File sharing software is most commonly used to download music and other media. Many do not realize that this software may turn your personal computer into a server, or upload site, even if that was not your intent. Files on your network connected PC may then be illegally shared with every other person connected to the World Wide Web. It is imperative that the file sharing capability of these systems be disabled. If you do not know how to disable this function, please contact the Help Desk at 801-863-8888.
Industry representatives aggressively monitor the Internet to discover incidents of illegal file sharing. When violations are discovered, they contact the network owner and/or the Internet Service Provider and demand that the offending device be disconnected from the network. To protect the user and the University from further culpability under federal copyright law or University policy, the University will disable network access for any machine for which a complaint of copyright infringement has been received.
To restore network service, the user must contact the Help Desk and arrange to sign a document stating that the user has disabled the file sharing function of their software and has agreed to discontinue all illegal file sharing activity. If the user is named in additional complaints, they may lose long term access to network service. Students will be referred to the Dean of Students, staff to their Vice President, and Faculty to the Academic Vice President for further review and action.
Action taken by the University to remedy a violation does not preclude the copyright holder from seeking civil and/or criminal prosecution for copyright infringement. The law specifies civil liability of litigation costs, attorney fees, and actual damages, or statutory damages of $750 to $30,000 for each work infringed, and, under certain circumstances, criminal penalties up to $250,000, and/or imprisonment. In addition, actions taken to circumvent technological measures that are used to control access to copyrighted works or to prevent infringement of the exclusive rights of copyright owners are punishable by awards of statutory damages of $200 to $2,500 per act of circumvention.
Students are encouraged to find alternatives to illegal file sharing such as purchasing music, movies, and other copyrighted materials through on-line stores and services.
HEOA Illegal File Sharing Compliance Written Plan - 2010
This written plan is designed to bring the University into compliance with the illegal
file sharing provisions of the Higher Education Opportunity Act (HEOA).
Specifically, the act requires Utah Valley University to:
The plan for Utah Valley University to meet these requirements is as follows: