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Mp3's on a company's network.

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Hi,
Does anyone know of any resources regarding the storage of staff's illegal mp3's on a companys network.

I would imagine if it can be shown that a comany knew about such files and did not act, then they could be held liable for the copyright infringement.

Regards

16 replies

by older mycroft

As far as I am aware, within British Copyright Law, you cannot enforce compound copyright missives. Therefore, the original source of the MP3 would have to be ratified first.

Also, as far as I can tell, there is no law against creating an MP3 from a retail CD that has been purchased in the normal way. Just as it is still not in contravention of copyright law to make a Compact Cassette recording of an old vinyl album played on a turntable, recorded on a cassette deck. Otherwise just about every car driver in the UK would be arrestable for an offence against the Copyright Act.

by seanferd

They've been charging and suing garage mechanics and beauty shops who play music for "public performance".

ISPs are turning into copyright cops (like Virgin).

by seanferd

"I would imagine if it can be shown that a comany knew about such files and did not act, then they could be held liable for the copyright infringement."

Sure, especially in the current legal climate in the UK.

The key bit here is proving that there is infringing IP on the network, and that the existence of such was known to those in authority within the company.

This must be done legally, and no one here can give you assistance with unauthorized access of said network and retrieval of data therefrom.

You should really be checking up on the rapidly changing laws regarding IP infringement in the UK, and find out which authority to which you can report infringement. It is in the news constantly, but most of my exposure to what is happening in the UK I get from the thinking of the folks at techdirt.com, and the links they provide. You can search that site, or The Register, or the internet in general to give you an idea of what your reporting options might be.

There are probably some UK members here at TR who follow this stuff more closely that I. They may be able to give you more specific pointers.

by cbzdmh

Suppose a company held a report on the file types within it's corporat network that showed it had 200GB of files with .mp3/.aac extension.

Can a company assume that all these files are legitamate files purchased or copied from a purchased cd for "back-up" purposes?

Or by not acting in removing these files from their network are they not knowingly allowing the continuation of IP theft?

by thechas

The first duty of the IT department is to make sure that the network users do not place the company at risk.

Even if we presume that most of the MP3 files are legal, there are copyright and other limitations on the sharing of these files.

Therefore, the best way to protect the company from risk of lawsuit for copyright infringement issues on MP3 files is to ban them from your network and users computers.

Make the ban on storing MP3 files an update to the company network use policy and make sure all users are duly informed.

If you want to give the users some access to their own MP3 files, allow them to bring in files on CDs for THEIR PERSONAL USE only.

Chas

by also ran

If you have any doubt about legality report it and suggest a suitable action, make sure its documented for your own piece of mind.

Whats your company policy say? If it does not say anything then perhaps suggest that it should to the powers that be. We have a policy that specifies unwanted files of various types.

200Gb is a lot of storage space to be paying for, are they backed up too? Are they business critical?

They might be legal if your company is in the music business etc.

by jdclyde

after all, there are many legal mp3's out there, how do you know the difference?

The only concern you should be having is if you are running low on storage.

by cbzdmh

With over 30,000 files spread out over the network it would be probable that a portion of these have dubious origins.

I do not know where the burdon of proof lies when trying to assertain the legitamcay of a file. Is it the users requirement to prove it has been downloaded legally or is it the prosecution who would have to prove its been aquired illegally.

by older mycroft

Or are you living under a different LAW to the rest of the world? ;)

by jdclyde

You don't have to prove your innocence, they have to prove your guilt.

Your assumptions of prejudging your coworkers to be thieves is just that, an assumption.

Until you are told by your boss that this is a problem, it isn't. If you really are concerned about it, send your boss and email stating the concern and save that email. It is no longer your problem until he tells you how to handle it.

The job of the admin is to keep everything working, not find reasons to push people around.

by cbzdmh

Thank you for your response. The amount of space taken up by various digital music/video is close to 300GB when you include files such as .vob, .mkv files.

The company is not in the music business but granted some of these files will have legitimate uses in Marketing, H&S etc..

I guess this point could be expanded to include other illegal material stored on corporate networks, pirated games, ebooks & software.

Is ignorance to the problem a sufficent defence or would the company need to show it has taken all reasonable endeavours to prevent such material.

by Member 19291532

It is going to depend on the judge, if it goes that far.

Again, what does 300gb of enterprise storage cost the organization? Make a business case for the fact that these users are *stealing* from IT.

You really shouldn't be able to stop them from brining their iPod or Zune loaded up with gigabytes of stolen IP into the office, but they shouldn't be storing that data on company equipment.

by seanferd

Insofar as legitimate use goes, even if the media files were legally purchased or backed up, using a file beyond the license granted to the legal possessor of the file is also infringement. For example, if you use some music licensed for personal use in Powerpoint presentations to clients or customers, this would likely be infringement.

You would need to review the license model for each file to see what your usage rights are. As far as some files just being backed up to network storage for personal use, it is probably OK as long as they are not shared.

You just need to be a bit careful as the media industry is really uptight, but if your network is private, things should not be leaking to the outside world. If there are reports/data on what is contained in the network, these should not be readily accessible, nor should they be able to "leave the building", so to speak.

by Member 19291532

It isn't your place to be aNetwork Nazi for the RIAA unless you're getting reimbursed for your time and effort by the RIAA specifically for doing so. This is a distraction from your role as an IT professional.

The way I see it, you address this one of two ways. Either you have a policy that allows users to store personal information on corporate storage systems, or you do not. If you do not, you enforce it across the board. No home movies, no vacation snapshots, and no MP3s.

If you allow storage of personal files on company storage systems, you can make a disclaimer, " prohbits and will not knowingly allow you to store personal data that is illegal or could be a cause for "hostile workplace" litigation. Any personal documents of this nature that are stored on the company storage systems wil be removed, without prior notification upon discovery by Information Technology. The company is not liable for lost personal data removed from the system, in any case.

I'd go for option #1. Users should not be storing any personal data on the company network. It is a potential vector for security issues and malware, it places increased burden and expense on the company IT budget, and it exposes the company to several different kinds of liability.

But keep in mind, you're going to alienate your users and they're likely to seek methods to get around your IT regulations, the stricter you make them.

by gsg

We don't allow MP3's to be on the network. There are other file types like WMV, etc.. that we don't allow either.

It's not because of licensing/pirating so much as a space issue on our file server. We had several people taking up many GB of storage. When they were limited on their space on the file server, then they were storing their work files on their workstations and leaving the MP3's on the network to be backed up.

So, the policy was approved, and everyone was given a 30 day warning. At the end of the 30 days, they were removed. We still had people calling us to restore them from backup. Sucked to be them.

I personally have about 25 GB of MP3s on my Nomad. I leave it at work, but because it's my personal device no one can accuse me of file sharing or of taking up space on our file server.

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