Common Questions about Computer Misuse and Copyright Violations

Acceptable Use Policy

What are the most common types of Internet copyright infringement?

The most common complaints concern unauthorized distribution of copyrighted music and movies, although sharing copyrighted software and audio books are also problems. Unauthorized use of copyrighted materials violates both federal and state laws, is potentially subject to civil and criminal legal action, and violates University policy. This includes downloading, file-sharing, and uploading copyrighted material.

Why is this such a big deal?

As your Internet service provider, Virginia Tech is obligated to follow up on all alleged and suspected violations of state and federal law, as well as code of conduct violations. Failure to do so could result in Virginia Tech being non-compliant with federal and state law(see Digital Millennium Copyright Act). Access to computer systems and networks owned or operated by Virginia Tech requires certain responsibilities and obligations for students, faculty, staff, and guests. University network users are subject to University policies, as well as local, state, and federal laws. Acceptable use is ethical, reflects academic honesty, and shows restraint in the consumption of shared resources. It demonstrates respect for intellectual property, ownership of data, system security mechanisms, and individuals' rights to privacy and to freedom from intimidation and harassment. Thus, University constituents are responsible for following policies of acceptable use for the computing network.

Who is notified when a copyright has been violated?

Virginia Tech does not monitor the content of network traffic—only the volume. Typically, the copyright owner or the owner's officially designated agent sends an e-mail to Virginia Tech with the details of what material is being compromised, by which Internet protocol (IP) address, and the dates the activity was observed. In compliance with federal laws, a University staff member researches the information to identify probable offenders, advises them to immediately cease the illegal activity, and refers that information to Judicial Affairs. Judicial Affairs gives the machine's owner/user a chance to resolve the problem before deactivating connections.

What happens after Virginia Tech has been notified of a copyright violation?

Residents in the room originating the violating IP address are contacted by e-mail. E-mail messages are sent to all roommates because it would require a visit to the room to ascertain which student's machine is connected to the portal in violation.  As such, the roommates are called on to clarify which individual will be assinged sanctions. The e-mail from judicial@vt.edu will read as follows: "It has come to our attention that copyrighted material is available for public access from a computer in your room. Specifically ..." When you receive the e-mail, you must send a reply within 24 hours (one business day) of the time the e-mail was sent to you stating what steps you have taken to stop sharing of the copyrighted file(s) listed in the complaint. If your reply is not provided within the specified time period, your network portal will be deactivated. It will not be reactivated until you provide clear evidence that the problem with your computer has been resolved.  Failure to do so will result in further judicial action and lead to your network connection being shut off. Residents who have not engaged in a University policy violation must respond to the e-mail and state their version of the situation. Once you reply to the e-mail, your network connection speed will return to normal within 24 to 48 hours. If you require technical assistance with removing the file-sharing client, contact the Virginia Tech Computing Consultants at 4Help at (540) 231-4357 or 4help@vt.edu. Judicial Affairs will issue a sanction to students who affirm or are suspected to have participated in an Acceptable Use Policy (AUP) violation of file sharing/uploading.     

What if I receive an e-mail and I wasn’t the one who violated the AUP? What happens if my roommate and I both deny responsibility for the violation?

Each resident is expected to reply to the e-mail and respond by explaining the situation. If you are not responsible for the violation, you must state so in your e-mail. Additionally, you need to talk to your roommate to ensure he or she assumes responsibility for the policy violation. If both residents implicated by the e-mail complaint deny responsibility for the policy violation, a judicial hearing will be scheduled to determine who is responsible.

What are the typical sanctions for violating copyright with respect to the University judicial system?

Depending on the nature of the violation and whether or not a student has prior judicial referrals, sanctions can range from a formal warning to denial of network access. For first-time AUP offenses, the typical sanction includes a formal warning and attendance of the CHOICES workshop. Should another violation occur, the individual may be subjected to a temporary denial of network access or may receive another sanction as appropriate to the circumstances.   

