There can be serious repercussions for illegally downloading and sharing certain files. Though it is not always easy to tell if the material you are downloading is copyrighted, the following FAQs can help you understand the “Dos” and “Don’ts” of downloading data on campus.

What is illegal file sharing, and how can I avoid it?
When media is produced and sold, it is protected by copyright law so it cannot be copied, reproduced, or resold without the permission of the creators. If you download media without paying for it and the file has been copyrighted, or distribute media that has been copyrighted without the permission of the copyright holder, you are sharing the file illegally. Make sure to always purchase media from a trusted outlet, and do not distribute copyrighted materials with others without permission from the copyright holder.
What is the Digital Millennium Copyright Act?

The Digital Millennium Copyright Act (DMCA) of 1998 made it illegal to republish copyrighted information by downloading, uploading, or file-sharing media such as music, movies, or software.

Digitally sharing copyrighted materials is illegal and violates the Acceptable Use Policy for UWM regarding the campus network.

The University does not monitor individual network activity. However, UWM is obligated by law to respond to valid complaints from copyright holders and their agents. DMCA complaints are taken seriously and may result in loss of access to the UWM network, academic discipline under University policy, or fines or legal action by the copyright holders and/or their agents.

What’s the risk of illegal file sharing?

Groups like the Recording Industry Association of America (RIAA) pay organizations to gather information from the internet to identify where files are being shared illegally. Individual lawsuits are being settled out of court for $4,000-$5,000. Lawsuits that are not settled out of court can result in higher monetary damages.

Groups such as the RIAA send an official complaint to the Internet Service Provider (UWM when you are using the UWM network). UWM notifies the campus network administrator responsible for the area in which the infringement occurred. The individual is then notified about the complaint so they can stop the illegal use of copyrighted material. Wherever possible, network access for the device or individual in question is removed until it can be verified that the infringing activity has stopped or until a counterclaim is filed.

The copyright holders’ lawyers can file a federal lawsuit and then subpoena the University for the information to identify the individual. With your name and user account information, the attorneys can pursue monetary damages against you in court. This is the risk you assume when you engage in illegal file sharing.

In summary, some risks for illegal file sharing include:

  • Large fines
  • Lost time during litigation
  • Hardware confiscation
  • Restricted access to UWM’s network
What are some common “P2P” (peer-to-peer) programs used for illegal file sharing?

The use of programs such as BitTorrent, uTorrent, and LimeWire may result in illegal P2P sharing of digital materials.

How can I avoid violating copyright law and subsequent legal action?

While some files may be legally shared via common P2P programs, most true freeware programs or public domain music are available elsewhere on the Internet. If you use P2P file sharing software, it is your responsibility to ensure you are not downloading or sharing copyrighted music, movies, or software.

How do I know if I've received a settlement letter from the RIAA?

If you’ve been contacted regarding a DMCA violation, you may have been targeted for the settlement letter as well. If you wish to obtain a copy of any such letter or contact information for the RIAA, you may request it from UWM. Incidentally, the parties to a lawsuit can agree to settle a case at any time. You do not legally forfeit your right to settle by not responding to a pre-settlement letter. While it is impossible to know if the RIAA will be amenable to settlement at a particular time in the future, typically corporations prefer to settle cases instead of undertaking a trial which is costly and time-consuming.

Where can I find more information about P2P sharing and copyright infringement? What is the official UWM policy for copyright infringement?

It is the policy of the University of Wisconsin – Milwaukee (‘UWM”) to promptly investigate notices of alleged copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 (“DMCA”).

DMCA notifications are to be submitted to the DMCA Compliance and Notification Agent.