DMCA FAQ’s

Q. What is “file-sharing?”

A. File-sharing is the process of exchanging files over the Internet. The most common forms of file-sharing are: running an FTP server or using an FTP program, utilizing Internet Relay Chat (IRC), and using Peer-to-Peer (P2P) programs such as KaZaA (which uses the FastTrack protocol), LimeWire (which uses the Gnutella protocol) or BitTorrent. Peer-to-Peer programs typically share files by default, to allow the maximum amount of sharing across the network.

 

Q. So what’s the issue?

A. Most P2P usage (which comprises a significant fraction of all file-sharing) is against the law because it involves the sharing of copyrighted materials without permission from the copyright owner, usually music (MP3) or movie files, but also TV programs, books and images.

The controversy over file-sharing and copyright has been flaring since the appearance of Napster in 1999, but more recently, in 2007 the Recording Industry Association of America (RIAA) undertook a campaign of suing people for downloading or uploading copyrighted material without permission. That campaign has now ended, but as of June 2007, the RIAA had taken action against 18 Stanford students. For the text of a Stanford lawsuit, click here (PDF). Because the RIAA’s enforcement efforts regarding file-sharing have focused on them, students and the universities that provide their Internet connections have high stakes in the debate.

 

Q. How does copyright law work?

A. Original expressions of ideas are copyrighted for a certain period of time (generally the lifetime of the author, plus 70 years), including such mundane works as the papers you write for class. Copyrighted materials are everywhere around you: songs, movies, TV shows, photographs, magazines, books, software, plays and Web sites are just a few things that are subject to copyright protection. Although it has not always been the case, today copyright applies automatically to works upon their creation, and it is not necessary (although there are good reasons) to register the copyright to be afforded copyright protection.

The copyright of a work gives the holder a limited monopoly on reproduction, distribution, and display of that work. When you buy or are given a copyrighted work, you get limited use of it, but not the right to distribute it. So, you can listen to your CD, read your book, and watch your movie, and even lend the original to a friend, but you can’t give a copy to your friend without permission from (and generally payment to) the copyright holder. You can play a recent song on the piano (assuming you know how), but you can’t perform it for an audience without permission. In the Internet domain, it is probably OK to make a copy of the CD you bought so that you can listen to songs on your iPod or other portable digital music player, but its NOT OK to give that song to your friend without permission from the copyright owner, or allow it to be shared on a P2P system that will give others access to the song without paying for it. And, it is NOT OK to download copyrighted songs, movies, books or images for your personal enjoyment without paying for them (unless you have the express permission from the copyright owner).

There are certain limitations to copyright, most notably “fair use,” which allows you to use a small portion of a work in an academic setting. So, you can legally quote a copyrighted work in a paper you write, assuming you give credit to the source. Bear in mind, though, that fair use of copyrighted material requires that your source of the material be legitimate. In a class presentation you can show an excerpt from a TV show that you have on a legal DVD, or even that you taped when it aired. You cannot, however, legally show the exact same excerpt from a pirated DVD, or a video file that you downloaded off the Internet without permission.

Of course this summary of copyright law is a simplification, and not a legal document. For details, see the U.S. Copyright Office.

 

Q. What is the DMCA?

A. DMCA stands for Digital Millennium Copyright Act. Passed in 1998, the DMCA provides “limitations for service provider liability relating to material online” and specifically contains a section that stipulates a university’s responsibilities as an Internet Service Provider (ISP). In other words, the DMCA tells Stanford what it can and cannot do with respect to facilitating the transfer of files. The University as a service provider can give its users the connections they need to transfer files, but if any illegal activity is detected, the University must guarantee that the transfers have ceased. The DMCA holds the University liable if illegal file transfers persist but limits the University’s liability if it cooperates fully with every aspect of the law.

Q. Why do the copyright owners care?

A. Copyright owners, especially the RIAA and MPAA, claim financial damages, in the form of billions of dollars in lost revenues from file-sharing activity.

Q. What are my obligations under the law, and what are the legal risks?

A. Essentially, the law stipulates that you cannot have anything on your computer that you do not own. More importantly, you cannot share any file to which you do not have the legal rights. Currently, copyright violations can result in civil penalties of up to $150,000 per violation. Theoretically, if you send 10 people a copy of a song you ripped, you might be facing statutory damages of $1.5 million dollars. In addition to civil liability, there is potential criminal liability in copyright cases– with penalties depending on the number and value of products exchanged.

