Are you downloading and/or sharing music, movies, TV shows, or software using P2P software such as BitTorrent, Limewire, eDonkey?
Unauthorized downloading and distribution of copyrighted material (songs, movies, software, games, etc.), is illegal and in violation of Federal Copyright Laws and may subject you to civil and criminal liabilities.
From the U.S. Department of Education:
Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws
Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive
rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code).
These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context,
downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.
Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil
copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than
$750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000
per work infringed. A court can, in its discretion, also assess costs and attorneys' fees. For details, see Title 17,
United States Code, Sections 504, 505.
Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and
fines of up to $250,000 per offense.
For more information, please see the Web site of the U.S. Copyright Office at www.copyright.gov, especially their
Frequently Asked Questions (FAQ) at www.copyright.gov/help/faq.
If you are found to be violating any copyrights, you may be subject to both civil and criminal penalties (up to $150,000 per item infringed upon plus any attorney and court fees) in addition to any UH disciplinary sanctions.
The University of Hawaii investigates all copyright violation complaints.
The suspected computer will be blocked immediately from accessing the University of Hawaii's network.
If the computer associated with the copyright violation activities can be linked to an individual, the individual must contact and meet with the campus representative or the ITS Security Officer & sign the UH Copyright Notification Letter.
Unauthorized downloading and distribution of copyrighted materials is illegal and in violation of UH policy E2.210: Use and Management of Information Technology Resources.
All unauthorized copies of any copyrighted materials must be removed immediately
If the user is a student, the student is advised their actions also violated the University of Hawaii Systemwide Student Conduct Code.
If the complaint is found to be a REPEAT OFFENSE, in addition to receiving another copyright infringement notice, an official complaint will be filed with the appropriate Dean and/or Director requesting disciplinary action and sanctions in accordance with University due process. This complaint may appear on the individual's permanent University records.
Legal File Sharing Alternatives
There are many alternatives to illegal file sharing. In addition to borrowing materials from the University of Hawaii's libraries & public libraries, numerous legal and commercial options exist.
EDUCAUSE has compiled an extensive list of legal online content complete with links to these resources.
University of Hawaii DMCA Designated Agent
Please send copyright complaints to: dmca-agent@hawaii.edu
