[Libs-Or] Bittorrent downloading in libraries--Any solutions?

[GIBBON Cindy]

Just to clarify a bit more, the legal issue has to do with receiving
notices, usual from the library's ISP, that the ISP has heard from a
copyright holder that someone at one of the library's IP addresses is
conducting illegal downloads of copyrighted materials. From a legal
standpoint, the way you protect yourself is to post the required notices
specified in copyright law.  
 
When I was reviewing this with our attorney, we referred to Complete
Copyright Liability Handbook for Librarians and Educators (published in
2006).  The author, attorney Thomas Lipinski, suggests that if an
institution wants to qualify for the "safe harbor" monetary liability
limits offered in Section 512 of the copyright law, there should be a
notice to patrons like the one I quote below, which is both in our
Acceptable Use of the Internet policy and on our click-thru agreement.
 
The bandwidth issue is separate and is really a library resource
management issue.  Too many bittorrent users and the rest of your users
won't be able to get access becasue your bandwidth is all chewed up.
 
Cindy
 
 

Cindy Gibbon 
Senior Library Manager for 
Access and IT Services 
Multnomah County Library 
205 NE Russell Street 
Portland, OR  97212 
503-988-5496 (voice) 
503-988-5441 (fax) 
cindyg at multcolib.org 

	-----Original Message-----
	From: libs-or-bounces at listsmart.osl.state.or.us
[mailto:libs-or-bounces at listsmart.osl.state.or.us] On Behalf Of
TUCKER-RAYMOND Caleb
	Sent: Tuesday, June 29, 2010 11:50 AM
	To: Buzzy Nielsen; libs-or at listsmart.osl.state.or.us
	Subject: Re: [Libs-Or] Bittorrent downloading in libraries--Any
solutions?
	
	
	Just curious here - Bittorrent users aren't necessarily doing
anything illegal, so is this really a bandwidth issue? If so, how can
libraries respond to the kind of legal pressure that Wilsonville is
facing?
	 
	

	Caleb Tucker-Raymond 

	Oregon Statewide Reference Service Coordinator 
	Multnomah County Library 
	(503) 988-5438 
	calebt at multcolib.org 
	AIM/Y!: calebMCL 
	www.oregonlibraries.net 

	 
	 

		-----Original Message-----
		From: libs-or-bounces at listsmart.osl.state.or.us
[mailto:libs-or-bounces at listsmart.osl.state.or.us] On Behalf Of Buzzy
Nielsen
		Sent: Tuesday, June 29, 2010 11:43 AM
		To: libs-or at listsmart.osl.state.or.us
		Subject: Re: [Libs-Or] Bittorrent downloading in
libraries--Any solutions?
		
		
		Hi Greg,
		
		I asked our district's network admin about this, and he
gave some useful information. Like Multnomah, we have the boilerplate
agreement to which wired and wireless users alike must agree before
proceeding (i.e. don't use our computers for illegal stuff). On our
wired computers, we've "hidden" access to the bittorrent client,
although it does launch if a patron opens a torrent file via the
browser.
		
		Our main technique for controlling it, though, is that
we throttle incoming and outgoing connections from popular bittorrent
and other P2P ports, so they don't draw a lot of overall bandwidth. We
use an open source firewall program called pfSense (
http://www.pfsense.com/).
		
		Caveat: all of our public computers, most of our
servers, and many of our staff stations run some flavor of Linux, so
your mileage may vary with these solutions.
		
		Cheers!
		Buzzy
		 
		******************************
		Assistant Library Director
		North Bend Public Library
		1800 Sherman Ave.
		North Bend, OR 97459
		541-756-0400
		http://www.cooslibraries.org
<http://www.cooslibraries.org/> 
		
		
		On 06/28/2010 04:19 PM, GIBBON Cindy wrote: 

			Greg, we aren't blocking bit torrent
downloading, but we might consider it if we could figure out a good way
to do it.  Aside from all else, it takes an awful lot of our wireless
bandwidth and leaves other users sometimes unable to do what they need
to do.  However, our legal counsel did suggest we add this statement to
our Acceptable User of the Interent rules and our click-thru agreement
that all patrons must agree to at log-in.  Our understanding is that
from a legal standpoint, we do not need to be concerned about
library/county  liability in these situations.  I think the principle is
similar to the warnings that we post a copy machines.  This statement
comes out of a manual on copyright issues for libraries which is sitting
in my office (and I'm not) so I can't dredge up the title right now.
Anyway, here are the words we adapted:
			 
			

			Notice: Warning of Copyright Restrictions 


			As a patron, your ability to post or link to
copyrighted material is governed by United States copyright law. The
library reserves the right to delete or disable any post or link that,
in the judgment of library staff, violates copyright law. In accordance
with 17 USC S 512 (i)(1)(A), the library may terminate a patron's access
to the system or network for disrespect of the intellectual property
rights of others, or for repeat infringements of copyright. The library
has adopted this policy and will make all reasonable effort to enforce
it in appropriate circumstances.

			If your legal counsel wants to talk to ours, let
me know.
			 
			Cindy
			 
			Cindy Gibbon
			Senior Library Manager for 
			Access and IT Services
			Multnomah County Library
			 

				-----Original Message-----
				From:
libs-or-bounces at listsmart.osl.state.or.us
[mailto:libs-or-bounces at listsmart.osl.state.or.us] On Behalf Of Martin,
Greg
				Sent: Monday, June 28, 2010 3:04 PM
				To: 'libs-or at listsmart.osl.state.or.us'
				Subject: [Libs-Or] Bittorrent
downloading in libraries--Any solutions?
				
				

				Hi All,

				

				I'd like to throw out a couple of
questions about bittorrent downloading in Oregon's libraries. Our own
library's free and open wireless access sometimes plays host to
nefarious copyright scofflaws who download copyrighted files, leading to
threatening legal notices being received by our fair city, as the owner
of the IP range.

				

				Question #1: Does anyone know what, if
any, legal penalties face the library (or the city) for this activity?
I've understood it to be something of a gray area in the recent past.
Has that changed?

				

				Question #2: Are there any technological
fixes that can be instituted to stop or sabotage our moustache-twisting
villains? We have our wireless router broadcasting only when the library
is open. Additionally we have our wireless upload rate choked off, but
I've been told that the servers can't distinguish between bittorrent
downloading and 'regular' downloading, meaning that there is no
effective means to limit bittorrent downloads without negatively
affecting our system as a whole. True? 

				

				Further, I'm given to understand that
although Multnomah County (public) has a click-through agreement
prohibiting illegal activity, bittorrent downloading still works just
fine there. I'd suppose if anyone would have a technical solution in
place, they would.

				

				Any answers much appreciated. Please
copy the list, if possible.

				

				Cheers,

				

				Greg Martin

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