Downloading (taking) and uploading (sharing) content are both fraught with risk. In the John Doe action involving a user of the Stanford network, the purported defendant had purchased most of the music, which was then made available on KaZaA. The purported defendant did not think the actions were so culpable because, after all, the purported defendant had paid for the music. Clearly the plaintiffs in the law suit disagreed with the John Doe’s assessment. On the downloading front, a student with multiple DMCA complaints raised the point that she only downloaded TV shows, which she could have legally recorded on a VCR or DVR (digital video recorder) when they aired, so where was the harm? For better or worse, the “harm” question is not really the downloaders’ question to ask. Copyright owners get to call the shots about whether their material is shared online, and the downloader is left to bear the responsibility for not respecting the copyright owners’ decisions.

Most University policies also forbid illegal file-sharing; please see the next several questions for potential institutional consequences.

 

The following list is just a sampling of Web sites offering free and legal music in one form or another. For a much more comprehensive list, visit 1 Million Free & Legal Music Tracks.

Portals

Record labels

Streaming sites

 

 

  • Question: What is the purpose of copyright law?
  • Answer: Copyright law provides an incentive to create software, music, literature and other works by ensuring that the creator will be able to reap the financial benefits of the work.

 

  • Question: What are the penalties for copyright infringement, such as making infringing copies of software?
  • Answer: In a civil suit, an infringer may be liable for a copyright owner’s actual damages plus any profits made from the infringement. Alternatively, the copyright owner may avoid proving actual damage by electing a statutory damage recovery of up to $30,000 or, where the court determines that the infringement occurred willfully, up to $150,000. The actual amount will be based upon what the court in its discretion considers just. (17 U.S.C. 504)
  • Violation of copyright law is also considered a federal crime when done willfully with an intent to profit. Criminal penalties include up to ten years imprisonment depending on the nature of the violation. (No Electronic Theft Act, 18 U.S.C. 2319)
  • >>top

 

 

Question: What is contributory infringement?

Answer: The other form of indirect infringement, contributory infringement, requires (1) knowledge of the infringing activity and (2) a material contribution — actual assistance or inducement — to the alleged piracy.

Posting access codes from authorized copies of software, serial numbers, or other tools to assist in accessing such software may subject you to liability. Providing a forum for uploading and downloading any copyrighted file or cracker utility may also be contributory infringement. Even though you may not actually make software directly available on your site, providing assistance (or supporting a forum in which others may provide assistance) in locating unauthorized copies of software, links to download sites, server space, or support for sites that do the above may contributorily infringe.

To succeed on a contributory infringement claim, the copyright owner must show that the webmaster or service provider actually knew or should have known of the infringing activity.

 

 

Question: Can I copy or distribute software that is out of print and has been abandoned for years?

Answer: The right to “Abandonware” is largely a myth. Even a title that seems to be abandoned or in the public domain is probably still protected by copyright, which (for works created after 1978, which includes most relevant software) lasts 75 years from the date of first publication, as specified in 17 U.S.C. 302(c). Unlike trademarks which may be abandoned when not in use, copyright owners are not required to actively market works to the public, offer technical support, or even stay in business in order to keep their protection.

 

Question: Isn’t sending my friend a music file from a CD I already own just like loaning her the physical CD?

Answer: Loaning someone your CD or even selling (but not renting) it is protected by U.S. copyright law since no additional copies are being made. However, when you send a music file to someone else, you retain your copy and an additional copy is made. This copying may violate the exclusive rights of copyright holders.

Question: Aren’t I allowed to make a backup copy of my software?

Answer: Yes, but only for specifically authorized archival purposes, as specified in 17 U.S.C. sec. 117(2). This does not authorize sharing or selling of backup copies. The rule allows transfer to another person only with the explicit authorization of the copyright owner and only if he original copy is transferred. Backups for individual use and those considered “an essential step” in using the software with an individual’s computer are also authorized.

Question: I didn’t know that what I was doing could be illegal. Am I off the hook?

Answer: No. Copyright infringement actions do not require that you actually knew that the files were protected by copyright or that your use of the files violated federal law. Claims of ignorance cannot be used as a defense to direct copyright infringement, Lack of knowledge, is, however, a defense to contributory infringement. See What is contributory infringement?