What is a formal warning?

A student is officially notified that his or her actions have constituted a violation of University policy and are, therefore, inappropriate. Further violations may result in more serious disciplinary action.

What is the CHOICES class and why do I have to take it?

The philosophy of the University judicial system is to guide students toward more mature and ethical decision-making. One means of achieving this is to provide educational assignments. The CHOICES class is an interactive workshop designed to examine ethical decision-making. Its goal is to allow students to reflect on the situations that brought them to the workshop and to explore their own ethical decision-making. In order to complete the course, students must complete a workbook and demonstrate active participation in all discussions and activities. Information shared in the workshop remains confidential to ensure everyone feels free to participate. This is the standard sanction for first-time AUP offences.

When will I receive further information regarding the CHOICES class?

After your appeal period is over (according to the letter you received) you will be assigned a CHOICES class. This will take place three to six days after the appeal date. Judicial Affairs will look at your academic schedule to find a class that does not conflict. You will be contacted via e-mail regarding the date and time of you class.

How can I avoid unknowingly violating copyright laws?

If you obtain free copies of music, movies, or software that is typically available for a fee in a store or over the Internet, it is very likely that you have violated copyright laws. By installing or subscribing to a file-sharing or peer-to-peer service (e.g., Gnutella, Bearshare, KaZaA, LimeWire, BitTorrent, Morpheus) the user agrees to offer up music or movie files stored on their computerby default, whether knowingly or not.  Peer-to-peer software is designed to share files of music, movies, etc., on the your computer, regardless of other system file-sharing settings. Having peer-to-peer software can cause your computer to share or upload files without your participation once that software is installed. Be sure you are using reliable software that doesn’t violate any copyrights. Be educated about the software you are using. 

I didn't mean to upload, distribute, or share files with anyone else. I set the software not to upload files and it did anyway. Why did that happen?

File-sharing software is designed to share files. By default, the user agrees to offer up music or movie files stored on their computer, whether knowingly or not. If you have this software on your computer, you need to either change the uploading settings (which may not be possible) or uninstall it altogether. Be sure you are using reliable software that does not violate any copyright laws. Be educated about the software you are using and be aware of the potential outcomes of installing such programs.

What do I do if I want to request a hearing for this case?

If you’d like to request a hearing for your case, e-mail judicial@vt.edu including your name, case number, the appeal date stated in the letter you received, and a request statement. You must do this before your appeal deadline. There are no exceptions. Remember, if you intentionally or unintentionally uploaded copyrighted files, you are responsible for the AUP violation. Lack of knowledge of University policy or software capability is not a valid reason to find you Not Responsible for a University policy violation. If you have peer-to-peer software on your computer that uploaded copyrighted files with or without your knowledge, you are also responsible for the AUP violation. You are responsible for what's on your computer and for how it is used. You are also responsible for what happens as a result of the software installed.   

Just how much trouble can a person get into over copyright infringement?

Unauthorized use of copyrighted materials violates both federal and state laws, is subject to civil and criminal legal action, and is a violation of Virginia Tech's Acceptable Use Policy. To date, the vast majority of copyright complaints have been handled exclusively by campus authorities. Regardless, copyright owners may also pursue legal remedies, if they so choose.  Finally, avoid downloading copyrighted material for “free”. Just because it easy to obtain without paying for it doesn’t mean it is legal. A good rule of thumb for determining whether a work is copyrighted or not: If you could visit a local department store to find that artistic creation and would have to pay for it to take it home, it is almost certainly copyrighted. When in doubt, assume it is copyrighted.

So what should I do now?

If you have a peer-to-peer service on your computer, you need to either disable the uploading features(which can be difficult or impossible to do, even after clicking the “do not share files” feature), or uninstall it all together. There are a lot of music and some files on the Internet that are not copyrighted. These web sites should clearly indicate the works are not copyrighted or that they may be freely downloaded, if copyrighted. If not, steer clear of them.

Read the Copyright Primer for more information.

 

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