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Moravian Internet Peer-to-Peer File-Sharing Policy
Supplement to the Policy for Acceptable Use of Computing Resources
In recent years, Internet peer-to-peer file-sharing programs have made it easy to download and share music, movies, and software files. This has become a problem for Moravian and other institutions because it encourages violation of copyright law and causes Internet traffic congestion.
In dealing with these issues, Moravian will by policy and procedure:
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Ensure for all users adequate and equitable access to the Internet for academic purposes and personal communications.
- Respect our community's rights to privacy and confidentiality, freedom of speech, and academic freedom while using the network.
- Educate the network-user community on the technical, legal, and ethical aspects of copyright and intellectual property.
- Uphold copyright law as spelled out in the 1998 Digital Millennium Copyright Act and elsewhere. The act defines copyright and fair use in the digital age.
Moravian's Policy for Acceptable Use of Computing Resources prohibits "use of Moravian's systems or networks to copy, store, display, or distribute copyrighted material in any medium, or to prepare derivative works of such material, without the express permission of the copyright owner, except as otherwise allowed under copyright law." In addition to sanctions by the institution, copyright violators could be subject to felony charges under state and federal law and may be sued by the copyright holder.
Under copyright law, unless you have express permission from the copyright holder to engage in the copying, downloading, and sharing of files, you are in violation of the law.
Peer-to-peer programs have no provision to acquire permission. In practice, therefore, their use for downloading music and movies may put you in violation of Moravian policy as well as the law. Peer-to-peer file-sharing programs have legitimate uses for sharing information over the Internet. In addition, the Internet has allowed the democratization of the music industry, allowing musicians to distribute their works and gain audiences not possible before the Internet. However compelling they are, however, these arguments in no way absolve file-sharing users from the need to follow copyright law and respect intellectual property ownership.
Moravian's CIT does not intend to block peer-to-peer file-sharing programs, nor does it monitor the content of network traffic. However, it does monitor traffic patterns in order to guarantee acceptable network performance for all users. If CIT becomes aware of policy violations or illegal activities in the course of investigating network congestion or determining problems, it will investigate by inspecting content stored or shared on its network.
Moravian's acceptable-use policy also prohibits "activities that interfere with the ability of others to use Moravian's computing resources or other network-connected services effectively." This may apply to peer-to-peer file-sharing programs irrespective of copyright violations, as these programs consume huge amounts of network resources.
Violators of copyright law as well as those impeding network access by others will be warned to cease and desist. Repeat offenders will have their access to the Internet blocked. If necessary, they will be turned over to the College judicial process.
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