Here's what BAYU does:
Here's what BAYU does not do:
Here's why BAYU does not block uploading:
Because BAYU does not look at the content of the uploading, it will detect and respond to any type of uploading that fits the programmed protocol, without regard to its legality. The fact that BAYU has detected uploading and has sent notification to a user is in no way a determination (or even an indication) that the activity it recognized was unlawful or a violation of University policy.
P2P file-sharing is lawful. Yes, that's right: there is nothing, per se, illegal about using file-sharing software or installing it on a computer. What can be unlawful, however, is how and/or what people file-share. File-sharing software is often free and easy to find, download, install, and use. Unfortunately, because it is so easy to find and use, P2P users do not necessarily realize the risks they are taking when they use it.
We initiated BAYU because P2P technology makes it easy for users to upload unwittingly. We have found, of instance, that most of our students who receive takedown notices or pre-litigation letters are completely unaware that they were making available or uploading copyrighted works. While P2P software is easy to use, it is difficult for users to notice that they are uploading — especially if they don't know what to look for or even that they should be looking. Moreover, even for users who try to "turn off" uploading settings, there are a variety of ways in which uploading can, unbeknownst to the user, be turned back on. Where using P2P technologies to download content requires a conscious action from the user, making works available and uploading can happen completely without the knowledge or intent of the user.
Another reason for initiating BAYU is that careless or unwitting P2P file-sharing opens a computer to being infected by viruses and worms, or being taken over and used for someone else's purposes. Not only can individual machines be affected, but they can, in turn, infect other machines in the University networks. Moreover, users may be exposing themselves to identity theft and may risk private materials being made public.
With BAYU, we strive to educate our students about the potential dangers of P2P file-sharing so that they can act responsibly to
We use a variety of methods to address the complexities associated with P2P file-sharing on our campus — some are administrative processes that may result in sanctions (our Statement of Student Rights and Responsibilities), some are technological (traffic shaping), some are licensed services (cDigix and Rukus), and others are educational (symposia and our "bandwidth hogs" educational campaigns). BAYU is meant to be educational.
Because uploading is so easily unwitting, BAYU creates "teachable moments" that give us the opportunity to inform students about copyright law and the risks of P2P file-sharing in a non-threatening context.
No judicial or punitive component exists in BAYU. Nor are users required to use the BAYU service. In fact, users who have received at least one notice from BAYU may, at their own discretion, choose to opt out of receiving additional messages for the remainder of the term. Last year, significantly less than .1% of the users of the BAYU covered networks opted out. We believe that this is because they found the educational, non-threatening approach helpful to them.
We believe that students who take advantage of the information provided by BAYU are more likely to adhere to our policies and the law regarding copyright infringement, and therefore to protect themselves from legal action. In addition, by engaging in only lawful and careful P2P file-sharing, students can also lessen their computers' vulnerability to infection. In the process of protecting themselves and their computers, students also help protect the University, its resources, and its reputation.
An important aspect of our approach is the protection of personal privacy, a long-held tradition and policy at the University of Michigan. We make every reasonable attempt with BAYU to protect the anonymity of the user. We retain data on individuals only to the extent necessary and only long enough for the service to function. We never look at the content on users' computers (or other devices) or at the content of the traffic that passes through the service.
We developed BAYU with the above parameters uppermost in our minds. You will need to examine your own philosophy and goals to determine your approach.
BAYU functions automatically on selected University networks (currently only networks that serve on-campus housing). It is not downloaded, installed, or updated to users' computers.
The user may act on the notification as he or she sees fit. The BAYU website offers information about how to
Since BAYU is programmed only to detect uploading and notify the user, it does not
BAYU has clearly made a difference. Historically, the overwhelming majority of takedown notices targeted students in the residence halls, but since we initiated BAYU on that network, only a small portion of the notices we receive are directed at the residence halls.
It's impossible to determine the exact relationship between the implementation of BAYU and the decrease in takedown notices because we do not know parameters and methods the industries use to issue takedown notices.
We have noticed a significant decrease in the uploading activity on the networks over which BAYU operates. Moreover, we are hearing from many students who were unwittingly making works available for download that they have appreciated the service.
We are in the process of assessing the success of our BAYU service. Below are some of the areas we are examining.
Time constraints precluded our gathering and recording extensive data through the traffic shaper before the BAYU service went live. If time allows, we suggest that you record some pre-service data to compare the amount of uploading detected by the traffic shaper before and after you start the service.
What opinions and responses have we received from individuals and groups?
We are currently investigating the possibility of eliminating the annual fee we pay to Packateer for support and updates by using open source software on our existing servers. If this is not possible, we may have to purchase additional traffic shapers for expansion (see below).
We recently extended the BAYU service to our on-campus apartment community. This group operates on a different network from our residence halls, but we are able to channel traffic through our existing equipment. The population in the apartments includes a broader community. We anticipate communicating differently to this diverse group.
We plan to expand the service to our campus wireless network, which will include some Internet traffic from a wider portion of the community. We expect this expansion to present a new set of challenges.
As evaluation of our first year of BAYU proceeds, we will update and improve the BAYU website accordingly.
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