 

Question:
Do Universities provide the identity of users to copyright holders without a subpoena?

Answer:
NO

Colleges and universities receive what are known as “DMCA notices.” DMCA notices according to the Digital Millennium Copyright Act are particularized notices, which mean that a copyright holder claims ownership of specific material allegedly being distributed illegally from an Internet Protocol Address (I.P. address) through the Internet Service Provider to whom they send the notice.

Any University as a matter of policy responds to those notices by blocking the IP address. It then sends the individual to whom the IP address is assigned a letter regarding the matter. The recipient of the letter has three choices: to delete the infringing material and cease and desist from the activity; to report it as a security incident if in fact that is the case; or to file a counter-notice alleging that he or she has legal use of the material. Connectivity is restored depending on the nature of the response. In the case of intentional file sharing of infringing material the offender is referred to the Office of the Judicial Administrator. The University does not report the name of the alleged offender to the copyright holder without a subpoena requiring such identification.

 

Q: What is Peer-to-Peer (P2P) networking?

A: P2P is a decentralized type of computer networking where files reside on individual client computers rather than on centralized servers. P2P programs include Kazaa, Bearshare, ArezWarez, Bittorrent, Gnutella, DirectConnect and Azureus.

Q: Is P2P illegal?

A: P2P is not inherently illegal. However, using P2P technologies for the purpose of downloading and sharing copyrighted files is illegal under the terms of the DMCA.

Q: What are some common P2P applications?

A: Common P2P applications include ArezWarez, Azureus, Bearshare, Bitcomet, BitTornado, Bittorrent, Gnutella, Direct Connect, eMule, eDonkey, iMesh, Kazaa, Limewire, Shareaza, rTorrent, uTorrent, Thunder, Transmission, and WarezP2P.

Q: Am I at risk if I never share files when I run P2P programs?

A: Yes! Many P2P programs, like Bittorrent, share downloaded files by default. You may be sharing files even though you never explicitly configured specific files or directories to be shared!

Q: May I share music or videos that I have purchased?

A: No!

Q: Am I at risk of being prosecuted under the DMCA if I only download a single song?

A: Yes. The recording and motion picture industries will take action against users responsible for downloading a single copyrighted file.

Useful configuration tips for popular P2P applications

This information is provided as is with no guarantees. Please be advised that violation of copyright laws can result in serious penalties. Never share or distribute material for which you do not own the copyright. These steps keep you from sharing files, but downloading files you don’t have the right to own is also illegal, and can also lead to serious consequences.

For a list of services/Web sites where you can legally get digital music, click here.

KaZaA

  1. From the Tools menu select Options
  2. Select the Traffic tab
  3. In the box labeled “You can define the maximum number of simultaneous uploads here: ___” set the number to 1 (If you choose not to share files: check the box for “Disable sharing of files with other KaZaA users”)
  4. Select the Advanced tab
  5. Check the box for “Do not function as a SuperNode”
  6. Uncheck the box “Optimal bandwidth use when computer is idle”

To set the files that are shared from your computer:

  1. From the Tools menu select Find Media to Share
  2. Click the Folder List button
  3. Check off all folders that are to be shared.

Note: Programs based on the Kazaa protocol need to disable the “supernode” function. The way that the Kazaa protocol works, any site is enabled to be a supernode (enable on by default). A supernode acts as a distribution point for Kazaa network information and IRC traffic. In addition to limiting uploads to one, the supernode ability should also be disabled.

Morpheus

  1. From the Edit menu select Preferences
  2. On the left, select Transfer
  3. Check the box for “Maximum simultaneous uploads” and set the number to 1
  4. On the left, select Network under the Local heading
  5. Select “Regular node on the internet”

To set the files that are shared from your computer:

  1. From the Edit menu select Preferences
  2. On the left, select Share
  3. Click to Add or Remove shared directories

BearShare

  1. From the Setup menu select Uploads
  2. Fill in the following sentence: “Allow up to ___ uploads at a time, with no more than ___ per person” – set both numbers to 1.
  3. You may also want to uncheck the following options: “Activate the built in personal web server” and “Make shared files available to web-based search engines”

To set the files that are shared from your computer:

  1. From the Setup menu select Sharing
  2. Click to Add or Remove folders under “Share the files in these directories and their subdirectories”

