Your lab manager reports that he believes a student who frequently visits the lab may be involved in illegal music downloading or filesharing. She spends many hours on the BitTorrent site. What is the best way to handle this situation?
It’s in the best interest of computer labs to consider distributing copies of Notice to the CUNY Community Regarding Filesharing and Copyright Infringement. It contains the following advisory:
Filesharing software continues to be a popular way to copy and distribute music, movies, games, and software through the Internet. If you use this software, you need to be aware that copying and distributing materials without permission of the owner can create both criminal and civil liability for you.
How should I respond if I observe what I believe to be inappropriate or illegal use of computer resources?
Local campus procedures may vary, but in general, lab managers should discuss with their supervisors how to handle suspected misuse of computer resources. CUNY takes illegal filesharing seriously.
Does the library or the university run the risk of being sued?
In most recent cases, institutions are not targeted for litigation, but rather the individuals themselves responsible for the illegal activity. However, an institution aware of illegal downloading or filesharing through its computer resources – that does nothing about it – is at risk. The Digital Millennium Copyright Act (DMCA) provides some "safe harbor," protection for CUNY if certain procedures are followed .
What is our best defense in preventing this kind of behavior?
It’s advantageous to have clear, well-written policies and guidance such as the filesharing notice mentioned above and CUNY's Policy on Acceptable Use of Computer Resources that are distributed and shared with the college community. As an educational institution, we have a responsibility to proactively inform students about proper copyright compliance. Faculty syllabi should contain a brief discussion about the penalties of plagiarism, and library instruction classes should incorporate the ethics of information use.
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