Publications on this site are provided in Hypertext Markup Language (HTML), Portable Document Format (PDF), and some are provided in both formats. You may download the free Acrobat Reader from the Adobe site to view a PDF. Contact your County Extension office for printed copies.
Publications
Publications on this site are provided in Hypertext Markup Language (HTML), Portable Document Format (PDF), and some are provided in both formats. You may download the free Acrobat Reader from the Adobe site to view a PDF. Contact your County Extension office for printed copies.
i-Legal
Staying in Tune with Your Music Downloads
4 pages So What’s the Big Deal?
The big deal is that downloading and sharing
illegally obtained music is against the
law. It is a crime that is punishable not
only in criminal courts but in civil courts,
as well. The bottom line is that it’s stealing.
Consider this: Your favorite singer has just released a brand new album and you are desperate to get a copy. Unfortunately, it’s still a few days until payday. Would you stop by the store on the way home from work, pick up the CD, and stuff it in your jacket or purse and head home? Hopefully not! You would be arrested for shoplifting and end up in big trouble. Downloading music without paying for it is the same thing—it’s shoplifting. It’s stealing, and it’s against the law.
Many people see downloading music from the Internet as a “victimless crime” because nobody gets hurt. In reality, by downloading music illegally, you are stealing from the artists and recording companies.
Additionally, many of these illegal music websites use peer-to-peer file sharing software. This software leaves your computer exposed to viruses and spyware that you can, in turn, pass to others in your office. You would be guilty of sabotaging the network infrastructure, which is a violation of the MSU security policy (OP 01.12).
Can You Live with the
Consequences?
Downloading music illegally is a big deal
and it has big consequences, as well.
Before you download music illegally,
make sure you understand these points
- Illegal music download can cost you $250 per song (for each time the song is shared) in criminal courts.
- You can be taken to court and sued for up to $250,000 and taken to court.
- You can be imprisoned for up to 5 years.
- If you are sued in civil courts, you can be fined a minimum of $750 per song.
- Having illegal music or file sharing software on your computer is a violation of MSU policy.
Peer-to-Peer (P2P) Networks:
How Do They Work?
Downloading illegal music works
because of something called peer-to-peer
networking. Also called P2P, it works
based on a concept called “nodes.” In
order to download music (illegally), you
have to download a piece of software to
your computer. This, in turn, connects
your computer to many other computers
in the world that are using that same
software. Each computer on the network
is a node, and all of the nodes put together
make up the file sharing network.
Once you have the software downloaded, all of the music files that you have loaded onto your personal computer become available to everyone else on your network for download. In essence, people can come directly into your computer and copy files from your computer or download files to your computer. This is what makes P2P networking so dangerous— you may want the latest country single, but you may very well end up with porn, spyware, or viruses.
By using the P2P network, you are opening up your computer to the world. P2P networks need bandwidth (bandwidth refers to how much music can be downloaded in a given time period) to work successfully. By downloading music, you are consuming valuable bandwidth that can prevent your computer or others in your office from being productive.
How Does the RIAA Know the Music
Downloaded on My Computer is Illegal?
One of the primary reasons people download music
illegally is that it is “free,” and they operate under the
cloak of anonymity—they think nobody will ever know
they just downloaded a couple hundred music files illegally.
Unfortunately, this is simply not true. So how do
they know you are downloading music illegally?
The Recording Industry Association of America maintains a list of all of the songs created by its artists. Each song is imprinted with a digital “hash mark,” or electronic fingerprint, so the RIAA can decipher whether or not the song is legitimate.
The RIAA has a security firm that searches for illegal file sharers. This company scans the music networks looking for illegal music. When they find a song being illegally downloaded, they obtain the IP address of the computer that is hosting the music and the computer that is downloading the music.
Once they know the IP address, they can then determine who the IP address is registered to. For example, if you have the IP address 192.208.123.456, that IP address tells the RIAA that someone at Mississippi State University Extension Service is downloading music illegally. Remember, when you installed the P2P software, you also made your IP address available. The IP address is a unique number that identifies your computer on the network.
Once they know the Internet Service Provider (ISP), in this example MSU, the RIAA sends a notice to the ISP asking that the song be removed from the computer. At this point, the RIAA does not know who is downloading the music; they only know the IP address. If they decide to sue the individual, they must first subpoena the ISP (in our example MSU), requesting the disclosure of the individual’s name.
If It’s on My Computer,
How Do I Get It Off?
Many people are under the impression that if they
delete the file sharing software from their computers,
the RIAA will no longer target them, but this is not the
case. Most P2P file sharing networks create a “shared”
folder on your hard drive under your profile. It is this
shared folder that contains all of the illegal music that
can get you in trouble with the RIAA. Even if you
uninstall the software, the shared folder remains.
These are the three steps to removing file sharing software and music:
- Uninstall the file sharing software.
- Delete the shared folder.