LimeWire

  1. From the Tools menu select Options
  2. On the left, click the arrow next to Uploads to expand the options beneath it
  3. Select Slots
  4. On the right, set the following three values to 0: Uploads per person, Start upload slots and Max upload slots

To set the files that are shared from your computer:

  1. From the Tools menu, select Options
  2. On the left, select Sharing
  3. On the right, click to Add or Remove folders

AudioGalaxy Satellite

  1. Click the Go button to launch the Web interface
  2. Set the pulldown for “limit simultaneous transfers to ___” to 1
  3. Click the Change button

To set the files that are shared from your computer:

  1. In the AudioGalaxy Satellite (not the Web interface) select Edit Shares from the File menu
  2. Click to Add or Remove folders

Gnucleus

  1. From the Edit menu, select Preferences
  2. Under Network, select “Regular node on the internet” and uncheck “Able to become ultrapeer”
  3. Under Transfer, set “Maximum simultaneous uploads” to 1

To set the files that are shared from your computer:

  1. Click “Shared Files” from the toolbar or Connections window
  2. Click the “Configure Sharing” button
  3. Click to Add or Remove shared directories

 

Question:

How do I uninstall file sharing programs, such as BitTorrent, BearShare, KaZaa Media Desktop, LimeWire, and Morpheus, in Windows XP/Vista/7?

Answer:

4Help recommends that you always use the Add/Remove Programs utility to uninstall registered programs, including file sharing programs. Failure to use this tool can cause problems with your operating system.

To remove peer-to-peer (P2P) programs from your computer:

  1. Uninstall the P2P program(s) using the Add/Remove Programs utility. For instructions, refer to Uninstalling a Program in Windows XP/Vista/7.

Note: If your P2P client does not appear in the list of programs or does not uninstall properly, reinstall it and repeat the above instructions.

  1. If it exists, delete the P2P program(s) folder:
    1. Click the Start button.
    2. View the drives on your computer.
  • In Windows XP, select My Computer.
  • In Windows Vista/7, select Computer.
  1. Double-click the icon of the drive on which you installed the file sharing program.
  2. Double-click the Program Files folder icon.

Note: If you are running a 64-bit version of windows, double-click the Program Files (x86) folder icon instead. If the program for the P2P client is not in this folder, then repeat the steps as directed.

  1. Right-click the P2P client’s program folder icon.
  2. From the drop-down list, select Delete.
  3. Click the Yes button.
  4. If prompted by a folder access denied window, click the Continue button.
  5. In Vista, click the Continue button.
  6. Close all windows.
  7. Remove any adware or spyware that the P2P program(s) may have installed on your computer. For more information, refer to Preventing, Detecting, and Removing Spyware.

 

 

 

Your Content. Your Way.

Want to get movies and TV shows easily and quickly online? You’re not alone. Fortunately, there’s a fast-growing array of ways to connect with the content you love.

Make sure to check back from time to time for updates!

WHERE TO FIND YOUR FAVORITE MOVIES & TV SHOWS ONLINE

  • ABC.com Video Player
  • Amazon Instant Video
  • Blockbuster Online
  • Bravo Videos
  • Cartoon Network Video
  • CBS Video
  • CinemaNow
  • Comedy Central Video
  • Crackle
  • Criterion Online
  • The CW Video
  • DirecTV Watch Online
  • Dish Online
  • Disney Video
  • Epix
  • Fandor
  • Film Fresh
  • Fox.com Video Player
  • FX Networks
  • HBO GO
  • Hulu
  • IMDb Video
  • iTunes
  • Jaman
  • Jaroo
  • mSpot Movies
  • MTV Video
  • myLifetime Video
  • NBC Video
  • Netflix Watch Instantly
  • Nick.com Videos
  • PBS Kids Go! Video
  • PlayStation Store
  • Road Runner Video Store
  • ShowTime Previews
  • Superpass
  • TBS Videos
  • TheWB
  • TNT DramaVision
  • TV Land Video Player
  • TV.com Video
  • USA Network Full Episodes
  • Uverse Online
  • VH1 Full Episodes
  • Vudu
  • Xfinity TV
  • Zune Video

 

Ipad Tricks and Software

Useful iPad Apps for Teaching and Learning

March 6, 2012

There are so many that come out on a regular basis I just choose a few.

