UMass Lowell recognizes that there are legitimate uses for file sharing and does not want to block or limit those who need to collaborate with others. However, UMass Lowell is obligated to take certain steps to comply with the Higher Education Opportunity Act (HEOA) of 2008 regarding peer-to-peer file-sharing and copyright requirements, including disclosure and technology-based deterrents.
Disclosure
In conformance with the law, UMass Lowell reminds students that the unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, is a violation of Federal Law and University Policy.
Criminal penalties may include prison sentences of up to five years and fines of up to $250,000, or both. Civil penalties can result in awards of up to $150,000 per violation in addition to legal fees.
University policy prohibits illegally copying, distributing, sharing, downloading or uploading copyrighted music, movies, software and games. Upon receipt of a copyright infringement notice, the alleged offender will be notified, reeducated on the policy, and any infringing material removed from UMass Lowell systems. Failure to conform to policy can result in suspension of network privileges. Repeat offenders may be referred to Student Affairs for further disciplinary action.
Technology-Based Deterrents
UMass Lowell maintains a plan to effectively combat unauthorized distribution using technology-based deterrents.
There are four categories of "technology-based deterrents" under the HEOA that institutions can use to meet this requirement.
- Bandwidth shaping
- Traffic monitoring to identify the largest bandwidth users
- A vigorous program of accepting and responding to Digital Millennium Copyright Act (DMCA) notices
- A variety of commercial products designed to reduce or block illegal file sharing
UMass Lowell has chosen to deploy technology-based deterrents found in categories 3 and 4.
In accordance with HEOA, UMass Lowell reviews this plan at least annually, using insights from student interactions, cases of recidivism, and external factors such as new technologies and changes in fire sharing trends.
Legal Alternatives
Legal Alternatives for downloading can be found on: