Quick Reference

What is NU-BAYU and how does it work?

• What is NU-BAYU?
• What is the goal of this project?
• Why is the University doing this?
• How does NU-BAYU work?
• Is NU-BAYU a software program that I will be required to download?
• Will NU-BAYU slow down my computer at all?
• How long will the University keep information it collects about me from NU-BAYU?
• Will my e-mail box be flooded with NU-BAYU notices if I'm away for a few days?
• If I am using P2P file sharing software to upload lawfully, am I going to get an e-mail message from NU-BAYU every day?
• When is it a good idea for me to opt out of NU-BAYU?
• Will NU-BAYU block people from uploading?

Peer-to-Peer File Sharing

• What's the difference between uploading and downloading?
• What are some ways that I can download music or other copyrighted works?
• If I turn off uploading in my P2P file sharing program, does this mean I've gotten rid of the risk?
• If I follow the University's recommendations about file-sharing, am I assured of using my computer safely?
• Is it a violation of University policy to have P2P file sharing software on my computer?
• Is it a violation of University policy to use P2P file sharing software to upload and download?
• If I am making legitimate and lawful uses of P2P file sharing software on my computer, is there no way to avoid risk?
• How is it possible that people are uploading without their knowledge?
• If NU-BAYU can see my uploading activity, does that mean others can see it too?

Privacy and Ethics

• Is NU-BAYU looking at other things on my computer?
• Does the University care about unlawful downloading of copyrighted material?
• Does NU-BAYU monitor any other information on my computer?
• Does the University care about unlawful downloading of copyrighted material?
• Will the University be required to share any collected information with the RIAA or other outside agencies?
• Will I be in trouble with the University if NU-BAYU identifies me lots of times?

What is NU-BAYU?

NU-BAYU (Be Aware You're Uploading) is a service, courtesy of the University of Michigan, adopted by Northwestern University to notify users of University networks that they might be uploading. NU-BAYU is an automated system that notices when computers on selected University networks appear to be uploading files using peer-to-peer (P2P) file sharing technology. NU-BAYU then notifies the person whose computer was used to upload. The system does not look at the content being uploaded, nor does it look at the content on the computer's hard drive. When NU-BAYU has noticed P2P uploading, it will send an e-mail to the person whose computer it noticed with a link to educational information and University resources to educate the user on safe and proper uses of P2P file sharing technology. NU-BAYU simply lets people know that a computer associated with them appears to be engaged in P2P uploading.

What is the goal of this project?

There are three fundamental goals, all of which are educational. First, the University seeks to help users avoid unwittingly uploading. Second, the University seeks to help users who are consciously uploading to do so lawfully. Third, the University seeks to help people who use peer-to-peer (P2P) file sharing technology be mindful of the risks associated with using this technology.

Why is the University doing this?

The University is launching this program because many people who are using P2P file sharing technology are doing so in ways that may result in copyright infringement or other risks. The University regularly receives notices from copyright holders who allege that users are uploading copyrighted content using P2P file sharing technology. When notified, many users reported that they had not intended to upload, that they thought that they had turned uploading off, or that they had thought that they had confined their uploading to files they could lawfully upload. NU-BAYU is the latest addition to one of many ways the University has worked to address unlawful file-sharing. NU-BAYU will also help users avoid unwittingly exposing themselves to computer viruses and violations of their privacy through P2P uploading.

How does NU-BAYU work?

NU-BAYU uses bandwidth management systems to see if a computer is uploading using P2P file sharing technology. NU-BAYU does not block uploading; it simply tells the computer's user, via e-mail, that uploading is taking place. Users do not download NU-BAYU onto their computers. In fact, users do not have to do anything to install or update it. It does not affect the performance of anyone's computer or the University's network. NU-BAYU does not look at the content being uploaded, nor does it look at the content on a computer's hard drive.

Is NU-BAYU a software program that I will be required to download?

NU-BAYU is not software that users will download. It is a service that the University will provide on selected networks. There will also be ways for lawful users to opt out for a period of time.

Will NU-BAYU slow down my computer at all?

No, the University does not expect NU-BAYU to hamper computing activities.

How long will the University keep information it collects about me from NU-BAYU?

NU-BAYU data that identify a specific individual's uploading activities will be stored for a maximum of 24 hours and then destroyed. Aggregated statistics will be kept over time, but no personal information will be retained for the purposes of those statistics.

Will my e-mail box be flooded with NU-BAYU notices if I'm away for a few days?

No. NU-BAYU will initially be set to send no more than one message per 24-hour period.

If I am using P2P file sharing software to upload lawfully, am I going to get an e-mail message from NU-BAYU every day?

NU-BAYU will issue an e-mail message every time it notices uploading, but not more than once in any given 24-hour period. So, if you upload every day, you will receive an e-mail message from NU-BAYU every day.

When is it a good idea for me to opt out of NU-BAYU?

Just because the University has included the ability for you to opt out of receiving e-mail from NU-BAYU does not mean that you should do so lightly. If you are confident that you understand the technology you are using and that your uses are lawful, being reminded that you're uploading may be less useful to you. But it is easy to be unwittingly uploading and you may find that NU-BAYU can inform you of uploading you were not aware of.

NU-BAYU will not block uploading or P2P file sharing technology; it will only notify the user of the activity.

Items are uploaded from one computer and then downloaded into another computer as part of a complete file-sharing cycle. For example, a student could exchange songs she had written and recorded with others who have written and recorded their own music. This is lawful activity. But P2P file sharing software does not discriminate between content that is restricted under copyright and content that is not. As a result, lawful content on a student's computer, such as music the student has purchased (e.g., songs imported from a CD the student owns), might be unlawfully uploaded without the student's permission or knowledge.

Downloading itself is not unlawful, per se. It is what and how you download that may be a violation of law. Lawful downloading of music is possible through sites such as Apple iTunes, MSN Music, Rhapsody, Ruckus, among others. Be sure to read the conditions of service carefully, and be wary because there are some sham companies that appear to be operating lawfully but are not. There are many works copyright holders intentionally make available through P2P file sharing technology and there are also works in the public domain that are lawful for you to download. It is not always easy to determine this, so be careful.

No. Any time you have P2P file sharing software on your computer, you're taking a risk. First, some P2P file sharing applications can be reset to upload without you noticing it, so it is possible to begin uploading despite the fact that you've turned uploading off in the past. Second, even if you have successfully turned uploading off, if you are using your P2P file sharing software to download, you still run the risk of downloading computer viruses and spyware, and you are still responsible for making sure that any downloading you do is lawful.

Any time you have P2P file sharing software on your computer, you're taking a risk. The University's recommendations are supposed to be educational and helpful to you, but they are not a guarantee. You are ultimately responsible for your use of P2P file sharing technology. And while there are many lawful and important uses for P2P file sharing technology, if you choose to use it, you will have to be vigilant to make sure that you're using it properly, safely, and lawfully. The University will do its best to keep you informed about ways you can do this, but in the end, you are responsible for how you use this technology.

No. There are many lawful and important uses for P2P file sharing technology, but your use of the technology may violate University policy and/or the law. For example, using P2P file sharing technology to download or share copyrighted files - including music, films, television shows, software, video games, or books - may violate University policy and federal copyright laws.

No. There are many lawful and important uses for uploading and downloading using P2P file sharing technology; it is your use of the applications (including what and how you upload and download) that may violate University policy and/or the law. For example, using P2P technology to download or share copyrighted files - including music, films, television shows, software, video games, or books - may violate University policy and federal copyright laws.

As with many types of technology, if you use it, you're taking some risk. You can mitigate that risk by carefully monitoring your use, by understanding how the technology works, and by learning about laws and policies that might govern your use of it.

Many people use P2P file sharing technology without understanding how it works. Many P2P file sharing applications come configured to upload, so if users do not specifically reconfigure the application to prevent uploading, they may end up uploading unwittingly. Sometimes, even if users have configured their applications not to upload, they may be reset to resume uploading when users update the software or via one of several other resetting mechanisms used by some applications. Furthermore, some students have reported that someone who used their computer has installed the P2P file sharing software unbeknownst to them, while others succumbed to music downloading scams, where they believed they were paying for a legitimate service that instead turned their computers into file-sharing servers.

If NU-BAYU can see my uploading activity, does that mean others can see it too?

Yes - your uploading activity is visible to everyone on the Internet who chooses to look. Unlike NU-BAYU, many of the programs that look for uploading do examine the content of the uploading computer. For example, the Recording Industry Association of America (RIAA) and other entities specifically monitor P2P networks to detect when their copyrighted files are being transferred improperly. If they detect such an abuse on the NU network, a complaint is sent to Northwestern, which may take disciplinary action against the user.

No. NU-BAYU looks neither at the content on users' computers nor at the content of uploads or downloads.

Yes. It is a violation of University policy to engage in copyright infringement, including using P2P file sharing software to unlawfully download copyrighted works. In the last few years, the University has received hundreds of complaints from copyright holders alleging unlawful conduct by users on the Northwestern network. This, in turn, has resulted in disciplinary actions against hundreds of students and staff.

NU-BAYU is designed to recognize only P2P uploading activity and the IP address of the uploading. It will not identify the contents of users' computers or contents of the traffic being uploaded or downloaded. Nor will NU-BAYU make any determination about whether the activity in question is lawful or unlawful. NU-BAYU will inform users that they may be uploading using P2P file sharing technology.

NU-BAYU does not collect any information from within users' computers.

Ordinarily, no. But the RIAA (along with an increasing number of other copyright holders), continues to issue complaints and institute legal actions against people it alleges have infringed the copyrights of its members. As part of their legal actions and pursuant to a valid subpoena, the University has been compelled to produce information about individual users. Because NU-BAYU is an educational program and because NU-BAYU data will have no information about specific content uploaded or on a user's computer, it will likely be of little use in a lawsuit.

Will I be in trouble with the University if NU-BAYU identifies me lots of times?

No. NU-BAYU is an educational service; it is not an enforcement mechanism. NU-BAYU makes no determinations about whether your activities were lawful or not and NU-BAYU does not examine the content on your computer. NU-BAYU is designed to be a service to inform you, so you determine for yourself if your activities might lead to trouble for you and how to avoid unwittingly exposing yourself to a variety of problems.

However, if the University receives and confirms a complaint from a copyright holder alleging improper use of P2P file sharing technology on the University network, the University can and will take appropriate disciplinary action against the user.