Re: DMCA Infringement Handling

["Doty, Timothy T." <tdoty () MST EDU>]

True, the DMCA does not require that you "disable" someone - that would
probably be illegal J

 

It does require removing access to the allegedly infringing work. ISPs/OSPs
generally don't have authority to take action on the file system of the
indicated system - whether that would be to delete the file or in some other
way block access to it. Nor, thanks to the way P2P filesharing works, do
ISPs/OSPs have the ability to wedge into the protocol and block access to
the single indicated file. But it does require access to the allegedly
infringing work be blocked. I don't find it particularly strange that
ISPs/OSPs often comply with the requirement by terminating network access
when dealing with content stored on a system they do not have legal access
to.

 

We once received a very obviously false but quite properly filed DMCA
notice. I gritted my teeth, but our general counsel required pulling the
allegedly infringing content. A counterclaim can be filed and after some
time the work can be restored. All without any real legal recourse against
abuse of the DMCA system.

 

I suspect you were referring to our (and other) institutions disabling
network access for all devices registered to the user. That is our response
to a validated complaint concerning copyright infringing activities that,
while it may be triggered by receipt of a notice filed according to the
DMCA, does not solely spring from the requirements of the DMCA.

 

In my opinion institutions of higher learning in the United States should be
encouraging ethical behavior. Copyright infringement is specifically against
our student code of conduct. It is in the context of our student code that
the consequences of copyright infringing (from a student's perspective are
made).

 

Tim Doty

 

 

 

From: The EDUCAUSE Security Constituent Group Listserv
[mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Arthur, Matt
Sent: Thursday, September 15, 2011 4:13 PM
To: SECURITY () LISTSERV EDUCAUSE EDU
Subject: Re: [SECURITY] DMCA Infringement Handling

 

A couple of thoughts (along with our 'policy' URL for students and
copyright):

1) Neither DMCA nor HEAO requires you fine or disable anyone on a first
offense.  You must take 'action' for 'repeated' violations.

2) A policy that takes some kind of 'action' (fines or disable network
access) on the first DMCA complaint seems to violate the concept of innocent
until proven guilty.  Something that I doubt institutions of higher learning
in the United States should be doing (my opinion).

3) We have noticed that more and more of our DMCA notices are for IP
addresses outside of the student networks.  Do you 'fine' faculty and staff
members as well?

4) Be sure your institutions policy covers your requirements pursuant to the
HEOA P2P section.  And then be sure you follow your policy!

5) Our student policy URL: http://sts.wustl.edu/index.php?option=com_content
<http://sts.wustl.edu/index.php?option=com_content&view=article&id=59&Itemid
=69> &view=article&id=59&Itemid=69

 

Matt

______________________________________ 
Matthew K. Arthur, CISSP | Director - Media Services & Incident
Communications Solutions
Information Services & Technology | Washington University in St. Louis
Campus Box 1110, 7425 Forsyth Blvd, St. Louis, MO 63105-2161
314.935.3899 o | 314.323.9246 c | arthur () wustl edu

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> -----Original Message-----

> From: The EDUCAUSE Security Constituent Group Listserv

> [mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Bob Bayn

> Sent: Thursday, September 15, 2011 3:30 PM

> To: SECURITY () LISTSERV EDUCAUSE EDU

> Subject: [SECURITY] DMCA Infringement Handling

>

> We are considering revising our DMCA infringement handling procedures,
especially with

> regard to repeat infringers.

>

> I wonder what everybody else is doing with these issues?

>

> We match up the complaint with our IP>Etnernet assignment and network
traffic logs.  I

> forward the complaint to the student and disable their ethernet card
registration.  They are

> required to pay $50 and give an assurance that the infringing file(s) and
filesharing

> software have been removed.  I then re-enable their ethernet card
registration for access to

> our network.

>

> Repeat infringers get the same procedure except that they also are
referred to the VP for

> Student Services for some sort of an appointment.  I do not know what
happens in that

> appointment.

>

> Would you share with me, so I could tabulate it and present the options
others use to our

> administration:

>

> 1) What is your charge or penalty for first and repeat infringement?

> 2) When do disciplinary staff intervene?  first time or repeats?

> 3) How long do you deny network access?

> 4) If a student has multiple devices, do you deny access to all devices or
just the one

> implicated in the complaint?

> 5) Who was involved in the approval process for your procedures?

> 6) How much pushback to you get from users who receive infringement
notices?

> 7) Do you have an appeals process that has ever given an infringing user
any relief?

> 8) May I use your institution name along with your other responses in my
report to the

> administration?

>

> Finally, a slightly separate question:

> 9) Do you ever get complaints forwarded from an agent of the pornography
industry?  (we

> have seen a few recently)

>

> Thanks for any info you are willing to share.

>

> Bob Bayn          (435)797-2396            IT Security Team

> We will never send you email asking for your password

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