StreamCast Networks, Inc. dba Morpheus™

Morpheus Consumer Disclosures

July 16, 2007

(Revision 1)
Introduction

 

 

            The purpose of the Morpheus Consumer Disclosures User Guide is to make readily available to users of the Morpheus client software information regarding installation, configuration, privacy, data security, confidentiality, and prevent sharing of inappropriate file content.  It further empowers the Morpheus user in controlling the Morpheus application and prevents security breaches and inadvertent file sharing.

           

This document contains illustrations ("screen shots") captured directly from the Morpheus software and the morpheus.com website, along with reprints of the text included in each figure (either in its entirety or excerpted, as relevant).

           

The letter codes in the legend correspond to those contained in the Morpheus User Guide Checklist, as shown on page four. The criteria are broken down into three major categories — "Installation & Configuration," "Compliance with Applicable Law" and "Privacy, Security, Confidentiality" — and then into individual requirements, each with its own corresponding letter code.

           

            StreamCast continues to improve the functionality of the Morpheus software, the user experience of the Morpheus software, and where there is room for improvement, information and disclosures about Morpheus, therefore the Morpheus Consumer Disclosures Guide may be updated from time to time.  We encourage users to review this Guide periodically, as well as the FAQ’s, if users have questions about how Morpheus operates.  StreamCast does not monitor chat rooms, forums or blogs about Morpheus, so users are discouraged from relying on those.  

 

MORPHEUS CONSUMER DISCLOSURES CHECKLIST

 

 

INSTALLATION AND CONFIGURATION

 

• Morpheus software is never installed or upgraded on any user’s computer without first obtaining the user’s active informed consent and is l not upgraded without the informed consent of the user upon initial installation of automatically upgradeable versions of Morpheus.

 

• Morpheus software (including other software installed with it) is always easily uninstalled by the user and never leaves any functionality or recursive, duping, or share features behind upon reinstallation or new installation without fully informing the user of this.

 

• Morpheus software and associated user instructions always conspicuously require the user to confirm that the folder(s) containing the file material that the user wishes to make available to other users before making such material available, and is designed to reasonably prevent the inadvertent designation of the content of the user’s entire hard drive (or other principal data repository) as material available to other users.

 

 

COMPLIANCE WITH APPLICABLE LAW

 

• The user of Morpheus’ software are always prominently informed that the use of the software for illegal activities, including particularly infringe­ment of intellectual property laws, is strictly forbidden and may subject the user or the ISP subscriber that the computer accesses the internet through to civil and/or criminal penalties.

 

• Appropriate online links to one or more responsible sources of information regarding the nature and scope of applicable copyright law is and shall be prominently provided to users.

 

• Morpheus always complies with the Children's Online Privacy Protection Act and cooperates with governmental agencies to eliminate and prosecute trafficking in child pornography and other similar crimes.

 

USER PRIVACY, SECURITY AND CONFIDENTIALITY

 

• Morpheus always prominently posts user privacy principles on its website.

 

• Morpheus always makes readily available to users of its software information regarding the potential risk of inadvertent exposure to children of inappropriate file content.

 

• Morpheus always incorporates easy-to-use features into its software that enable adults to restrict use of the software to designated members of their households. 

 

• Morpheus never, without a user’s informed and confirmed consent, disclose personal informa­tion about the user or the user’s online activities to third parties unless required by law to do so.

Consumer Disclosures Guide Checklist

 

 

Installation & Configuration	Consent	A
	Uninstall	B
	Security	C
Compliance With Applicable Law	Illegal Use	D
	Copyright Links	E
	COPA / Kid Porn	F
Privacy, DATA Security, Confidentiality	Privacy Principles	G
	Kid Risk	H
	Password Control	I
	Disclosure Consent	J

 

Morpheus Consumer Disclosures Guide Chart Legend

 

A – Installation & Configuration: Consent

 

 

Figure A-1

Text from Figure A-1:

 

Morpheus Setup

Installation Agreement

Please review the terms before installing Morpheus.  Morpheus is a product of StreamCast Networks, Inc.  Press Page Down to read the rest of the agreement.  If you accept the terms of the agreement, click I agree to continue.  You must accept the agreement to install Morpheus.

 

Users are prompted to scroll down in order read the entire Installation Agreement which is contained in this screen.  Users must agree to the terms of this agreement before the Morpheus application is installed. 

