Criminal Penalties and University Sanctions for Illegal File Sharing
Federal Copyright Law www.copyright.gov, specifies that the reproduction or distribution of copyrighted work is illegal and the following penalties apply:
Civil and Criminal Penalties for Violation of Federal Copyright Laws
In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see title 17, United States Code, Sections 504, 505.
Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.
University Procedures and Sanctions for Illegal File Sharing
The Office of Computer Information Services (OCIS) will disable computer network access if a computer appears to be connecting to multiple other computers or exhibiting other properties that violate the University’s network usage policy. When a port is disabled, the registered owner of that computer will be notified that the computer could potentially be compromised, and will be offered contact information to assist in cleaning/repairing the software on that computer. Once the problem has been rectified, the computer will be allowed back on the network. Kean University does not support or tolerate in any way the downloading or sharing of copyrighted material and this is an explicit violation of university policy and United States copyright laws.
When notifications of copyright violations are received from recognized groups, such as the Recording Industry Association of America’s (RIAA), the registered owner of the computer will be notified. Access to the network will be removed for 14 days. After 14 days, if the offending material has been removed, the computer will be allowed back on the network. The appeal process is through the Office of the Vice President for Student Affairs.
A second violation will result in the computer being banned from the network for one month. After one month, if the offending material has been removed, the computer will be allowed back on the network.
A third violation will result in the computer being banned for a semester. In addition, the user will be required to meet with the Office of Student Conduct and further disciplinary action may be taken against the user at that time (http://www.kean.edu/~conduct).