Apps that come on the iPad

Calendar, Contacts, Notes, Maps, Videos, YouTube, iTunes, the App Store, Settings, Safari, Mail, Photos, and iPod

Consider this

How to run Flash on a iPad… Use the Photon Browser…

It directs the web page you are looking at to another server and then streams the output to your ipad..

Apps I found useful:

1. Keynote $9.99 if you want to do presentations with your iPad (of course this requires the iPad Doc Connector) Will let you save it as PPT file type.
you can manage the presentation files via iTunes or iWork.com or email there are other ways too.

2. Pages $9.99 It has some nice built in templates that allow you to easily create documents and add images as long as you use one of their pre-formatted templates. Compatible with multiple types (.doc files) and will let you save in word format (.doc )
You can manage the document files via iTunes or iWork.com or email there are other ways too.

3. DocsToGoPremium – $16.99which is great. It handles, PPT, DOC, DOCX, PPS image formats, etc. and supports a variety of image files types, and will easily save to the cloud or you can email, or transfer files.

Quickoffice -$19.99 is great to use, it is compatible with Office comes with Spreadsheet and Document format, both 2003 and 2007 formats, has a file structure, and you can create folders to store content. I like to be able to link to an ip address to upload/download files. You can also email them to yourself.

4. Kindle – Free- You just need to buy the books–really fast download, great highlight and annotation tools, great search-ability. I love it.

5. iBooks – Free- Similar to Kindle, though I like Kindle best.

6. Adobe ideas for the iPad –Free– great for drawing on the fly, easily email to your self can save multiple pages

7. Auditorium Notes with Dropbox and Text –$2.99 — Excellent app, you can record while you take notes! Love it

8. Dropbox –Free– gives you 2000 megs of online storage, and you can access your stuff from any computer.

9. Penultimate –$3.99– This one is like Adobe ideas but does not give you as many options, and it works like a binder where you can keep your hand written notes. You can also email yourself a page

10. Instapaper Free lets you “read a web page later. You get the app and then get a free online account that installs the read later bookmark which makes the whole thing work.

11. PhotoGene for the iPad –$3.99– has nice photo editing tools and you really will need one if you are going to have pictures on your iPad

12. Go Docs –$3.99– works with all docs handled by google Docs. looks like a great app, I need to play with it, but if you use google docs, this is a must.

13. Calculator XL –Free– You just need a plain old calculator sometimes!

14. Voice Memos — $.99 –is a nice record only app. It is good to have a recorder of some kind. You could create audio reminders, etc. Or there is also the recorder

15. Camera for the iPad –$.99– lets you connect your iPhone camera wirelessly to your iPad.

16. Art Studio — $ 2.99 lets you draw, paint and edit photos. very cool, and it is half off right now. (You have to start with a photo on this one.)

17. Sketchbook Pro –$3.99 — the best drawing from scratch tool. Also half off some days. It lets you export your files etc. This one draws from scratch, uses layers, really nice. Made by autocad.

18. NASA — Free — Not all of the resources work on the ipad because of flash, but a lot of them work and you can even download the pictures taken by the Hubble.

19. Good Reader –$1.99– Great app for PDF’s has some kind of OCR software that lets you annotate, search etc. pdfs though they warn you that if the scan was to image, the search, highlight etc. will not work. A Must have!

20. Star Walk— $4.99– Cool apps, and if you are an astronomy buff it is cool because you can aim it at the sky and it will help you with the constellations. I like it They have also come out with GeoWalk. I don’t have this one but it looks interesting.

21. SpanishDict  — Free—This is a great online tool that ties into the  splanguage program books used at SCU…

22. Notebility… 3.99..  this is the reason you got a ipad… Get a  pen for 5 dollars at Central computer and off you go. writes on the screen, review pdf doc, draw pictures and record a lecture all in one. Plus it very easy to use…

Social Networking

Twitter

Facebook

TweetDeck

Utilities

textPlus.  Free

Better that Apples built in because it exceed the 10 person max limit..

AutoWifi $1.99 lets you easily connect to the wireless without having to type the password

MapQuest the FREE app, functions like a GPS and will talk you home

Brother iPrint&Scan … The app controls the scanner on my home network and imports the doc directly to use in Notability… The printing part did not work correctly

Games 

Angry Birds, Aw Craps, Penguinlite, FS Hockey, Tiger Woods PGA tour 12, BFBC 2, Fruit Ninja , Beer Pong