 

B – Installation & Configuration: Uninstall

 

 

 

Figure B-1

Text from Figure B-1:

 

To change this program or remove it from your computer, click Change/Remove and follow the instructions presented.

Fig B - 2

 

Text from Fig B-2

 

1.5       How do I remove/uninstall Morpheus?

 

Fig B -3

 

Text from Fig B-3

 

1.5       How do I remove/uninstall Morpheus?

Go to Add/Remove Programs in the Windows Control Panel to remove the program

 

 

C – Installation & Configuration: Security

 

 

To prevent inadvertent file-sharing of personal files including personal and sensitive document files such as tax returns or work-related files that shouldn’t be made available or files that would compromise individual privacy or national security, this feature is included as part of the install process. (see Fig C-1)

 

Figure C-1

 

During the Morpheus install process, users are always prompted to Edit the Directory and Subdirectory where shared folders are located.  Folders and files can be manipulated during the install process.

 

Users are always given clear and conspicuous options to Setup to Add or Remove files and folders they wish to share.

 

Text from Figure C-1:

 

Morpheus Shared Setup Folder

Directory
* Please remove any folders or files listed in your Shared Folder directory that you do not want to share.  Files downloaded using Morpheus are automatically placed in the Shared Folder.  If reinstalling Morpheus, your previous Shared Folder, and subfolders and files will be available for sharing unless removed by the user. 

For more info click here

Figure C-2

 

Figure C-2

The Shared Folders Directory, accessible after a user has installed the application by clicking the Preferences tab, allows users to edit or specify which folders they want to share. 

 

Text from Figure C-2

 

Files downloaded using Morpheus are automatically placed in the Shared Folder.  Files that have not yet fully downloaded are placed in a “Partials” folder until they have been completely downloaded, at which time they are automatically transferred to the Download folder within the Shared Folder.  The Partial folder may be located in the Morpheus Program Folder.  Upon the completed download, the contents of the partial download associated with that file are automatically transferred to the Download folder within the Shared Folder.  Please remove any folders or files listed in the Shared Folders or the Download Folders or Partial Folder list you do not want shared.

 

Figure C–3

 

Figure C-4

 

Figures C-3 and C-4

While the Morpheus application is running and not minimized, users have a constant clear and visible display of exactly how many files they are sharing, which folders they are sharing, and options to easily configure those folders and files.   This best-of-breed display also shows users how many downloads and uploads are in place; which networks a users is connected to; and whether or not a user’s security firewall is active.

 

This main screen clearly displays to users how many files they are sharing and the type, size, and extensions of those files as well as which folders are being shared.  Users can easily configure their shared folders from this main interface.

 

Figure C-5

 

Figure C-5

Users are always given a clear and concise warning if they attempt to share an entire drive.  To further prevent the risk of sharing their Windows files inadvertently, the sharing of a user’s entire Microsoft Windows folder is not allowed.

 

Text from Figure C-5

 

You have selected to share an entire hard drive and all its files.  It is not advisable to do so unless you are certain you want to share all the contents on the drive.   Are you sure you want to proceed?

 

Fig C-6

 

Morpheus’ own Wiki[†] is an additional source for users to better understand how to user Morpheus safely and securely.

Text from Fig C-6

 

6. Sharing and Transferring

6.1       Do Not Infringe Copyright

SHARE RESPONSIBLY: Using Morpheus® or Morpheus Ultra™ for the uploading or downloading of copyrighted works without the permission or authorization of the copyright holders may be illegal and could subject you (or the ISP subscriber) to civil and/or criminal liability and penalties. For more information about U.S. copyright law, please visit http://lcweb.loc.gov/copyright/ and http://www.copyright.gov/title17.¥

6.2       Can other peers obtain files I am currently downloading?

When a file download is in progress, it’s considered as a partial file and those parts already downloaded and in the process of being downloaded will be shared with other users. Partial files are shared as part of the download mesh that is a standard feature of P2P software and a technological advantage of file-sharing applications.

6.3       How do I manage my shared/download folders?

Managing your folders is easy! At the top of your screen, go to Preferences > Folders and from there you can add or remove shared folders, as well as designate where you want your downloads go.

6.4       What if I no longer want to share my files or downloaded files?

Go to Preferences > Folders as stated in the question above. Files downloaded using Morpheus are automatically placed in the shared folder. Please remove any folders or files listed in your Shared Folder directory that you do not want to share.

