Dear Students:

As part of our educational and scholarly mission, Santa Clara University is committed to facilitating open access to information through our computer networks. However, we cannot facilitate violating the intellectual property rights of others via those networks. Sharing music, videos, software, games and other copyrighted works in violation of copyright laws is illegal and can expose you and the University to civil and criminal sanctions, as well as sanctions under Santa Clara University’s policies.

Let me be clear about the University’s position regarding use of Santa Clara’s computer networks and computers: equipment and communication paths are not to be used for illegal activities. This means that file sharing of copyrighted materials violates the University’s acceptable use policy (http://it.scu.edu/policies/NetPolicy.shtml) and can lead to disciplinary action towards offenders.

The Recording Industry Association of America (RIAA), the Motion Picture Association of America (MPAA), and other copyright holders have been aggressive in enforcing their rights under copyright law. Last year the University received 166 notices alleging copyright infringement under the Digital Millennium Copyright Act (DMCA), nearly twice as many as had ever before been received in a single year. In the first two weeks of the current academic year, the University has received as many notices as it did during all of fall term last year!

The DMCA requires that the University respond to such complaints by eliminating access to the infringing materials. Santa Clara procedure in case of notification is to temporarily remove network access and refer the student to the appropriate internal disciplinary procedures. Continued violation of copyright laws can lead to permanent loss of network access or to other sanctions. If the infringing files are placed on a University-owned machine, or the works have been downloaded by a student employee, the University may also be exposed to potential liability.

There is substantial personal liability associated with file sharing of copyrighted materials, up to $150,000 in damages per infringing work (i.e., having 1,000 infringing songs on a student’s hard drive could mean damages of $150,000,000). Actual jury awards to copyright holders in cases that have gone to trial have been as high as $80,000 per infringing work.

Court rulings compel universities to identify individuals (provide name, address, telephone number, and email address) associated with machines suspected of containing infringing materials if we receive a subpoena requesting such information. The University has complied with copyright infringement subpoenas received in the past, and will continue to do so.

Note that a single offense is enough to subject you to a suit, or the threat of a suit. You may also remain liable for financial damages, and be subject to suit, even though you comply with University requirements in response to a DMCA notification.

Regardless of your personal view of the ethics related to file sharing of copyrighted materials, it is an illegal activity, one with potentially serious repercussions criminally and financially, and for your relationship with the University.  Please don’t place yourself in such a difficult position.

Over the next several weeks Information Services will be putting additional information about file sharing at SCU on the University web site at http://www.scu.edu/filesharing. Should you have any questions about file sharing, now or in the future, please contact Ron Danielson, Vice Provost and Chief Information Officer.

Thank you, in anticipation, for your understanding regarding this issue.

Michael Engh, S.J.