Transcript of COPYRIGHT COMPLAINTS Why, What, How, and Who. Why Are We Doing This? “To promote the Progress of...
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- COPYRIGHT COMPLAINTS Why, What, How, and Who
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- Why Are We Doing This? To promote the Progress of Science and
useful Arts, by securing for limited Times to Authors and Inventors
the exclusive Right to their respective Writings and Discoveries.
[Article I, Section 8, Clause 8 of the United States
Constitution]
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- Why Are We Doing This? True or false: Preserve Internet
capacity for all Educate about intellectual property Malware Policy
Law Punish impoverished college students Funding Nothing better to
do Institutional liability
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- Since 1790 Copyright Act of 1976 75 years or life of author
plus 50 years 1998: Digital Millennium Copyright Act (DMCA) Fair
use in a digital environment Online service provider (OSP)
liability Safe harbors Damages Takedown notices Are we an OSP?
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- Civil and Criminal Penalties for Violation of Federal Copyright
Laws Copyright infringement is the act of exercising, without
permission or legal authority, one or more of the exclusive rights
granted to the copyright owner under section 106 of the Copyright
Act (Title 17 of the United States Code). These rights include the
right to reproduce or distribute a copyrighted work. In the
file-sharing context, downloading or uploading substantial parts of
a copyrighted work without authority constitutes an infringement.
Penalties for copyright infringement include civil and criminal
penalties. In general, anyone found liable for civil copyright
infringement may be ordered to pay either actual damages or
"statutory" damages affixed at not less than $750 and not more than
$30,000 per work infringed. For "willful" infringement, a court may
award up to $150,000 per work infringed. A court can, in its
discretion, also assess costs and attorneys' fees. For details, see
Title 17, United States Code, Sections 504, 505. Willful copyright
infringement can also result in criminal penalties, including
imprisonment of up to five years and fines of up to $250,000 per
offense. For more information, please see the web site and FAQ of
the U.S. Copyright Office.web site and FAQ of the U.S. Copyright
Office.
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- Higher Education Opportunities Act (HEOA) of 2008 HEOA provides
financial support and operational guidance for US institutions of
higher education Peer-to-Peer File Sharing Requirements Written
plans to "effectively combat the unauthorized distribution of
copyrighted materials by users of the institution's network
Periodic reviews of the legal alternatives for downloading or
otherwise acquiring copyrighted material Make available the results
of the periodic reviews of (2) to students through a web site or
via other means To the extent practicable, offer legal alternatives
for downloading or otherwise acquiring copyrighted material
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- UVMS HEOA Compliance Web Site uvm.edu/it/policies/heoa.php
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- HEOA Compliance Web Site Unauthorized distribution of
copyrighted material, including peer-to-peer file sharing, may
subject a student to civil and criminal liabilities and to
University judicial sanctions. UVM policy prohibits unlawful use of
computers or network accounts. Violations may result in suspension
or termination of access to UVM's network or to services available
through that network, and may result in disciplinary action through
the Center for Student Ethics and Standards, including academic
expulsion, employment termination, or criminal prosecution.
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- Effectively combat the unauthorized distribution of copyrighted
materials Computer, Communication, and Network Technology
Acceptable Use Policy Unlawful use of computers or network accounts
[which] includes, but is not limited to, defamation; obscenity;
unlawful discrimination or harassment; violation of copyrights,
trademarks, or licenses; and violation of other rights. Acknowledge
when activating Net-ID.Net-ID. Education Web site Student policy
notice Technologies: Bandwidth limiting Network Registration
Wireless login Authenticated software downloads Enforcement:
Responding to Digital Millennium Copyright Act (DMCA) notices
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- How to Get into Trouble True or False? Download movies Share
music and movies youve purchased Share music & movies you didnt
buy Share music with iTunes Set up a wireless router Install
Frostwire Install uTorrent
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- Here Comes Trouble: DMCA Notice Subject: Copyright Infringement
- Notice ID # 22213697104 -----BEGIN PGP SIGNED MESSAGE----- Hash:
SHA1 University of Vermont Re : Unauthorized Use of Twentieth
Century FOX Film Corporation Property Notice ID: 22213697104 Notice
Date: 10-29-2010 Email: copyright@uvm.edu Dear Sir or Madam:
Fox.antipiracy@dtecnet.com TWENTIETH CENTURY FOX FILM CORPORATION
and its affiliated companies (collectively, "FOX") are the
exclusive owners of copyrights in motion pictures. It has come to
our attention that University of Vermont is the service provider
for the IP address listed below, from which unauthorized copying
and distribution (downloading, uploading, file serving, file
"swapping" or other similar activities) of FOX'S property is taking
place. The documentation included at the end of this notice
specifies the location of the infringement. We believe that the
Internet access of the user engaging in this infringement is
provided by University of Vermont or a downstream service provider
who purchases this connectivity from University of Vermont. This
unauthorized copying and distribution constitutes copyright
infringement under Section 106 of the U.S. Copyright Act. Depending
upon the type of service University of Vermont is providing to this
IP address, it may have legal and/or equitable liability if it does
not expeditiously remove or disable access to the property listed
below, or if it fails to implement a policy that provides for
termination of subscribers who are repeat infringers (see, 17
U.S.C. 512).