- Delete any of the illegal music files from your playlist and/or iPod.
If you discover that you have illegal music on your computer, it would be wise to remove the computer from the network until the offending files have been removed. It is strongly suggested that you remove the files and have the computer reloaded.
What About My Kids?
Can They Be Held Responsible?
Yes. If your child downloads music, he or she will face
the same punishments as any other user. There is no
distinction between a child and an adult when it
comes to downloading and sharing illegal music.
Usually the RIAA will file a lawsuit against the parents
first. If the case is dismissed because the parents
are not actively downloading music, the RIAA will refile
against the child.
If you think your child might be the target of legal action, you can check out www.eff.org to see if a subpoena has been issued for you or your child. Should you become involved in litigation with the RIAA, the Subpoena Defense Organization has compiled a list of resources that will walk you through the process. You can find this list at www.subpoenadefense.org.
It is unlikely that a child will be sued because they typically don’t own much of value, but it is possible. It is highly likely that a child’s parents will be sued. The more songs they have downloaded, the higher the risk. The RIAA usually starts getting serious when 100 or more songs have been downloaded. The greatest risk to children occurs when the music they think they are downloading turns out to be pornography
Where Can I Download Music Legally?
Downloading music legally is a great way to compile
all of your favorite music without having to buy a lot
of CDs and music you don’t want. But when it comes
to downloading music, you need to be careful.
Some sites ask that you pay a fee to use the site before you download the music. These sites leave you exposed because you are just paying to use the software— you’re not paying for the music. Other sites, such as Usenet, are equally murky because you pay a monthly download fee. While use of such sites is still up for debate, you should know that the RIAA has begun filing lawsuits against such websites.
So What’s the Bottom Line?
If you are an employee of the Mississippi State
University Extension Service, you need to know
the following:
- According to the MSU security training that you completed online, you are responsible for all activity conducted on your computer—whether you did it or not.
- You are solely responsible for any penalties levied against you (both criminally and civilly) as a result of action taken against you by the RIAA.
- It is required that you remove all illegal music from your computer, or your network port will be shut down.
- If CAS is notified by the RIAA that they have found you in violation, we are required to refer the incident to Human Resources. Your boss and the vice president for Agriculture, Forestry, and Veterinary Medicine will be notifed.
- Under no circumstances will CAS reveal the identity of an Extension employee who has been named as an offender by the RIAA unless subpoenaed to do so by the courts. If this happens, you will be notified in writing that your name is being released.
Want To Know More?
Check out the i-Legal video found on our website:
cas.ext.msstate.edu.
Legal or Illegal:
Do You Know the Difference?
For each of the situations below, mark “L” for legal or “I” for illegal.
- ____ Your co-worker emails you a song from her iPod for you to play during your end of year banquet slide show. Is it legal for you to use it?
- ____ The people who were at the banquet want a copy of the slide show. Can you burn a CD of the slideshow (with music) for them?
- ____ You buy the latest CD from your favorite artist and download three of the songs from the CD to your iPod to have something to listen to as you work out. Is this legal?
- ____ Having downloaded a lot of great songs to your mp3 player, you decide it’s time for the rest of the family to appreciate your love of Gregorian chants. So you upload all of your music to a file sharing network so they can more easily download the music. Is this legal?
- ____ You’ve got some great music that you’re listening to when all of a sudden your co-worker instant messages or emails to say it is so quiet in the office and ask if you have any music he can listen to. You immediately send him a couple of songs. Legal or not?
- ____ The children’s choir at church is practicing for an upcoming musical. You bought the original CD, but funds are limited, so you decide to burn a copy of the music for each of the 15 kids. That way, they can practice in the car. Is this legal?
- ____ You decide to download a couple of songs from a website. You are not asked to pay for the songs, and you will not be sharing the songs with anyone else. Legal or not?
- ____ Using an online service such as Usenet, you pay $9.95 a month to download as much as you want. Since you paid for it, you go ahead and download a thousand songs and a couple hundred movies. Legal or not?
Answers:
1.) Illegal 2.) Illegal 3.) Legal 4.) Illegal 5.) Illegal 6.) Illegal 7.) Illegal 8.) Illegal
Copyright 2010 by Mississippi State University. All rights reserved. This publication may be copied and distributed without alteration for nonprofit educational purposes provided that credit is given to the Mississippi State University Extension Service.
By Mariah Smith, Extension Instructor, Computer Applications
Discrimination based upon race, color, religion, sex, national origin, age, disability, or veteran’s status is a violation of federal and state law and MSU policy and will not be tolerated. Discrimination based upon sexual orientation or group affiliation is a violation of MSU policy and will not be tolerated.
Publication 2584
Extension Service of Mississippi State University, cooperating with U.S. Department of Agriculture. Published in
furtherance of Acts of Congress, May 8 and June 30, 1914. MELISSA J. MIXON, Interim Director
(POD-03-10)