Re: RIAA Moves Against College-Network Fileswapping

["Bruhn, Mark S." <mbruhn () INDIANA EDU>]

This supports the notion that policies shouldn't be written unless they
are necessary for specific situations, and unless the organization has
the means and desire to enforce them.  This is one  of the reasons
(though maybe not the most important) we don't have such a policy, and
indeed this citation lends add'l credibility to how most of us operate
in this area (reactive instead of proactive).
M.
 
-- 
Mark S. Bruhn, CISSP 

Chief IT Security and Policy Officer 
Interim Director, Research and Educational Networking Information
Sharing and Analysis Center (ren-isac () iu edu) 

Office of the Vice President for Information Technology and CIO 
Indiana University 
812-855-0326 

Incidents involving IU IT resources: it-incident () iu edu 
Complaints/kudos about OVPIT/UITS services: itombuds () iu edu 


-----Original Message-----
From: Robert Myles [mailto:mylesr () OHSU EDU] 
Sent: Friday, April 04, 2003 10:23 AM
To: SECURITY () LISTSERV EDUCAUSE EDU
Subject: Re: [SECURITY] RIAA Moves Against College-Network Fileswapping


There is precedence for the suit against the institution, case was
settled for 1.5 million last year in the southwest against a company
that had a policy against download of MP3's and P2P software, new of a
P2P server on their system that they did not get around to shutting
down, and were found a fault for not following their own policy.
Lawsuits always go for the deep pockets!!
 
Robert Myles, CISSP
Information Security Officer
Oregon Health & Science University


> > > tbm3 () CORNELL EDU 4/4/2003 4:44:03 AM >>>
Great question, the answer of which may substantially depend on whether
they followed DMCA registration and procedures.  Verizon did not, which
is
why RIAA subpoenaed them for user name.  If these schools follow "safe
harbor" provisions of the DMCA, they should be immune from contributory
copyright liability.  And even if they did not, there is language in the
DMCA regarding ISPs which should go a long towards protecting them.  But
still, these are $64,000 questions, becoming more costly by the minute.

Tracy

At 06:30 AM 4/4/2003 -0600, you wrote:
> Do you feel this excludes them from turning a law suit against the
college
> network operators next?  Especially if they feel a college hasn't done
> enough to discourage the activity?
>
> Ken M. Shaurette, CISSP, CISA, CISM, IAM
> Omni Tech Corporation, www.omnitechcorp.com
> (262) 523-3304
>
>         -----Original Message-----
>         From: Tracy Mitrano [mailto:tbm3 () CORNELL EDU]
>         Sent: Thu 4/3/2003 9:06 PM
>         To: SECURITY () LISTSERV EDUCAUSE EDU
>         Cc:
>         Subject: Re: [SECURITY] RIAA Moves Against College-Network
> Fileswapping
>
>
>
>         Please note, the action is not against network operators, but
users,
>         students.  Attached is the RIAA letter concerning this
> matter.  Tracy Mitrano
>
>
>         At 08:56 PM 4/3/2003 -0500, you wrote:
>         >For those of you that don't read slashdot -
>         >
>         >"The RIAA is taking action against college "Napster
networks".
> It's suing
>         >four network operators, two at Renssalaer Polytechnic
Institute,
> one at
>         >Princeton University, and one at Michigan Technological
> University."..
>         >
>         >http://yro.slashdot.org/yro/03/04/03/2312220.shtml?tid=141
>         >
>         >If you have lots of p2p traffic on your network you might
want
> to touched
>         >base with your general council, if you haven't already.
>         >
>         >Cheers -
>         >
>         >**********
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