6.5       Will my Morpheus Ultra experience be affected by the number of files I share?

Yes, the more shared files available, the better everyone’s experience will be

6.6       How do I submit my own songs, games, etc?

Simply put them in your share folder. To find your shared folder, look in Preferences > Folders and follow the path or add a new folder.

SHARE RESPONSIBLY: Using Morpheus® or Morpheus Ultra™ for the uploading or downloading of copyrighted works without the permission or authorization of the copyright holders may be illegal and could subject you (or the ISP subscriber) to civil and/or criminal liability and penalties. For more information about U.S. copyright law, please visit http://lcweb.loc.gov/copyright/ and http://www.copyright.gov/title17.¥

6.7       How Do I share additional folders?

Click on Preferences > Folders. There you can specify which folders you want to share with the network. Click the Add button in order to locate other folders that are not already listed, or highlight a folder from the list and click the Remove Button if you no longer want to share it.

6.8       Where do I check the status of my downloads/transfers?

By clicking the Traffic Tab, you will be taken to the downloads and uploads section of Morpheus where you will see the status of your transfers. Note that completed downloads will automatically appear in the My Files tab.

6.9       Where is the default 'Downloads' folder located?

The path to the 'Downloads' folder is: My Documents\Morpheus Shared\Downloads. Morpheus also places a shortcut to this location on the Desktop after installation.

7.0       Why aren't my files sharing properly? I never see any uploads?

The 'Uploads' section of Transfer currently doesn't save your completed uploads, and they are cleared from the screen when completed; it will only show uploads actively in progress. Additionally, if you're behind a firewall, note that other firewalled users cannot download a file from you unless you have UPnP functionality activated. To activate UPnP, go to Preferences > Internet Connection and check the box for Try to use UPnP (if firewalled)

Security

Fig C-7

Text from Fig C-7

Who has access to my files?

Other users can only access what is in your shared and partials (and download) folders (You can see what folders you're sharing by going to Preferences > Folders).  Partial files can be viewed in the My Files interface.  Monitor your shared folders to make sure nothing personal is being shared.

Is my system susceptible to viruses, spyware and Trojans? What can I do to prevent those risks?

Yes, we strongly recommend that you use the most updated virus scanning program whenever you download anything from the internet, especially from unknown sources.

Does Morpheus have spyware or bundles?

Morpheus does not contain or bundle malicious spyware of any kind. Morpheus has an optional Morpheus Toolbar that is offered at the time of post-installation. A user must opt-in to install the Morpheus Toolbar and it is not required for Morpheus to function.

 

D – Compliance with Applicable Law: Illegal Use

 

Figure D-1

 

Text from Figure D-1:

 

Note: The use of Morpheus software for illegal activities, including infringement of intellectual property laws, is strictly forbidden and may subject the user to civil and/or criminal penalties.

 

Figure D-2

 

Text from Figure D-2:

 

Copyright law and laws pertaining to patents and inventions protect original works of authorship and inventions.  Individuals who reproduce, distribute copies, receive copies, publicly perform or display works or inventions other than their own and without the consent of the owners or holders of rights, or their authorized agents, in original works of authorship or inventions, may be in violation of copyright, patent and other laws applicable to an individual's specific country. StreamCast does not condone copyright, patent or other intellectual property infringement. If you locate any material being shared by a user who you believe may be in violation of copyright or other intellectual property law, please report your concerns to that user directly.  This is not intended to be legal advice or counsel.  If you have any questions consult your attorney.

The use of Morpheus for illegal activities, including infringement of intellectual property laws, may subject the infringing user to civil and/or criminal penalties.

Morpheus’ uses of the logos of its competitors or P2P networks is not intended to imply that Morpheus (StreamCast Networks, Inc.) or any of its competitors is or are in any way associated or affiliated with, acquiring, or endorsing each other

StreamCast does not condone copyright, patent or other intellectual property infringement. Due to the nature of peer-to-peer software, StreamCast Networks is unable to monitor or control the files searched for or shared using Morpheus.  If you locate any material being shared by a user who you believe may be in violation of copyright or other intellectual property law, please report your concerns to that user directly. This is not intended to be legal advice or counsel.  If you have any questions consult your attorney.

