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 Service 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 Service 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. Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.
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.
HEA Illegal File Sharing Compliance Written Plan - 2010-present
Purpose:
This written plan is designed to bring the University into compliance with the illegal
file sharing provisions of the Higher Education Opportunity Act/Higher Education Authorization
Act (HEA).
Specifically, the act requires Utah Valley University to:
Plan:
The plan for Utah Valley University to meet these requirements is as follows: