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BitTorrent Inherently Illegal? 857

Nohbdy001 asks: "Today I received a letter from my university's network administration advising me that my network access would be terminated due to 'illegal P2P activity.' The P2P activity that the e-mail cited was BitTorrent and the file being transferred was an update to the Azureus BitTorrent client. The letter stated, 'Until the courts decide that student P2P activity is permitted we will continue to block this activity on our network,' implying that BitTorrent is inherently illegal. It seems such misunderstandings are common, but it is particularly frustrating when coming from people in the IT field. How can a student respond to such an accusation in order to defend the validity of BitTorrent and continue to benefit from its legitimate uses?"
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BitTorrent Inherently Illegal?

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  • by Chop ( 211528 ) on Friday March 25, 2005 @05:32PM (#12049392)
    Make sure you do not have any "warez" stored on you computer.
  • educate them. (Score:2, Interesting)

    by quiffhanger ( 639793 ) on Friday March 25, 2005 @05:34PM (#12049422)
    Your best bet would surely be to explain it's role in reducing the load on servers, however the university probably has no interest in that given that it only results in them having to put up with more traffic...
  • by physicsphairy ( 720718 ) on Friday March 25, 2005 @05:34PM (#12049424)
    "How can a student respond to such an accusation in order to defend the validity of BitTorrent and continue to benefit from its legitimate uses?"

    I don't know about defending it's validity, but as far as still enjoying the use of BitTorrent is concerned, netcat is your friend. ;)

  • Just tell them... (Score:2, Interesting)

    by LokieLizzy ( 858962 ) on Friday March 25, 2005 @05:34PM (#12049425)
    You were updating Azureus to give you faster access to the latest m...err, Mandrake distros.

    Only a terrorist would be against Linux!

  • Re:Well... (Score:2, Interesting)

    by terrygao ( 811237 ) on Friday March 25, 2005 @05:34PM (#12049430)
    judy FYI, in Canada the biggest ISP, Shaw Cable also blocked BT traffic. Sad day for BT users out there.
  • by Shoten ( 260439 ) on Friday March 25, 2005 @05:35PM (#12049439)
    Okay, first the good news. Proving that it's not illegal is relatively simple. If something isn't explicitly rendered illegal by an act of law, it's legal. Ask them to point out the law that states (and here's the key point) that use of this particular protocol is illegal for distribution of freeware that is also available for unfettered download via the web. They obviously won't be able to...problem solved?

    Not exactly. This isn't just a matter of legal versus not legal, it's a question of whether it complies with their own Acceptable Use Policies. And depending on how those policies are written, Bittorrent may be a no-no anyways, "Because we say so." And I'm willing to bet dollars to donuts that when they say "illegal," they don't mean 'criminal,' they mean 'against our own policies.' Good luck to you, man (or woman, whichever).
  • legitimate uses (Score:5, Interesting)

    by Darkon ( 206829 ) on Friday March 25, 2005 @05:35PM (#12049440)

    Keep in mind that your definition of "legitimate use" may be quite different from theirs. University IT departments tend not to consider anything to be "legitimate" unless it has a valid academic application. Do you know of any academic uses for BitTorrent? Not trying to rain on your parade, but "I need it to download X" probably won't cut much ice.
  • Re:It's unfortunate (Score:5, Interesting)

    by krumms ( 613921 ) on Friday March 25, 2005 @05:40PM (#12049518) Journal
    Isn't it great how the music and movie industries can scare universities into policing their laws for them with little more than a few spot searches?
  • Re:Letter to IT (Score:4, Interesting)

    by LokieLizzy ( 858962 ) on Friday March 25, 2005 @05:40PM (#12049529)
    Copping an attitude against the IT department is the quickest way to get yourself banned from the University's IP domain. If you speak to them reasonably, they're more likely to listen. But if you go about spouting arrogant gibberish like "you might as well ban HTTP traffic" or "the student seeking a transfer to a more competently run University", then you're just asking for it. Don't bite the hand that gives you free internet access. Believe me -- I speak from experience.
  • Re:I'm stuck also (Score:2, Interesting)

    by karn096 ( 807073 ) on Friday March 25, 2005 @05:41PM (#12049533)
    I've resorted to IRC, and Usenet...I love usenet...
  • by mp3phish ( 747341 ) on Friday March 25, 2005 @05:41PM (#12049541)
    He also has no reason to give up his rights to privacy. You don't let the cops in to search your house and thumb print you when you did nothing illegal. So why would it be any different if you get caught using your PC legally?

    To the parent: whatever you do. DO NOT give up your rights to privacy to get your net connection back. No matter if you did nothing illegal. If you give up your privacy, then you justify it to the administration that it is ok for them to do the same thing to other students.
  • Re:It's unfortunate (Score:5, Interesting)

    by hendrix69 ( 683997 ) on Friday March 25, 2005 @05:42PM (#12049558)
    Bandwidth considerations and legal issues are very different things. You can always limit the bandwidth that's allocated for p2p application in your network. But if RIAA decides to sue the university for huge sums of money it's in for a financial burn. The cost of the legal battle in itself is enough to deter almost any institution.
    Of course I agree that universities should not censor information, especially not in such unclever ways as declaring a protocol illegal. But I can understand why some universities have to kneel before the commerical powers that be.
  • by Citoahc ( 565108 ) on Friday March 25, 2005 @05:42PM (#12049559) Homepage
    I went to a small school and got them to ease back on the bandwidth restrictions for Bit Torrent because I was doing my senior seminar paper on the program.

    Getting a professor to talk to the Network Admin about the legal uses. If you can convince a professor to use it in a class you might actually stand a chance.

    Citoahc
  • by aedil ( 68993 ) on Friday March 25, 2005 @05:44PM (#12049581)
    The quote from the letter shows that the university is clearly blowing smoke and either did not talk to their legal department, or if they did, they ought to fire their lawyers. Although you sometimes have to wonder about the sanity of the US legal system, there is still a basic principle that something is legal unless it is determined to be illegal. Therefore, courts do not have to rule P2P activity as legal before you can engage in that activity. Even pending litigations do not constitute that P2P activity is currently illegal (unless you break the law using the P2P stuff).

    Also, it is very unlikely that any court would rule specifically on student P2P activity. Students are strange animals, but in general rulings like this would apply to everyone, not just to students.

    They are obviously playing on threatening people, and hiding behind vague statements in an effort to simply avoid the entire risk of people potentially using P2P technology to download (or upload) illegal materials. I'd personally recommand replying back to the university, explaining your legal use of P2P, and explaining that their letter seems to be based on some flawed assumptions, both legally and factually.

    But do not expect to win unless you really want to fight this desperately. It's their network and though you pay tuition and all that, it is still their network, and so they get to decide what goes, whether it makes sense or not.
  • Re:Well... (Score:5, Interesting)

    by Nohbdy001 ( 265019 ) on Friday March 25, 2005 @05:45PM (#12049597) Journal
    I did indeed send a reply back citing several legitimate uses (linux ISOs, legal large multimedia etc...). After which, I agreed to suspend my BitTorrent usage temporarily until the issue was resolved. However, the reply I received seemed less than understanding. Aside from being thanked for discontinuing my use of BT, I was told that what I was doing was potentially dagerous. To quote part of the e-mail: "I think the issue is potentially dangerous for you and the university. Thanks for suspending BitTorrent."

    Which is why I bring the question to the community. Obviously using BT for legit purposes is not anymore dangerous than, say, browsing the web.
  • by drewzhrodague ( 606182 ) <drew@nOsPaM.zhrodague.net> on Friday March 25, 2005 @05:46PM (#12049602) Homepage Journal
    I got a note in my box from the (local western Pennsylvania) LUG, which describes a talk from a state trooper who said that wardriving was illegal. After years of debunking, talking nicely to less-informed journalists, and even having an FBI agents on video say otherwise [seattlewireless.net], there is still a lack of understanding.

    I heard at my last contract that they didn't use SSH because it was "inherently insecure." They used telnet instead.

    Best thing to do, is be patient, try to educate the uninformed, and convince others to do the same.

    Just don't get too angry, or they won't want to listen to you in the first place.
  • Re:It's unfortunate (Score:2, Interesting)

    by moresheth ( 678206 ) on Friday March 25, 2005 @05:47PM (#12049619)
    Not to mention that any increase in hardware and bandwidth spending will be covered in the tuition costs for the students. I'm sure that there would be some angry students and parents if they had found out the reason they are paying $20 more a semester is to support others' downloading. Personally, I would have used it to justify my own downloading. If I'm paying for it, why not use it?

    My university simply blocked the Napster port (as well as 80, among others), no questions asked. It didn't effect me and my friends because we were using gnutella by then, anyway, and we just mainly used it for gaming, so we valued clean bandwidth. I support your reasoning for leaving it alone, and I agree with it, but practically, it was probably also just the best way to do it. If the students want to use a shit-ton of bandwidth, just smile, nod your head, and charge them for it.

  • by bwilliam13 ( 736256 ) on Friday March 25, 2005 @05:48PM (#12049647)
    An insight into our tax dollars and tuition at work.

    "During the heyday of Napster, the University of Wisconsin - Madison had a difficult decision. As it watched the traffic for Napster consume over 70% of total inbound bandwidth at its peak, we asked ourselves: do we start blocking Napster? After all, it's mostly used for stealing music. Right?"

    What the administrators *should* have done is an analysis on that traffic, and examined what exactly it was being used for. If 70% of your bandwidth in one direction is being smoked because of non-essential traffic, in any business, you stop that traffic...period. It doesn't matter whether the traffic is legal or illegal. If it could cause others to not be able to get their jobs (or in this case their bonafide homework) done, then you put an end to it.

    I'd say they didn't think too hard about this one...nor do I think this applies to the original post at all. Napster was used for downloading music...that's it...that was always illegal.

    Bittorrent is used for downloading all kinds of content...basically anything you want to create a torrent for...whether that be CD images of legit software (Linux), software updates like someone alluded to for gaming, or anything else. It can get used for legit as well as non-legit purposes. However, Napster was pretty much illegal, whether anyone wanted to admit it or not. I'm not passing judgment on anyone who used it...hell, I used it. But I KNEW it was illegal, and I still did it. It was used for nothing but *sharing* music...not distributing software updates. Bittorrent can't even be compared to Napster...it's completely different, and it's uses are endless.

    My overall gist? Napster has nothing to do with academics, so your analogy is laughable at best...it's about increasing your music library for free. Bittorrent IS about freedom. It gives you a way of getting and distributing any type of content (legal or otherwise) by using the rest of the world's bandwidth if they so desire.
  • Legal Avenues (Score:3, Interesting)

    by spiritraveller ( 641174 ) on Friday March 25, 2005 @05:49PM (#12049651)
    Hmmm... let's see, they accuse you of illegal activity... so that would be slander.

    Second, they penalize you for taking part in a perfectly legal exchange of data. It could be a First Amendment issue. But that's only if your university is state-run.

    Give your local chapter of the ACLU a call and see what they think. You never know, they may be interested in representing you.
  • Re:Well... (Score:5, Interesting)

    by Kethinov ( 636034 ) on Friday March 25, 2005 @05:49PM (#12049664) Homepage Journal
    Did you send a reply back stating, or better yet actually showing, legitimate uses? Game patches, legal multimedia distribution (Red vs. Blue for example), and so forth...
    A similar thing which happened to the story submitter happened to me once. My ISP got a call from the RIAA that someone was sharing loads of music online. So my ISP just looked for the biggest bandwidth user and shut them off. Well, that someone they shut off was me. But I wasn't the one sharing music. I was seeding Knoppix. A phone call to my ISP quickly resolved the situation.
  • Re:Well... (Score:4, Interesting)

    by Bullet-Dodger ( 630107 ) on Friday March 25, 2005 @05:51PM (#12049674)
    Is there a source for this? Because I'm on Shaw Cable and BitTorrent still works fine for me.
  • Well, that's correct. But he has of course been wrongly accused of doing something illegal. That's slanderous, and illegal in itself.
  • Re:It's unfortunate (Score:5, Interesting)

    by The Snowman ( 116231 ) * on Friday March 25, 2005 @05:53PM (#12049698)

    Why is that any more absurd than blocking something such as BitTorrent, especially as BitTorrent's legitimate applications are increasing?

    Color me naive, but I never realized BitTorrent had a following of pirates until recently. I always saw it billed as a way to grab large files (e.g. Linux ISOs) in a lot less time than HTTP or FTP transfers. In fact that is the only thing I ever use it for. To see organizations ban or restrict it pisses me off.

    Fortunately, the content industries seem to be taking a halfway correct approach: find people violating copyright using a technology, and prosecute those people. Even if BitTorrent gets a bad reputation, there are enough of us using it legitimately that 1) we won't go to jail and 2) BitTorrent will still have a legitimate user base and stay alive (thank you, OSS!).

  • Re:It's unfortunate (Score:2, Interesting)

    by moresheth ( 678206 ) on Friday March 25, 2005 @05:58PM (#12049765)
    They blocked incoming port 80 requests. To set up a webserver, I set up the domain and server to go to port 81.
  • by permaculture ( 567540 ) on Friday March 25, 2005 @06:06PM (#12049867) Homepage Journal
    The University where I work has introduced
    1) Censorship of the Web, using Websense http://ww2.websense.com/global/en/ [websense.com].
    2) Throttling bandwidth on network ports using Storm Control http://www.cisco.com/en/US/products/hw/switches/ps 708/products_configuration_guide_chapter09186a0080 160a9f.html [cisco.com]
    3) Filtering out spam using Ironmail http://www.ciphertrust.com/products/index.php [ciphertrust.com]
    Each these measures have had a negative impact on genuine study and research.

    Our Computer Centre Director, who is in the invidious position of having to balance academic freedom against meeting JANET http://www.ja.net/ [ja.net] regulations, released this message which I reproduce here to show what Universities are dealing with.

    -END OF QUOTE-
    The introduction of restrictions is not something
    that we have come to lightly. We certainly have
    no desire to apply censorship to our users;
    however, unlike Internet Service Providers,
    we have somewhat more legal responsibility for
    the material that is carried over or stored
    within our network. In particular, the University
    can be held 'vicariously liable' for a number
    of offences relating to, for example, the
    display or storage of pornography. Similarly,
    material relating to religion or race that is
    capable of offending is a potential threat, in
    a legal sense, to the University. There are others.

    On the matter of websites that just plainly offer
    no business value to the University, we need to
    strike the right balance between the various
    interests. We have real concerns about the
    capacity of our network and to compromise academic
    and business activity on the network because we
    are hosting a flood of dubious traffic does not
    make good sense. However, under this specific
    concern, clearly there may be scope for relaxing
    restrictions outside the 'working day'.
    -END OF QUOTE-
  • Re:It's unfortunate (Score:3, Interesting)

    by David Horn ( 772985 ) <david&pocketgamer,org> on Friday March 25, 2005 @06:12PM (#12049932) Homepage
    My University has a very enlightened policy - no ports whatsoever are blocked and any application will work, which is great for Bittorrent and other applications that need transparent net access.

    However, if they receive information from outside the university (ie, from the RIAA) then they will take action and disconnect the user from the network.

    This seems reasonable to me as only people actually breaking the law will suffer, and the legitimate users will be allowed to continue.
  • Ask for details (Score:3, Interesting)

    by Teun ( 17872 ) on Friday March 25, 2005 @06:19PM (#12050002)
    The person(s) behind this must surely be able to supply you with a worked out analises of why P2P in general or BT specifically is not legal, demand a copy.

    Only informed people can properly react to such a troublesome statement, on a universety they should understand this...

  • Re:Well... (Score:3, Interesting)

    by bani ( 467531 ) on Friday March 25, 2005 @06:23PM (#12050052)
    if that happened to me, the phone call to the ISP would have been to cancel my account, notifying them that I was moving to an ISP who would actually bother to check RIAA claims before disconnecting innocent users.
  • Like daveschroeder said: BitTorrent is neither legal nor illegal. It is the sharing of specific files in violation of copyright which are illegal, and that would be illegal whether it was done on a website, ftp site or bittorrent.

    The file you have is legal and legally distributed. Period. If they wish to limit your free speech rights on legal speech, that is a first ammendment issue and should be dealt with in a separate court battle.

    If you can find a lawyer to write a letter to that effect for you, it might get their attention. I'm sure you could find a classmate whose parent relative or family friend is a lawyer willing to put a note like that under his/her firm's name. No explict threats -- just a letter from a lawyer.

