One of the most prevalent forms of abuse on the Internet today is the act of copyright infringement. This is generally the result of the use of peer-to-peer (P2P) file sharing, MIRC, or through the operation of a FTP server. Copyright infringement is a federal crime and can result in large fines as well as a jail sentence. In addition to the legal issues created by the use of P2P software its use can also cause serious security and privacy issues for its users. Improper configuration can result in the sharing of personal information including e-mail and financial data. Some of this software has also been known to contain Trojan software that allows hackers access to the infected system which can result in the system being used for other illegal activities.

 

Here are some sites that provide additional information on file sharing and copyright infringement:

• MusicUnited.org
• RIAA
• MPAA

 

1. What is the DMCA?

 

The DMCA is the Digital Millennium Copyright Act. This is a federal law that prohibits copyright infringement on the Internet. Information regarding this can be found at http://www.copyright.gov/legislation/dmca.pdf. Insight, like it's customers, is responsible for following the laws as set forth by the United States government and as such, must take the action as outlined therein when receiving a report of copyright infringement.

 

2. What can happen to me if I am found to be guilty of copyright infringement?

 

The copyright holder has the option of taking both civil and criminal legal action. Civil liability can result in fines of up to $150,000 per infringed work. Criminal liability can result in fines up to $250,000 and 5 years in federal prison.

 

3. Why does Insight suspend my service if I am found to be in violation?

Under the DMCA, once the responsible party is identified, Insight is required to immediately disable access to the material being made available. In order to do this Insight must suspend service to the responsible customer and notify them that this action was taken.

 

4. How does Insight find out about customers that are trading files?

These reports are sent by Copyright holders or their assigned representatives such as a lawyer, trade group (i.e. RIAA, MPAA, IDSA), or a private company hired by them.

 

5. Does this mean that I can't download music or movie files?

No, there are many Web sites available where a variety of music and movie files can be downloaded legally. This would be a site that has obtained the legal authorization of the particular artist or company to make their works available online. Many of these sites do charge access fees.

 

6. What if I upload or download music to or from a server that is based outside of the U.S.?

If you are in the United States, U.S. law applies to you regardless of where the server may be located.

 

7. How do I know if something is copyrighted?

If you did not personally create the file or do not have documentation showing that you have the rights to that file, then the file is most likely copyrighted by the creator of the song, video, software, etc. You can check with the originator of the file for specific copyright information.

 

8. Doesn't the "Fair Use doctrine" give me the right to download and upload copies of music I've purchased?

No. The use of a copyrighted work for purposes of criticism, comment, news reporting, teaching, scholarship or research might not constitute infringement. However, the courts have rejected the notion that uploading and downloading copyrighted sound recordings without permission constitutes the "fair use."

 

9. Is it illegal to upload music onto the Internet even if I don't charge for it?

 

Yes, if the music is protected by copyright and you don't have the copyright holder's permission. U.S. copyright law prohibits the unauthorized distribution of copyrighted creative work whether or not you charge money for it.

 

10. How can I prevent this from happening?

The best thing to do is to not use Peer-to-Peer file sharing software. But if you are using this type of software you should be sure to disable the sharing function. Most often this is enabled by default so that anything that you download can be downloaded from your machine once it is in the shared folder. Please be aware that Insight does not support the use of these software packages and will not provide any type of assistance regarding them. This information is provided for informational purposes only.

 

 

Notice and Procedure for Claims of Copyright Infringement

 

The Digital Millennium Copyright Act of 1998 provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the DMCA, if you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you should provide the following information to our designated copyright agent (identified below):

1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owners behalf.

 

2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.

 

3. Identification of the location where the original or an authorized copy of the copyrighted work exists (for example the URL of the website where it is posted or the name of the book in which it has been published).

 

4. Identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.

 

5. Your name, address, telephone number, and e-mail address.

 

6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

 

7. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owners behalf.

 

 

Our designated copyright agent for notice of claims of infringement on this site can be contacted as follows:

 

 

Sherman Hand
Director, Data, Network and Corporate Security, Fraud and Abuse

Postal Mail Address:
Insight Midwest, L.P.
10200 Linn station Rd
Louisville, KY 40223

Telephone Number: (502) 410-7145
Facsimile Number: (502) 410-7101
E-mail Address: dmca@insightbb.com

 

For Technical Support, please call 1-800-273-0144.