PROTECT :File-Sharing FAQs
Q. What is "file sharing" or "P2P"?
A. File sharing is a way that computer users can give each other access to literally
millions of music, video (movie), game and other software files and programs. Special
software that users download from the Internet connects the user's computer to a
network of thousands (or even millions) of other computers that have also downloaded
the same special software. The software application—also commonly referred to as
peer-to-peer or P2P software—allows the user to search for and download files that
reside on another user's computer. It also allows other users to look at and download
files from your computer. By using P2P software, users can share songs, music, games,
and other software with the thousands or millions of other users connected through
the P2P or file sharing network.
Q. Is file sharing lawful?
A. While the courts have not ruled that file sharing or P2P software itself is illegal
(and there are lawful uses of such software programs), the use of these programs
to download or share unauthorized copyrighted material—like songs, movies, games,
and other software—without the permission of the owner of the copyright, is illegal
and can lead to significant civil financial liability and potential criminal liability.
Not all use of P2P software is unlawful, however. File sharing can be permissible
where the copyright owner has authorized sharing or where the work is in the public
domain (for example, works authored by employees of the federal government or for
which the copyright protections have expired or were never properly invoked by the
owner).
Q. How can I tell if file sharing or P2P software is on my computer?
A. It is not too difficult to determine if file sharing or P2P software has been
installed on your computer, and if so, whether it has been used to download music
or other copyrighted content. Here are a few things to look for:
- Do you have file sharing or P2P software on your computer? If you have file sharing
or P2P software on your computer, then your computer may have been used to download
music or movies onto your computer and to share those files with others. If the
files were downloaded and/or shared without the permission of the copyright owner,
then the downloading and sharing of those files may be unlawful. To find out if
you have file sharing software on your computer, follow the steps in "How to find
(and remove) file sharing software on your computer," below.
- Where are music, video, or other files located on your computer? If music, movie,
game, or other software files are located in a "shared folder" on your computer,
the files may have been downloaded using a file sharing or P2P program. Many file
sharing or P2P software programs use a shared folder to store downloaded files.
The content in this shared folder is then made available to others for downloading
unless the sharing application on the software has been disabled. These shared folders
may also be used by third parties to gain access to private information on your
hard drive.
- Do you have current song, movie, game, or software titles on your computer? Nearly
all current content available on the Internet is subject to copyright from its moment
of creation. For example, if you check for files with a .mp3 file extension (you
can use the "Search" application on your desktop to do this by clicking on the "Start"
button, then selecting "Search for Files and Folders" and entering "*.mp3" in the
search box), this will show you all the files on your computer in the mp3 format
common for downloaded music. If you see mp3 music files on your computer, ask the
person who downloaded the music where he or she got it and whether they used a file
sharing or P2P program. If they did, you may well have illegally downloaded music
on your computer.
Q. What are the penalties for unlawful downloading or sharing of copyrighted content?
A. Unlawful downloading or sharing of copyrighted content can subject you to liability
for copyright infringement. The penalties for illegal downloading or sharing of
music, movies, games and other copyrighted material are substantial. Under the copyright
laws of the United States, the fines for copyright violations can be up to $150,000
per recorded work—that is, per song, per movie or per game. In certain instances,
criminal penalties may also apply. The bottom line is that copyright infringement,
as the illegal act is known, is illegal and the penalties are severe.
Q. What is the copyright industry doing to enforce copyrights?
A. The Recording Industry Association of America (RIAA) and the Motion Picture Association
of America (MPAA) have been very aggressive in pursuing copyright infringers—those
who use file sharing or P2P software to download and share copyrighted music (in
the case of the RIAA) and movies (in the case of the MPAA). They have filed thousands
of lawsuits in court against the people who download and share copyrighted content.
Many if not all of the lawsuits settle, but even those who settle are often required
to pay thousands of dollars, to pay the cost of their attorney, and to agree never
to commit further copyright violations.
Q. What can I do to help protect myself from legal liability?
The best protection from a lawsuit is not to download (or share) copyrighted content
unless it is from a source where you know the copyright owner has given his or her
permission to do so. There are hundreds of sources of legal music on the Internet,
and many other sites offer the opportunity to purchase (and in some cases download
for free) music, movies and games legally.
Another thing you can do is look for file-sharing software on your computer, and
if you find it, uninstall it. Follow the steps in "How do I find (and remove) file
sharing software from my computer?" below, and delete any content in the shared
folder that was downloaded from the Internet.
Q. How do I find (and remove) file sharing software from my computer?
There are a few ways to find out if your computer has file sharing software on it.
- First, look at the system tray—the little strip of icons at the bottom right of
your computer screen. Run the cursor over each icon in the tray and see any of the
file sharing or P2P program names (KaZaa, Limewire, Morpheous, Grokster, iMesh,
Blubster, etc.) pop up. If you see one of these programs, then that program is currently
running on your computer.
- Do a "Search" query on your computer to look for one of the P2P software names.
Click on "Start" (located in the lower left corner of your computer screen), then
choose "Search." Select "Files and Folders" and enter the names of the P2P software
programs in the Find prompt. Any computer files associated with the name you entered
will be displayed
- Look at the installed programs on your computer. Click on "Start" and select "Control
Panel" from the list. Choose "Add/Remove Programs" from the list and the menu of
software programs installed on your computer will appear. Look for the name(s) of
the file sharing or P2P software programs.
If you find any of these file sharing or P2P programs on your computer and want
to remove them, return to the "Add/Remove Programs" screen discussed in Item 3,
above, and follow your computer's instructions for removing the software. Usually,
this will require you to click on the software you want to remove then click the
"Remove" button. This should uninstall the software.
Also, you can disable the "file sharing" application on the P2P software program.
This will prevent others from downloading files from you, but won't prevent your
computer from being used to download files from others.
For more information on file sharing, check out these sites:
- Consumer Reports (www.consumerreports.org/static/0309pir0.html)
- Federal Trade Commission (FTC) (www.ftc.gov/opa/2003/08/filesharing.htm and www.ftc.gov/bcp/conline/pubs/alerts/sharealrt.htm)
- Recording Industry Association of America (www.riaa.com)
- Motion Picture Association of America (www.mpaa.org)
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