File Sharing
Remember that you are ultimately responsible for any uploading or downloading of files from your computer that infringe on copyright.
Duke receives “cease and desist” infringement notices almost daily from representatives of the music and motion picture industries and other copyright owners. As mandated by the Digital Millennium Copyright Act, the university passes along such notices to those individuals who have registered computers/devices which are associated with the IP address(es) (IP) at the time given in the notices. Duke has been actively promoting copyright awareness for several years. For a general overview and answers to commonly asked questions about copyright, please see the University IT Security Office’s Copyright FAQ.
Answers to commonly asked questions regarding Duke’s recent interactions with the RIAA are below.
Frequently Asked Questions
- What is the RIAA?
- What are “cease and desist” infringement notices?
- What are preservation notices?
- What are RIAA "early settlement" letters?
- So how does the RIAA obtain the IP owner's identity?
- How many of the "early settlement" letters has Duke received?
- What should someone do who has received a letter?
- What has happened to those who've received the letters?
- Are those who receive the letter in trouble with Duke?
- What happens if Duke receives a subpoena for identifying information?
- Where can I get more information?
- What is the RIAA? The MPAA?
- RIAA stands for the Recording Industry Association of America. The RIAA is the trade group that represents the US recording industry. More information on the RIAA can be found on their website at www.riaa.com. MPAA stands for Motion Picture Association of America. It is the movie industry equivalent to the RIAA, and more information about their organization can be found at www.mpaa.org.
- What are "cease and desist" infringement notices?
- Trade groups such as the RIAA and MPAA, as well as companies such as HBO and Paramount, have been sending cease and desist letters to Duke since 1999, asking that the university forward them to the individual associated with a given IP at a given time. Under the Digital Millennium Copyright Act of 1998, Duke is legally required to forward these letters with the instructions that the individual remove any copyright-infringing material he or she is accused of having. Also known as takedown notices, these infringement notifications are forwarded via email, and once the individual has responded to the university that the alleged infringing material has been removed, Duke responds to the trade group or company and the matter is concluded. Duke received about 1,450 infringement notices in 2007.
- What are preservation notices?
- The RIAA sometimes sends preservation notices to Duke indicating that they intend to subpoena information from the university. Once notified, Duke is legally required to preserve the requested data - if it has the data - or risk punishment for destroying evidence. Duke received about 50 preservation notices in 2007. The RIAA's preservation notices often note that an "early settlement" letter may be forthcoming. Duke will notify users via email when information that could be used to identify them has been preserved in response to a preservation notice.
- What are RIAA "early settlement" letters?
- In March 2007, the RIAA began asking Duke, in the university's role as an Internet Service Provider (ISP), to forward "early settlement" letters to the registrant associated with an IP address at a given time who is being accused of infringing on RIAA copyrights. The letter puts forth a settlement amount the RIAA is willing to accept in order to avoid taking the case to court. Duke is not legally required to forward these letters since they are not part of a legal process in identifying or resolving copyright violations, but has decided to forward the letters (via certified mail and email) to the alleged infringers so that they have the fullest information possible about the RIAA's allegation and can make informed decisions on how they wish to respond.
- So how does the RIAA obtain the IP owner's identity?
- The RIAA works through the court system to serve Duke with a subpoena requiring that the university turn over the identity of the person most closely associated with an IP. The university will not turn over the identity of individuals without a valid court-ordered subpoena; the university is legally required to respond to a valid subpoena.
- How many Duke users have received "early settlement" letters?
- In 2007, early settlement letters were forwarded to 33 users. In 2008, 17 early settlement letters have been forwarded to Duke users between January and October.
- What should someone do who has received a letter?
We suggest that those who receive a letter talk to a parent or trusted advisor, and consider seeking independent legal advice. The Office of Counsel at Duke University does not provide legal advice to students. More information about attorneys who are defending these cases can be found at:
http://recordingindustryvspeople.blogspot.com/2007/01/directory-of-lawyers-defending-riaa.html
http://www.subpoenadefense.org/legal.htmThese sites are provided to you as INFORMATION ONLY.
- What has happened to those who've received the letters?
- These settlements tend to be private and not disclosed to the university.
- Are those who receive the letter in trouble with Duke?
- The RIAA is accusing an individual at an identified IP address. If it turns out the person has violated any laws and/or university policies, Duke may take action. Violation of university rules governing appropriate use of IT resources may result in loss of access privileges, university disciplinary action, and/or criminal prosecution.
- What happens if Duke receives a subpoena for identifying information?
- If Duke receives a valid subpoena, it complies with the legal order to provide information. In the past, such subpoenas have included a deadline. When identifying information about an individual is subpoenaed, Duke notifies the individual by email and certified mail [SB1]that it will provide the information by the subpoena deadline. This notification is given with as much advance notice as possible, so that the individual may consult with a parent or trusted advisor, or seek independent legal counsel.
- Where can I get more information?
Wikipedia:
File Sharing
File Sharing and the Law
Copyright
Spyware
Duke University:
Copyright FAQ
Other resources:
Recording Industry Association of America
P2P United
United States Copyright Office
Stanford University Copyright and Fair Use websiteRegardless of any information you may read and follow in this or any other article, you are ultimately responsible for illegal file sharing and copyright violations that may result from having file sharing of any type enabled on your computer.
For additional support regarding alleged copyright infringement and/or potential university or legal consequences, please contact the Dean of Students Office at deanofstudents@studentaffairs.duke.edu or 919-668-3853.