 

E – Compliance with Applicable Law: Copyright Links

 

 

Figure E-1

Text from Figure E-1:

Downloading

Do Not Infringe Copyright

SHARE RESPONSIBLY: Using Morpheus® or Morpheus Ultra™ for the uploading or downloading of copyrighted works without the permission or authorization of the copyright holders may be illegal and could subject you (or the ISP subscriber) to civil and/or criminal liability and penalties. For more information about U.S. copyright law, please visit http://lcweb.loc.gov/copyright/ and http://www.copyright.gov/title17.¥

Why can’t I download all the files that I search for in Morpheus?

While some files you find with Morpheus are free and authorized for download, some files are not. When you click to download a file that might not be authorized for free downloading, you might be directed to a website, such as amazon.com or buy.com, where you might be able to sample and/or purchase or license the file from or through that web-site. After you click one of these files, it will appear red in the search results. The red mark will remain for the current session only. These pop-ups are temporary. We anticipate that in the near future content that is not yet authorized for downloading will be authorized by the copyright holders for downloading either for free, as a piece of sponsored or promotional content, or for purchase or licensing. While the database and accuracy for determining whether files are not authorized by copyright holders for free downloading is improving, Morpheus disclaims any warranty about any part of this process. See, also Disclaimer of Warranties Limitation of Liabilities, Governing Law (http://www.morpheus.com/notices.asp).

Figure E-2

Text from Figure E-2

*SHARE RESPONSIBLY: Using Morpheus® or Morpheus Ultra™ for the uploading or downloading of copyrighted works without the permission or authorization of the copyright holders may be illegal and could subject you (or the ISP subscriber) to civil and/or criminal liability and penalties. For more information about U.S. copyright law, please visit http://lcweb.loc.gov/copyright/and http://www.copyright.gov/title17.¥

¥ Some content included on or with Morpheus Ultra™ may be reproduced, uploaded and downloaded.‡

‡ There are a significant number of copyright holders who have authorized the sharing of their content for non-commercial purposes, such as some content with Creative Commons format licenses§, and there is also content available in the public domain and not protected by copyright. Most commercially released popular songs, films, and software are NOT currently authorized for free redistribution but require separate purchase or licensing. Morpheus does not validate or verify whether those who represent or otherwise hold out or imply that they are rights holders are in fact holders of all rights necessary to authorize the licensing, downloading, distribution, exhibition, performance, or manufacture of content.

§ Morpheus assumes no responsibility for a CC-Lookup, and is not involved in the look-up process. Morpheus does not validate or verify whether the copyright holders of works have, in fact, granted users a Creative Commons format license or any other license.

Morpheus is testing a process intended to help prevent files with content not authorized by the copyright holders for free downloading from being downloaded for free. See F.A.Q regarding filtering.

See our Disclaimer of Warranties, Limitations of Liabilities, Law and Venue.

**Morpheus’ use of the names, marks, or logos of its competitors or products or services owned by persons other than StreamCast that are accessible or usable with or through Morpheus or P2P networks is not intended to imply that Morpheus (StreamCast Networks, Inc.) or any of its competitors or owners of other brands of products or services are in any way associated or affiliated with, acquiring, or endorsing each other.   Morpheus™ is a product of StreamCast Networks, Inc. NEOnet™ is a product of, and Neo Network™ is a trademark of Gnuterra Corporation. All rights, including copyrights, trademarks, and patents pending and issued are reserved to the respective rights holders and licensors.

 

F – Compliance with Applicable Law: Children’s Online Privacy Protection Act / Kid Porn

 

 

Figure F-1

 

Text from Fig F-1

LEARN HOW TO USE P2P SAFELY

IMPORTANT COPYRIGHT ADVISORY

 

Figure F-2

 

Text from Fig F-2

Click Here for Important Information about Using P2P Software Safely.

Figure F-3

 

Excerpt of Text from Figure F-3:

 

Morpheus takes care to protect the safety and privacy of young people accessing Morpheus.com or using our multi-purpose file-sharing software program, and encourages parents to participate in your child's experience in cyberspace. Morpheus.com is a general audience site, and we do not knowingly collect information about children. Morpheus recommends that parents use Morpheus' Parental Controls on the Morpheus application. To further reduce the risk of inadvertently exposing children to inappropriate file content, you can also obtain additional information about safe surfing through the Federal Trade Commission web site: http://www.ftc.gov/bcp/conline/pubs/online/sitesee.htm

G – Privacy, Security, Confidentiality: Privacy Principles

 

 

 

Figure G-1

 

Excerpt of Text from Figure G-1:

Privacy Principles

Morpheus values your anonymity and privacy. Morpheus does not contain or bundle malicious spyware. Upon being served with valid subpoenas or warrants, Morpheus will cooperate with governmental agencies to eliminate and prosecute trafficking in child pornography and other similar crimes. If there are any folders on your computer you do not wish to share, please be certain to remove them from your shared folders directory.