  • There is a joke... (Score:2, Interesting)

    by vhogemann ( 797994 ) <`victor' `at' `hogemann.com'> on Friday March 25, 2005 @06:28PM (#12050104) Homepage
    That a man caugth his wife cheating him with his best friend on the sofa. What he did? He trow away the sofa.

    And that is what most IT departments do... It doesnt matter what kind of protocol you use to share your data. If there people out there that want to share, they'll find a way to do so.

    What if some one devellop a p2p software based on HTTP? Should we block it too? There is Peer2Mail, lets ban SMTP, POP and IMAP altogheter!! Better yet, lets get rid of TCP/IP as it is cleary the foundation of those evil sharing technologies.

    How about add value to your products, so people will actually want to buy them? Do you think people are stopping to buy CDs because piracy, or online sharing?!? No, its because the lack of quality, and the abusive pricing!! No one will buy for an entire CD when they just want one song or two...
  • by Anonymous Coward on Friday March 25, 2005 @06:42PM (#12050251)
    Your goal at this point should be to gather information. On one hand, you want to gather as much information about what you're being told as possible. Is it a policy? Is it written or informal? How long has it been in place? Who is responsible for setting such policies? How can you reach that person?

    Be very polite and very positive. This is not to challenge, but to gather information. One reason not to go over their head right away is that by being pro-active, polite, and engaged, you may actually gain allies. At the least you won't piss them off by going over their head too fast.

    At the same time, you want to be gathering information about legitimate uses of BitTorrent--both in general and in your own life. I highly recommend that you got to WashingtonPost.com and find the recent article by Rob Pegoraro regarding BitTorrent and its legitimate uses. What you are looking to build is a case for the university to not block or discourage BitTorrent. A big part of that is supporting evidence from the outside world or (even better) from other similar universities.

    Think of it like an informal court case. Get your info straight, your arguments clear and coherent, create organized documentation to leave behind, and dress up nice when you meet with the policy person.
  • Re:It's unfortunate (Score:0, Interesting)

    by Veamon ( 733329 ) on Friday March 25, 2005 @06:43PM (#12050259)
    You just deal with it. Even though BitTorrent ITSELF isnt illegal, it is used more for that purpose tham for legitimate file sharing. Sorry to say, but the old saying about one bad apple spoiling the rest is true...
  • by Anonymous Coward on Friday March 25, 2005 @06:52PM (#12050339)
    MSOE works the same way. Every port on the network is open for student use, this causes an abundance of problems (viruses, trojans, etc), but it also lets the students take advantage of the entire network system. It pains the IT folks but I think the mentality is that if it is best of the student, it is best for the school.

    (oddly enough, the majority of bad PCs we see are full of pr0n and everything else under the sun...so..I suppose that is GOOD for the student ;-)
  • by Anonymous Coward on Friday March 25, 2005 @06:57PM (#12050371)
    Time for a feature modification for Bittorrent. Switch to port 443, SSL. (STunnel source is open.)

    They can't even tell what you are doing if this is done. If they can't tell, they cannot be dumb azzes about it.

    Put the trackers on HTTPS also. Allow self signed certs.

    Of course, self signed certs are illegal in some countrys, but not the USA. So it would have to be optional.

  • Re:It's unfortunate (Score:2, Interesting)

    by garbletext ( 669861 ) on Friday March 25, 2005 @07:03PM (#12050418)
    not at all. University of Illinois URH does this. You get about 600MB of unthrottled bandwidth in a 24 hour period; Every hour they add how much bandwidth you've used to the tally and remove the oldest hour's entry. If the 24 hour total is more than 600MB, you throttled proportionally to how much over 600MB you are.

    This system, while stifling, works better than time-based limits, because it allows students to spend their bandwidth whenever they want. However, its fatal flaw (listen up UI freshmen!) is that it's MAC based. just change your MAC every 600MB, and you'll be fine! until the net techs figure you out...
  • Re:Well... (Score:3, Interesting)

    by loraksus ( 171574 ) on Friday March 25, 2005 @07:30PM (#12050592) Homepage
    Well, lucky you. My School's IT department (Portland State University) is a bit worse.

    1. Blocks ALL outbound traffic on port 25, except to their mail server. No exceptions, sorry. Need to access a mail server outside the network? "Tough luck" (I love the quotes from these motherfuckers when I call in.)

