File Sharing FAQ

University policy explicitly prohibits individuals from using its computer systems and networks to violate copyright law. Some peer-to-peer file sharing—including uploading or downloading copyrighted music—may violate copyright law. It is important for all users of the University's systems to understand their responsibilities and the University's obligations regarding copyright.

  1. What is peer-to-peer file sharing?
  2. File sharing is the process of making files available for other users to download and use. Peer-to-peer (P2P) sharing is when individuals store files on their personal computers and enable their computers as servers so that others may download the files.

  3. Is peer-to-peer file sharing unlawful?
  4. Peer-to-peer file sharing is not, itself, unlawful. It is what and how one shares files using peer-to-peer networks that that may or may not be lawful. There are many legitimate and lawful uses of peer-to-peer networks. There are also unscrupulous and unlawful uses of those networks. It is the responsibility of all University constituents who use peer-to-peer technology to do so lawfully.

  5. What is appropriate file sharing and what isn't?
  6. Unless you are the copyright holder or have express permission to share someone else's copyrighted works, you are almost certainly violating someone's copyrights if you upload copyrighted works to the Internet to share via a peer-to-peer network.

    While there are some circumstances in which unauthorized downloading may be lawful, downloading songs instead of purchasing them is clearly unlawful. Unless you are the copyright holder or have express permission to download someone else's copyrighted works, you are highly likely to be violating someone's copyrights if you download copyrighted works via a peer-to-peer network.

  7. What is the University doing to educate the campus community?
  8. The University consistently has created an environment in which students, faculty, and staff can learn about the contentious issues of the day and about complex legal matters. Peer-to-peer file sharing is one of those issues.

    Since the emergence of Napster, the first popular peer-to-peer file sharing service, the University has addressed file sharing issues during new student orientation sessions and hosted educational activities each semester to inform about and provide intellectual engagement around these issues. There have been and continue to be a variety of symposia, panel discussions, legal presentations, research presentations and organized colloquy across the disciplines.

    Moreover, many University websites, publications, policies and activities draw attention to peer-to-peer file sharing and the issues surrounding it. When University constituents first receive a campus computing account, they are admonished about the importance of complying with law, including prohibitions on copyright infringement.

  9. Which University policies address peer-to-peer file sharing?
  10. The University prohibits unlawful peer-to-peer file sharing and other forms of copyright infringement through a variety of policies and guidelines, which include:

  11. What are the sanctions for violating University policies?
  12. Sanctions for violating University policies include:
    • First time infringers typically receive a warning and guidance.
    • Persistent infringers may lose access to their U-M accounts for short or long durations or receive other sanctions consistent with the specific case.
    • Employees may be terminated or receive other sanctions.
    • The University follows a Digital Millennium Copyright Act (DMCA)-compliant process that responds to valid DMCA take-down notices within 24 hours.

  13. Where can I find information related to copyright issues?
  14. The copyright website includes information on copyright issues and file sharing.

  15. How did the Recording Industry Association of America (RIAA) track me down? Why am I being targeted?
  16. The University doesn't know the specific method the RIAA uses to identify individuals on campus. Nonetheless, the RIAA is able to identify IP addresses that it alleges were unlawfully used to upload copyrighted music to the Internet.

    The RIAA has begun a more targeted campaign to discourage unlawful peer-to-peer file sharing by focusing its efforts on postsecondary institutions.

  17. How many people are being sued by the RIAA?
  18. We have received notice of more than a dozen notifications of the RIAA's intent to sue individuals associated with specific IP addresses at the University of Michigan.

  19. How and when will I be notified if I'm in violation?
  20. The University will notify all owners of offending IP addresses as soon as possible. As of March 6, we have not assembled a complete list of alleged offenders, but as we do, an attorney from the Office of General Counsel will contact each individual directly.

  21. What if I don't want to settle with RIAA? What are my options?
  22. With the threat of any lawsuit, it is a good idea to consult an attorney. If the RIAA sues you and you don't want to settle, the alternative is to defend yourself against the lawsuit.

  23. What if I fail to respond to a notice of violation?
  24. If an individual fails to respond, the RIAA will file a lawsuit in Federal District Court. The RIAA will issue a subpoena to the University compelling it to disclose the name associated with a particular IP address.

  25. Will the University defend me?
  26. No, the University cannot defend individual students. The Office of General Counsel may not accept students as clients in this context. If you are contacted, it is recommended that you seek independent legal representation.

  27. If I have been named in a lawsuit, can I go to Student Legal Services for help?
  28. Yes. Students named in lawsuits can contact Student Legal Services for counseling and further action as warranted.

  29. Will the University also seek disciplinary action against me?
  30. Students who have received previous written warnings regarding peer-to-peer file sharing may receive disciplinary action from the University.

  31. Should I delete all software and files from my computer?
  32. In this context, it is entirely up to each individual what programs and files they keep on their computers. However, if the RIAA has targeted your IP address, it has all the information it needs. Destroying evidence will not invalidate the case against an individual.

  33. How do I know if I have file-sharing software on my computer?
  34. Generally, individuals must download the software needed for file sharing. If you are not sure if you have this software, please contact one of the following sites for assistance:

  35. Could I be in violation for downloading music or is this just for file sharing (uploading)?
  36. Yes, it is possible to unlawfully download music. However, the RIAA typically targets individuals who have uploaded (shared) files. Nonetheless, unlawful downloading or uploading of copyrighted music is a violation of University policies and (of course) the law.

  37. How can I stop people from getting into my files? How can I protect myself?
  38. The University of Chicago has developed an excellent website listing the most common peer-to-peer clients with instructions on how to disable file sharing on each one.

  39. Why doesn't the University remove the technology/software from campus computers that enable illegal file sharing?
  40. Most file sharing takes place on computers owned by individuals. The University does not have the authority to unilaterally remove these applications from personal computers. Moreover, there are many legitimate and lawful uses for these applications, for instance in research, teaching, and scholarship.

    A number of P2P providers exist on the Internet, some legitimate, some not. Individuals who download music or videos from these sites may be exposed to the software that enables file sharing. In order to avoid sharing, the individual must know how to "turn off" that feature. The UChicago website previously mentioned does a very good job of explaining how to disable such file sharing.

  41. Where can I go for support and/or questions?
  42. A wealth of information on copyrights, fair use, and file sharing is posted on the University's copyright website. In addition, questions or concerns may be sent to the user advocate (itua@umich.edu) or the copyright group (copyright@umich.edu), or you may call the Office of the General Counsel (734.764.0304), or the ITCS help desk (734.764.HELP). Students in the Residence Halls can contact the ResComp Help Desk (734.647.1133) for assistance.