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Respecting
Intellectual Property Rights
Penn is an academic
institution whose members regularly produce and use copyrighted
materials. We take seriously our responsibility to respect the intellectual
property rights of others. University policies prohibit the use
of the University's electronic resources to infringe intellectual
property rights, and the University investigates and takes appropriate
action when allegations of infringement are brought to our attention.
Copyright
infringement takes different forms:
Computer Software
Computer software
can frustrate you or liberate you--mostly the latter. Most software
used for everyday purposes at Penn is commercial software and is
provided by vendors who have the right to expect that users are
responsible in acquiring and paying for what they use. Sometimes
it can seem easy or advantageous to "borrow" a copy of
software someone else has paid for. To do so is theft and puts both
the individual and the university at serious risk. We all have a
responsibility to keep Penn computers legal.
There are several
ways in which what is legally recognized as "software piracy"
can come about--sometimes through carelessness more than through
any deliberate dishonesty. Somebody in a position of responsibility
may allow more software copies to be installed than is permitted
by the software license. Another way is when faculty, staff or students
carelessly make copies without checking if the number of allowable
copies has been exceeded. Some people trade copyrighted software,
often over the Internet. Such activity subjects the institution
and the individuals involved to civil and possibly criminal penalties,
as well as unfavorable publicity. In February, 2000, Temple University
paid $100,000 to settle claims of illegal software copyright. In
1997 the City of Philadelphia paid $121,000 to settle similar claims.
The following practices
will help to ensure that illegal software copying does not become
a problem:
- Budget appropriately for your software
purchases.
- Make sure that you are getting
the best price for software. Through the Penn Computer Connection
in the Penn Bookstore, the University makes the vast majority
of software products used on campus available to faculty, staff
and students at substantial discounts. Additionally, the Office
of Software Licensing negotiates campus-wide site licensing agreements
or volume purchase agreements are negotiated. For details, see:
www.upenn.edu/computing/licenses/.
- As new software is purchased, retain
licenses, registration and invoices centrally in your department
or unit. Periodically audit your computers to ensure that the
number of software copies installed falls within the number permitted.
All faculty, students
and staff are reminded that the unauthorized copying of licensed
computer software is a violation of University policy, as quoted
below. If you have questions about this policy contact David Millar,
University Information Security Officer at (215) 898-2172 or security@isc.upenn.edu.
If you know or
suspect that serious violation of software copyright is occurring
on University computing facilities, you may report what you know
anonymously to the Corporate Compliance Office reporting number,
1-888-BEN-TIPS.
Digital Music And Video
Digital music and
video files allow users to play music and watch videos downloaded
over the Internet. The extraordinary power of this capability should
be exercised with the following considerations:
(1) Sharing
copies of any copyrighted media (virtually all commercially available
music and video are protected by copyright) is illegal and
(2) The size
of the files and the popularity of the media has caused serious
problems at many institutions, where network bandwidth has not been
sufficient to support the traffic. At Penn, we are monitoring the
impact on network traffic closely and working with campus organizations
to promote awareness of safe and legal computing strategies. The
following considerations should be kept in mind.
1. File sharing
services work by making your machine a network server for other
people's benefit. This certainly reduces the network bandwidth
available to you to use, most likely slows down the performance
of your computer, and it opens a potentially disastrous security
hole in your machine. Once you let people from all over the world
have access to some of your files, they are then in a position
to have damaging access to the whole of your machine. In general,
you should exercise caution installing new, untested software
on your computer which might open up security vulnerabilities
without your knowledge. If you plan to use file sharing software
for legal purposes, be sure to configure it properly so that your
files are not served on the network.
2. If you
copy and share or receive copies of commercial music or video,
you are very likely breaking the law by violating the US Copyright
Act. Intellectual property owners are aware of this and pursue
violators aggressively. If you violate copyright law you have
placed yourself in a very vulnerable position, risking criminal
and civil penalties including substantial fines.
For details of
Penn's regulations and procedures, see the Acceptable Use Policy
(www.upenn.edu/computing/policy/aup.html)
and the PennNet Computer Disconnect Policy (www.upenn.edu/computing/policy/disconnect.html).
University
policy on Unauthorized Copying of Copyrighted Software
The University
of Pennsylvania does not condone or tolerate the unauthorized copying
of licensed computer software by staff, faculty, or students. The
University shall adhere to its contractual responsibilities and
shall comply with all copyright laws, and expects all members of
the University community to do so as well. Members of the University
community who violate this policy may be subject to discipline through
standard University procedures. An individual or University department
engaged in the unauthorized copying or use of software may also
face civil suit, criminal charges, and/or penalties and fines. Subject
to the facts and circumstances of each case, such individuals or
departments shall be solely responsible for their defense and any
resulting liability.
--James J. O'Donnell,
Vice Provost for Information Systems and Computing
Almanac, Vol. 48, No. 11, November 6, 2001
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ISSUE HIGHLIGHTS:
Tuesday,
November 6, 2001
Volume 48 Number 11
www.upenn.edu/almanac/
The
Packard Foundation awards a fellowship to Dr.
Max Tegmark of physics and astronomy. |
Dr.
Antonio Merlo is named director of the Penn Institute for
Economic Research. |
Dr.
Jean Howard has been named the Catherine Bryson Professor. |
Dr.
Sheila Murnaghan has been named the Alfred Reginald Allen
Memorial Professor in Greek. |
A
special section of Knowledge@Wharton,
a Wharton web site, provides Survival Strategies for the Post
-Attack Economy. |
The
University Council meets on Wednesday
for the annual reports on the State of the University. |
The
Trustees approve resolutions and
report on finances, facilities, external affairs, neighborhood
initiatives, investments and more at their fall meetings. |
The
Code of Conduct for Penn Apparel
Licensees is republished in accordance with its obligation
for public accountability. |
Respecting
intellectual property rights
is a responsibility taken seriously by Penn; allegations and
infringements are investigated. |
A
Commitment to Our Community is the theme of the Penn's
Way 2002 workplace charitable campaign which has a goal
of raising $400,000. |
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