    2. Bittorrent? Ha! They don't explicitly block it, but it is throttled down to 2k or so. They had the fucking gall to claim that it was "simply assigned a lesser priority" on the network when I emailed them about it. Either they are incompetent fucktarts that don't know the difference between "intentionally crippled" and "given lesser priority" or they are fucking liars. Yeah, we also get letters stating that if we use X program again, they will bill us $200 for violating such and such regulation. Mind you there isn't a master list of "programs not to use"

    3. Virtually everything else is blocked, inbound and outbound. POP3 still works outbound, but a "receive only" account is a cunt hair less useful than not having any fucking mail access.
    They haven't blocked terminal services inbound, but I think it is only a matter of time.

    4. I've had periods of 500ms to 800ms latency for HOURS a day for the last several months. Happens randomly, but when it happens, it effectively cripples services such as Vonage or any other VOIP.

    I suspect that this is an intentional effort as this forces everyone to use their magical phone company with "almost like calling from prison" long distance fees. 10-10-321, et al are also blocked if dialing from POTS, so you can't call using those services. Calling cards still work, but I have no doubt that they would block them if they could. I can't even get a fucking stable 56k connection (at least skype would work then) over the phone lines in the dorm.

    I've actually made a little app with a green, yellow and red light that changes according to ping times to an IP just right outside the network.

    I'm tempted to set up a whitescreen on my window, invert the image and project it, which would let others know to not even bother trying to use VOIP or anything else that is sensitive to latency. Of course, I'm facing the wrong direction.

    Oh, and before you ask, I do get good connections some of the day, normally around 19ms to Seattle, which isn't stellar, but it works well enough when it does.

    The worst part is that when I moved in here in August, everything was fine. No filtering, no throttling, none of this bullshit. No fucking upstream cap.

    Now, the net access is basically useless for VOIP, and they add filtering of something (you never know what) on a weekly basis, no change in any written or verbal policy (if there even is a written policy somewhere).

    Fuck you Portland State.

    Again, if you are considering Portland State University, know that your internet access will be crippled to the point of unusability at times and that VOIP and everything else that is sensitive to latency (i.e. games, video conferencing) will basically be useless at random parts of the day.
  • Re:It's unfortunate (Score:5, Interesting)

    by mjanosko ( 777638 ) on Friday March 25, 2005 @07:39PM (#12050653)
    working in the IT department at a MAJOR U.S. college has taught me a few things. One of them is: you never know what you agreed to. We have a security policy that is roughly 50 pages, and much like EULAs, wether you read it or not, you agree to its terms by using said system. (especially since our school has a user id/password process to get on the networks, and a special housing policy that must be signed.) and basicly in there it says that they can remove access to whatever they want whenever they want, and they can tell you want you cant and cant do at any time. now considering this is outlined in the policy you are agreeing to, i think all other legal precidence goes away. If the school pays the bills and offers the service free, and ESPECIALLY if they have you sign something acknowledging what they can/cant do, they can close anything they want and youre basicly shit out of luck. IANAL. my 2 cents.
  • Re:It's unfortunate (Score:1, Interesting)

    by Anonymous Coward on Friday March 25, 2005 @08:07PM (#12050836)
    working in the IT department at a MAJOR U.S. college has taught me a few things. One of them is: you never know what you agreed to.

    I currently do IT at a Law School. I have yet to see one student bother to read the AUP they sign before getting their logins. I had expected better from future landsharks.

  • Re:It's unfortunate (Score:2, Interesting)

    by NickHydroxide ( 870424 ) on Friday March 25, 2005 @08:17PM (#12050889) Homepage
    Perhaps the law regarding equitable estoppel differs in the States (although fundamentally you are correct), but such an argument would not survive in Australia.

    Firstly, IANAL, but I am a law student. There needs to be a causal link between the promise made and the detrimental reliance engaged upon. The reliance needs to be more than ancillary to the promise, and needs to be (even if implicitly) encouraged by the promisor.

    For example, if you promise to buy me lunch tomorrow and I go and buy a car, clearly these are not connected. I would suggest that the promise of provision of network services at a University is not fundamental to the nature of the contract with the University.

