Copyright Law and the Illegal Use of Peer-to-Peer 文件共享
政策概述
数字版权
All 使用rs of 欧亚体育 should adhere to the Digital Millennium Copyright Act. The DMCA is a 1998 United States copy right law. The law criminalizes production and dissemination of technology, 设备, or services intended to circumvent measures that control access to 版权ed works (commonly known as digital rights management or DRM). 欧亚体育 provides resources and wireless networking as well as other information technology resources to ensure 使用rs accomplish their educational goals. By using the OC network, 使用rs agree to abide by the College’s Computer and Security Administrative Policy 2020. Users agree not to 使用 College resources for unauthorized duplication, 使用, or distribution of 版权ed materials, 包括 music and video files. Such activity 是非法的 under the Digital Millennium Copyright Act (DMCA) and exposes you to serious civil and criminal penalties. The DMCA is a federal law that criminalizes production and dissemination of technology, 设备, and services intended to circumvent 版权 protections. In addition, the DMCA heightens the penalties for 版权 infringement on the Internet.
Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the 版权 owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a 版权ed work. In the file-sharing context, downloading or uploading substantial parts of a 版权ed work without authority constitutes an infringement.
The Digital Millennium Copyright Act
In 1998, Congress passed the Digital Millennium Copyright Act (DMCA), which amended U.S. 版权 law to address important parts of the relationship between 版权 and the internet. The three main updates were: (1) establishing protections for online service providers in certain situations if their 使用rs engage in 版权 infringement, 包括 by creating the notice-and-takedown system, which allows 版权 owners to inform online service providers about infringing material so it can be taken down; (2) encouraging 版权 owners to give greater access to their works in digital formats by providing them with legal protections against unauthorized access to their works (for example, hacking passwords or circumventing encryption); and (3) making it unlawful to provide false 版权 management information (for example, names of authors and 版权 owners, titles of works) or to remove or alter that type of information in certain circumstances.
Copyright Law {Title 17 U.S.C. 第101条及以下.第18条.S.C. Section 2319}
Copyright is legal protection of intellectual property, 在任何媒介中, that is provided for by the laws of the United States to the owners of 版权. Types of works that are covered by 版权 law include, but are not limited to, 文学, 戏剧性的, 音乐的, 艺术, 图示, 图形, film and multi-media works. Many people understand that printed works such as books and magazine articles are covered by 版权 laws but they are not aware that the protection extends to software, 数字作品, and unpublished works and it covers all forms of a work, 包括 its digital transmission and subsequent 使用. Federal law protects 版权 owners from the unauthorized reproduction, 适应, 表演, 显示, or distribution of 版权 protected works.
Copyright Violations
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Violations of the rights of any person or company protected by 版权, 商业秘密, patent or other intellectual property, or similar laws or regulations, 包括, 但不限于, the installation or distribution of "pirated" or other software products that are not appropriately licensed for 使用 by 欧亚体育.
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Unauthorized copying of 版权ed material 包括, 但不限于, digitization and distribution of photographs from magazines, books or other 版权ed sources, 受版权保护的音乐, 受版权保护的视频, and other related items.
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出口软件, technical information, encryption software or technology, in violation of international or regional export control laws, 是非法的
文件共享
In 2008 Congress passed the Higher Education Opportunity Act. The Act’s provisions are intended to reduce unauthorized duplication of 版权ed works through peer-to-peer (P2P) file sharing on campus networks. Users of 欧亚体育 computers and network should be aware that P2P may be recorded and stored along with the source and destination. File-sharing is the process of exchanging files over the Internet. One of the most common forms of file-sharing is using Peer-to-Peer (P2P) Most P2P usage (which comprises a significant fraction of all file-sharing) is against the law beca使用 it involves the sharing of 版权ed materials without permission from the 版权 owner (版权 infringement), usually music (MP3) or movie files, 还有电视节目, 书籍和图像. Students and others who engage in unauthorized distribution of 版权ed material, 包括 illegal P2P file sharing, may be subject to civil and criminal liabilities. P2P files are subject to the requirements of the Texas Public Information Act and the laws applicable to state records retention.
文件共享策略
This policy applies to Peer‐to‐Peer (P2P) 使用d within 欧亚体育 and P2P 使用d conjointly with the Internet and does not supersede any state or federal laws, 或者其他的
隐私
Users of 欧亚体育 computers and network should keep in mind that all P2P may be recorded and stored along with the source and destination. 员工 have no right to privacy with regard to P2P. Management has the ability and right to view 使用rs’ P2P on state systems. P2P files are subject to the requirements of the Texas Public Information Act and the laws applicable to state records retention.
Personal and College Use
欧亚体育 does not permit any personal 使用 or college 使用 of Peer‐to‐peer technologies or file sharing sites on the campus network.
限制
P2P Usage on the College campus is not permitted.
Federal Penalties for Copyright Violations
根据联邦法律, a person found to have infringed upon a 版权ed work may be liable for actual damages and lost profits attributable to the infringement, and statutory damages from $200 up to $150,000, 每个侵权. The 版权 owner also has the right to permanently enjoin an infringer from further infringing activities, and the infringing copies and equipment 使用d in the infringement can be impounded and destroyed. If a 版权 owner hired an attorney to enforce his or her rights, the infringer of a work may also be liable for the attorney's fees as well as court costs. 最后, criminal penalties may also be assessed against the infringer and could include jail time of up to 10 years depending upon the nature of the violation. 在很多情况下, 版权 law does not require the person committing the violation, or responsible for the violation, be aware that their actions are in violation of law. The absence of knowledge - or even intent - does not exc使用 the violation and is not a defense in a 版权 infringement lawsuit.
大学学科
Individuals who violate this policy may be denied access to college computing resources and may be subject to other penalties and disciplinary action, both within and outside of the college. Violations will normally be handled through the college disciplinary procedures applicable to the relevant 使用r.
然而, the college may temporarily suspend or block access to an account, prior to the initiation or completion of such procedures, when it reasonably appears necessary to do so in order to protect the integrity, 安全, or functionality of college or other computing resources or to protect the college from liability. The college may also refer suspected violations of applicable law to appropriate law enforcement agencies. The college may also specifically monitor the activity and accounts of individual 使用rs of college computing resources, 包括 individual login sessions and communications, 不另行通知, when there is reasonable ca使用 to believe that the 使用r has violated, 或者违反了, this policy or it is otherwise required or permitted by law. Any such individual monitoring must be authorized in advance by the 总统 or the 总统’s designees.
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