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- DMCA Notice (p.2) Although various legal and equitable remedies
may be available to FOX as a result of such infringement, FOX
believes that the entire Internet community benefits when these
matters are resolved cooperatively. We urge you to take immediate
action to effect removal of the detected infringement listed in the
below report, including: (1) Notify the account holder of this
infringement (2) Require the account holder remove the infringing
material (3) Disable access to the infringing material (4) Take
appropriate action against the account holder under your Abuse
Policy/Terms of Service You can also refer your account holder to
the following website if they have questions about the notice:
www.respectcopyrights.org. For more information on protecting
creativity and respecting copyrights, the account holder can visit
the MPAA's general web site at http://www.mpaa.org/piracy.asp. We
appreciate your efforts toward this common goal. Please send us a
prompt response indicating the actions you have taken to resolve
this matter. Please reference the above noted Notice ID 22213697104
in all correspondence, which should be directed to: Email:
http://www.dtecnet.com/foxnotice The undersigned has a good faith
belief that use of FOX's property in the manner described herein is
not authorized by FOX, its agents or the law. Also, we hereby
state, under penalty of perjury, under the laws of the State of
California and under the laws of the United States, that the
information in this notification is accurate and that the
undersigned is authorized to act on behalf of FOX with respect to
this matter. Please be advised that this letter is not and is not
intended to be a complete statement of the facts or law as they may
pertain to this matter or of FOX's positions, rights or remedies,
legal or equitable, all of which are specifically reserved.
Regards, Thomas Sehested CEO, DtecNet Inc.
http://www.mpaa.org/piracy.asp http://www.dtecnet.com/foxnotice
Phone: 800-605-4953; Fax: 650-560-6385 Fox.antipiracy@dtecnet.com
[A pgp public key is available on the key server at
http://pgp.mit.edu if you would like to verify the authenticity of
this notice.]http://pgp.mit.edu
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- DMCA Notice (p. 3) Evidentiary Information: Notice ID:
22213697104 Asset: JUST WRIGHT Protocol: BitTorrent IP Address:
132.198.104.166 DNS: 132.198.237.239 Port ID: 55909 File Name:
Just.Wright.DVDRip.XviD-ZOOM [NO-RAR] - [ www.torrentday.com ] File
Size: 735221764 Timestamp: 2010-10-28 22:41:04.943 GMT Last Seen
Date: 2010-10-28 22:41:04.943 GMT If you have some issues please
reply to fox.antipiracy@dtecnet.com, reply to no- reply@dtecnet.com
will be ignored.
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- DMCA Notice (p. 4) - ---Start ACNS XML 22213697104 OPEN Normal
Fox Fox 020-3287-8178 fox.antipiracy@dtecnet.com University of
Vermont Dean of Library and Information Technology University of
Vermont 102 Southwick Complex Burlington VT 05405 US
copyright@uvm.edu 2010-10-28T22:41:04.94Z 132.198.237.239 55909
BitTorrent 1 JUST WRIGHT Just.Wright.DVDRip.XviD-ZOOM [NO-RAR] - [
www.torrentday.com ] 735221764 Video
19029204C152702B33416FDE442BA540BE169304 - ---End ACNS XML
-----BEGIN PGP SIGNATURE----- Version: GnuPG v1.4.10 (MingW32)
iEYEARECAAYFAkzLQycACgkQxDbGXOV1jVKKMQCfaavEqpG8S3 ZD2twvy6+sie0u
LB0AoKh6btkIfc1xLD2lwn1RhlGI5ReD =0LtN -----END PGP
SIGNATURE-----http://www.movielabs.com/ACNS/ACNS2v1.xsd
"http://www.movielabs.com/ACNS"http://www.w3.org/2001/XMLSchema-instance">
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- How Many Notices Does UVM Get?
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- When Do Complaints Arrive?
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- What Are They Complaining About?
