affairs.
So don’t take the risk, use legal ways to get your favorite music, TV shows and movies. This site is designed to help you start using those legal services, many of which are free!
Is it legal?
Downloading or sharing media using the following programs/protocols is likely illegal:
- BitTorrent
- uTorrent
- LimeWire
- Ares
- eMule/eDonkey
Downloading and/or sharing copyrighted media using any of the above programs is illegal and puts you at serious legal risk.
These programs may make copyrighted media available for download from your computer by the rest of the world by by default even if they are not used to download anything. You may be illegally sharing copyrighted media from your computer just by having these programs installed. ResNet highly recommends that you uninstall these programs.
Possible Legal Consequences
There are three actions copyright holders typically take. Someone that shares copyrighted material illegally can face any number of these consequences in any order. That means you could face a lawsuit without first receiving a standard violation notice or a pre-settlement letter.
- Standard DMCA Violation Notice (a.k.a. Take-down Notice)
A Standard Alleged DMCA Violation Notices is basically a warning message that does not contain a threat of legal action. It contains elements that can be associated with network use, and requests the university to "internally identify" and then forward the letter to the individual associated with those elements.
When the University receives a take-down notice, the machine responsible for the alleged DMCA violation is temporarily blocked from accessing ResNet. If the machine tries to access any web page from ResNet, it will be forwarded to a page notifying the user of the DMCA violation. In order to resume normal access to ResNet, the user must read the information presented on the warning page and click a button acknowledge that they have read and understand the presented material. A copy of the violation notice is also sent to University Housing and Food Service, and residents can expect to face disciplinary action with Student Judicial Affairs.
For more information regarding Chico State's process regarding standard DMCA violation notices, check out the DMCA Notice Resource Page.
- Pre-settlement Letters Related to Alleged DMCA Violations
Pre-settlement notices began being delivered in March of 2007. This is a request from the Recording Industry Association of America (RIAA), Motion Picture Association of America (MPAA), or another copyright holder or representative of a copyright holder. It contains elements that can be associated with network use, and requests the university to "internally identify" and then forward the letter to the individual associated with those elements. These letters provide the recipients with a limited time to contact the sender and pay a settlement fee. If the recipient chooses to not pay the fee, the sender will sue the recipient.
- Lawsuit
A copyright holder can choose to bring civil lawsuit against alleged violators. This can result in substantial financial loss due to legal fees and paid damages depending on the outcome of the suit.
DMCA Notifications
When Chico State receives a DMCA notice from a copyright holder the following will occur:
- IT Support Services determines the owner of the computer that was sharing the files and the following actions are taken:
- The computer is temporarily removed from the network.
- An email is sent to the student's Chico State email account.
- A copy of the notice is sent to University Housing and Food Services
- At this point, if the resident tries to navigate to any web page from his/her computer he/she will be presented with a page warning that the computer has been blocked from the network due to illegal file-sharing. A copy of the original notice is displayed on this page. In order for the resident's computer to be reconnected to the network, the resident must:
- Read the contents of the warning page.
- Acknowledge that he/she has read and understands the contents of the page by clicking a button at the bottom of the page.
- The computer will then be allowed back on to ResNet, and an email confirming that the resident has read the page will be sent to the resident's Wildcat Mail account and the ResNet coordinator.
Repeat Offenders
If the university receives a notice for a resident that has already gone through the above process, that resident will face disciplinary action with Student Judicial Affairs, and could have his or her connection to ResNet suspended indefinitely.
Legal Alternatives