    The importance of this is my second point. In Australia, damages will not be awarded for a successful case of promissory estoppel. Only the cost incurred for acting to one's detriment will the promisor be liable for.

    But then again, naturally there will be differences in the law, and it would not surprise me if estoppel functioned in a fundamentally different manner.
  • Re:It's unfortunate (Score:3, Interesting)

    by jrockway ( 229604 ) * <jon-nospam@jrock.us> on Friday March 25, 2005 @09:26PM (#12051267) Homepage Journal
    Is this a public (state-funded) University? If no, you can take away any rights you want. If yes, the EFF believes that you cannot:

    http://www.eff.org/Censorship/Academic_edu/CAF/faq /just-a-privilege [eff.org]

    q: If a state university calls computer or network access a
    "privilege", can they remove an individual's access arbitrarily?

    a: In most cases no.



    Everything in that directory is quite useful for convincing the powers-that-be that their AUP is stupid. I tried here at UIC and just got ignored (and got some BS reply about how the lawyers think it's ok, blah blah blah).

    My solution is to publish controversial material and when my account gets shut down I sue the University. If they don't want to talk about it, maybe a judge does :)
  • Re:It's unfortunate (Score:5, Interesting)

    by jc42 ( 318812 ) on Friday March 25, 2005 @11:19PM (#12051954) Homepage Journal
    So here's what you should do:

    Get together a cabal of linux (or *BSD or whatever) users when a new release comes out. Instead of using bittorrent, you arrange for the whole cabal to fire up http downloads of the ISOs simultaneously. This will drag the university net to a crawl.

    When they hit you with a complaint, you nicely explain that you would have used bittorent for the downloads, which would have created only 1% of the load. But the administration has decreed that, if you do that, you'll be treated as criminals, so you didn't.

    Also, it helps if you can bring up class- or job-related reasons that you were doing the downloads. If it's required for a class, they can't very well fault you for downloading it from the public repositories.

    It might be fun if you could find a bittorrent source for something like the next big MS Service Pack, and arrange for a whole flock of Windows users to attempt to download it at the same time. This will really confuse the dummies in the U's admin. They can't very well object to people installing security stuff in Windows. And if you can make it clear that bittorrent would have greatly lessened the network load if not for their dumb ban on its use, maybe the idea will start to get through their thick skulls.

    After all, bittorrent is merely a way to make copying big, popular files a lot faster and a lighter network load. It isn't restricted to just illegal copies; it works just as well for files that it is legal for you to download.

    If you can pull it off, let us know how it works.

  • by Anonymous Coward on Friday March 25, 2005 @11:33PM (#12052010)
    "We're sorry to inform you that you will not be able to update and play your World of Warcraft account on our student networks as it uses a BT p2p system to distribute updates and patches."

    So how can they deem all p2p activity illegal since it uses a BT system to distribute each patch file unlike prior mmorpg's update systems of d/ling them directly from the companies servers. Look it's just a CYA act on the IT departments behalf if anything comes down the pike where p2p is somehow outlawed outright.
  • by crazyphilman ( 609923 ) on Saturday March 26, 2005 @12:05AM (#12052147) Journal
    First of all, I'd say to myself "It's their network and they can decide what I run on it". Then I'd say "However, they didn't appropriately warn me that they didn't want me running BitTorrent. This is all a misunderstanding, let's clear it up." And then I would go to the networking office and say this:

    "First of all, this is a misunderstanding. I wasn't downloading or distributing copyrighted material, I was just downloading an update to the software, and I had an appropriate license for it. So I haven't broken the law and I haven't done anything that'll get YOU in trouble, either. I only use BitTorrent to download Linux ISO's (or whatever), and I didn't think anyone would care about that -- it's all properly licensed to me, no laws broken...

    I understand why you might not want me to run BitTorrent, and since you obviously don't want me running it on your network, I won't, ok? But do me a favor and restore my network access, because this is all just a misunderstanding and no law has been broken. I'm sorry if I've caused you any trouble."

    I would be very polite and businesslike, I would show the network admin respect, and I would try VERY hard to not come across as hostile in any way.

    Network priviledges are important to a college kid. And they don't have to turn the tap back on, remember that. BE NICE and clear the mess up, and maybe it'll all get settled in a friendly way.