Morpheus will not, without a user's informed and confirmed consent, disclose any personal information about the user or the user's online activities, to any third party, unless required to by law. Morpheus includes a cookie that is specific to the Morpheus software. This cookie is used only for identifying the unique installation of the Morpheus application, when visiting the Morpheus web site, and when the application is activated. No personal information is stored or transmitted. Morpheus does not monitor report or collect a user’s search, download, upload, or web browser behavior.

The notices, warnings and principles discussed above are for user information and to guide the user in using the Morpheus software legally and appropriately. Nothing above forms any agreements, licenses, or contracts between StreamCast Networks, Inc. (Morpheus®) and the user.

 

 

H – Privacy, Security, Confidentiality: Kid Risk

 

Figure H-1

 

Excerpt from Text of Image H-1:

 

Morpheus takes care to protect the safety and privacy of young people accessing Morpheus.com or using our multi-purpose file-sharing software program, and encourages parents to participate in your child's experience in cyberspace. Morpheus.com is a general audience site, and we do not knowingly collect information about children. Morpheus recommends that parents use Morpheus' Parental Controls on the Morpheus application. To further reduce the risk of inadvertently exposing children to inappropriate file content, you can also obtain additional information about safe surfing through the Federal Trade Commission web site http://www.ftc.gov/bcp/conline/pubs/online/sitesee.htm.

 

I – Privacy, Security and Confidentiality: Password Control

 

 

Figure I-1

Text from Figure I-1:

 

Parental Control Filters

Parental Filter List
Block List

 

Add words or phrases to this list that you want to filter, they should be comma separated, for example, sex, drugs, rock and roll.

 

Password Protection

We advise that you protect this page with the password. To do that, click the button to the left.

 

 

Fig I-2

Text from Figure I-2

Parental Control

Morpheus includes password protected Parental Controls. These functions give you the ability to add some extra layers of protection, security, and preferences to your Morpheus experience.

To access these functions, navigate to Preferences > Parental Control.

If this is your first time accessing these settings, you should create a password that is then used for all the functions in this area. Please choose a password that is not easily guessable, yet something you will remember.

For added control, you have the ability to create your own filter sets which will be applied when searching.

Additionally, you can decide to protect Morpheus' search field from performing any searches as a second layer of protection. Only entering the parental control password can disable this protective option.

Lastly, for the greatest level of control preventing others from using Morpheus without your permission or presence, you can choose to check the option to password protect entire Morpheus application as shown above which allows you to minimize Morpheus or close it, both becoming password protected. This gives you the ability to leave your shared computer alone with peace of mind, whether you choose to leave Morpheus open or exit the program.

Related: Parent's Guide to Internet Safety Parent Resource Center (http://www.p2punited.org/parents.php)

J – Privacy, Security, Confidentiality: Disclosure Consent

 

 

Figure J-1

 

Text from Figure J-1:

Privacy Principles

Morpheus values your anonymity and privacy. Morpheus does not contain or bundle malicious spyware. Upon being served with valid subpoenas or warrants, Morpheus will cooperate with governmental agencies to eliminate and prosecute trafficking in child pornography and other similar crimes. If there are any folders on your computer you do not wish to share, please be certain to remove them from your shared folders directory.

Morpheus will not, without a user's informed and confirmed consent, disclose any personal information about the user or the user's online activities, to any third party, unless required to by law. Morpheus includes a cookie that is specific to the Morpheus software. This cookie is used only for identifying the unique installation of the Morpheus application, when visiting the Morpheus web site, and when the application is activated. No personal information is stored or transmitted. Morpheus does not monitor report or collect a user’s search, download, upload, or web browser behavior.

The notices, warnings and principles discussed above are for user information and to guide the user in using the Morpheus software legally and appropriately. Nothing above forms any agreements, licenses, or contracts between StreamCast Networks, Inc. (Morpheus®) and the user.