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Peer-to-Peer File Sharing Copyrighted Material

Clarke University supports the Higher Education Opportunity Act and the Digital Millennium Copyright Act. Clarke University students are prohibited from using the Clarke University information network to illegally download or share music, video and all other copyrighted material. Be aware that illegal forms of downloading and file-sharing as well as the unauthorized distribution of copyrighted materials, including unauthorized peer-to-peer file sharing, are violations of the law and may subject you to not only academic sanctions from the University, but also civil and criminal penalties.

Academic disciplinary actions may include revocation of network access (meaning loss of e-mail and course web site access), referral to Student Life for further sanctions, or even suspension from the University. Persons may be held civilly liable for substantial damages and attorney’s fees. The law entitles a plaintiff to seek statutory damages of $150,000 for each act of willful infringement. Copyright infringement also carries criminal penalties under the federal No Electronic Theft Act. Penalties for a first offense may be as high as 3 years in prison and a fine of $250,000.

Clarke makes every effort to block internet peer-to-peer file sharing and can monitor the network for illegal activity, and reserves the right to block or restrict excessive bandwidth usage by individuals, group, or by application.  The University will cooperate with any lawful legal action directed at users of our network.

There are easy and affordable ways to get music online legally. To protect their intellectual property, companies have licensed hundreds of digital partners that offer a range of legal downloading options, including download and subscription services, legitimate peer-to-peer services, video-on-demand, podcasts and CD kiosks. For a list of sources that offer legal downloading sites, access http://www.educause.edu/legalcontent.

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