    Of course, if you WERE trading movies or music, you're probably SOL. But you probably weren't (you deserve the benefit of the doubt). Treat it as a misunderstanding that has to be cleared up, and you'll be ok.

  • by Robocoastie ( 777066 ) on Saturday March 26, 2005 @12:40AM (#12052292) Homepage
    >>It seems such misunderstandings are common, but it is particularly frustrating when coming from people in the IT field. That kind of "laying the hammer down" happens all the time from IT departments even when they are flat out in the wrong. It's been my experience that many in the IT department get off on thinking they have power that they often its proven they don't really have. Two examples from personal experience: in one the IT department at my military base tried to shut down a user group email list of daily scripture verses and went so far as to put me (the list manager) on report. They got egg all over their face for that when the Chaplain stepped up to the plate and pointed out that their actions violated Freedom of Religeon - something the military has to protect - "seperation of church and state" does NOT apply to the military because the military is a lifestyle and the needs of the service member must not only be protected but co-operation must be met for. In the end the list was given official recognition and the C/O made me area Lay Leader. A second example was while I worked at an Insurance company. I had a good reputation with the IT manager of the office and we'd often talk computers - he'd actually usually ask my advise for personal computing. Well one morning he told me not to play games on company computers but that he'd let it slide this time. Confused I said "ok whatever". Well later that day my boss asked me to look at the multimedia computer because this management training program she'd been doing wouldn't work. A few clicks later I discovered that direct-x was missing! You guessed it - the IT manager had done a routine check on computers, saw direct-x related things on it, assumed they were for games and removed it (this was back in the day of dx3 i think before it integrated so much into the OS and broke down and was buggy all the time). In the end he spent the rest of the day trying to restore the program in vain, she ended up having to start all over again from the beginning - several days of work. Now, yes these are anecdotes and for every one I have of misuse of IT power someone else has 5 of proper use, my point is the origin writer of our thread shouldn't be surprised at all to see IT departments making foolish statements like P2P is illegal. Hell all it is is a new version of FTP. That being said though the college has a right to ban the use of any p2p activity if they want to, but I highly doubt that's actually written anywhere in the student guidebook and he wouldn't have a leg to stand on to ban the kid from the network. Could only suggest it be added to the student handbook and ask him not to do it.
  • Your reply (Score:3, Interesting)

    by jonbryce ( 703250 ) on Saturday March 26, 2005 @01:28AM (#12052454) Homepage
    1. Until the courts rule that p2p is illegal, it probably isn't.

    2. The internet is a p2p network

    3. MPAA v Sony (Betamax)

    4. Point to the large number of legitimate torrent sites, and explain how bittorrent's design makes it pretty unsuitable for copyright infringement.
  • by dexterpexter ( 733748 ) on Saturday March 26, 2005 @03:58AM (#12052898) Journal
    Which is probably what the parent poster implied in saying the "condition of using it." Many, many university TOSs stipulate this little gem and many, many students do not bother to read their school's policies. Lately, the courts have sided on the side of those who draft these contracts or policies, even the more ridiculous ones.

    This even shows up on occasion in rental agreements where people are silly enough to sign rights for the landlord to enter the premises without notice at any time. People don't read, and they sign. Seems like an unreasonable thing to put in a lease, but if people are willing to sign it, the courts generally uphold it. However, in the example I just gave, some states are stepping up to protect the citizens who sign these things by creating laws that say that even if you sign away that right, it's not legally binding. (In the case of entering the premises by a landlord. However, college dorms are treated differently than apartments--I don't know why--and I have yet to see a single "you can't sign away your rights to maintaining the privacy of your PC contents on a network" law.) I generally maintain the stance that someone should be accountable for what they agree to or sign when what they are agreeing to is posted in a clear, conspicuous manner. And yes, I read EULAs. However, Iguess I can see the occasional reason for not forcing someone to abide by that agreement.
    I know of a symposium that sorta (meaning, unofficially) recently conducted an experiment where they gave out TOS for their wireless connections to people who were standing in long lines, and took note of who read it and who didn't. One iteration of the TOS had "You are not reading this" written into it. Almost no one (all college-aged students) actually read the agreement.

    I don't know if right-to-search is part of this school's particular policy, but it's something to consider.

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