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- Whos Involved? True or False: When UVM receives a complaint,
___ handles it (or helps) CDC Help Line RA Network Services
Computer Depot Client Services Police Services Center for Student
Ethics and Standards Human Resources Account Services FBI
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- DMCA Notices: First Offense Forward notice of infringement
Reminder that unauthorized distribution of copyrighted material is
prohibited Require confirmation of receipt and intent to comply If
no response ?
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- DMCA Notices: First Offense Forward notice of infringement
Reminder that unauthorized distribution of copyrighted material is
prohibited Require confirmation of receipt and intent to comply If
no response Suspend Internet service Require meeting with Center
for Student Ethics and Standards Approval from CSES and
certification from ETS for removal of any software involved in
infringement are required before restoring internet service
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- Who Did That? Timestamp: 2010-10-28 22:41:04.943 GMT IP
Address: 132.198.104.166 NetReg: IP and time -> MAC address
NetReg: MAC -> Net-ID
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- Please Stop Dear Dean Williams, UVM has received notice,
offending file details are in the time stamp in the agent's letter
at the bottom of this footprint, that your computer has violated
federal copyright law by illegally downloading or sharing
copyright-protected material. Copyright infringement is also a
violation of UVM policy. As required by the Digital Millennium
Copyright Act, you must stop any illegal file-sharing activity
immediately. If you do not legitimately own the work referenced in
the notice, delete it. You will also need to acknowledge this
notice within 3 days by replying to this email. Failure to do so
will result in suspension of network access and judicial action
with the Office of Student Ethics & Standards. Some file
sharing programs share media files without your knowledge, so the
best way to avoid future copyright complaints is to remove file
sharing programs from your computer. If you need help, please visit
the Computer Depot Clinic, 112 Davis Center. For hours; see:
http://www.uvm.edu/ets/help/ For more information please see: UVM's
Computer and Network Use Policy
http://www.uvm.edu/~uvmppg/ppg/cit/com puse.pdf Peer-to-Peer File
Sharing and Copyright Law
http://www.uvm.edu/ets/policies/copyright/ Free or cheap legal
music, movies, and more http://www.educause.edu/legalcontent Thank
you. Your cooperation is greatly appreciated.
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- Were Here to Help (Thats All) Help understand a take-down
notice Guidance on how to respond to a notice Referral for
questions Help remove software involved in infringement Certify
computer is clean Suggest ways to get music and movies for free
without getting caught Make suggestions about legal options Lecture
about breaking the law Punish for breaking the law Commiserate
about how unfair the law is
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- DMCA Notice: Second Offense Forward notice of infringement with
reminder that unauthorized distribution of copyrighted material is
prohibited Require certification within three days from CDC of
removal of infringing file(s) and any software involved in
infringement If no response, or if removal is not certified within
three business days, Suspend Internet service Judicial hearing with
Center for Student Ethics and Standards Permanent judicial record
Approval from CSES and certification from CDC for removal of
infringing file(s) and software involved in infringement
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- Suspending Internet Service Your network access has been
blocked because
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- Your Network Access Has Been Blocked Because Your network
access has been blocked because you are connecting through a
computer or other device for which network registration has been
suspended as a result of a complaint of copyright infringement. The
person who registered the suspended computer or other device has
received email detailing the complaint and the steps required to
restore network access. If your computer is connected directly to a
network jack, the suspended device is most likely your computer. If
your computer is connected in any other way, such as though a
non-UVM wireless router, you should check your computer's MAC
address(es) to see if it matches the MAC address displayed with
this message. You may call the UVM Computing Help Line at 656-2604
for help in determining your computer's MAC address(es). Please
mention Footprint number _________. If this is your MAC address, or
if you have received email concerning a copyright complaint, you
must now contact the Center for Student Ethics & Standards
(CSES) at _____. After meeting with CSES you may visit the Computer
Depot Clinic in the Davis Center to have your computer checked, and
to assist you in preventing future infringements. After contact
with both offices, your computer's network registration will be
unlocked. (Routers, if present, are not authorized for use on the
UVM network and will not be unlocked.) If this is not your
computer's MAC address, should be able to go online by connecting
your computer to a network jack with an Ethernet cable. You may
call the UVM Computing Help Line at 656-2604 for help. UVM is
required by the Digital Millennium Copyright Act and the Higher
Education Opportunity Act to take these actions. Thank you for your
cooperation.
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- Suspending Wireless Do we: NetReg lock Disable Net-ID Limit
wireless access
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- Privacy or Not True or False: UVM provides complainant with
offending students: MAC address Name Net-ID Campus address Judicial
sanctions P2P software found Credit card number
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- Complications Routers Mine or yours Whos responsible? Wireless
Finding Suspending Wireless Prelitigation letters
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- Whats Ahead Wireless in rooms New wording More dangerous
malware More legal options at lower cost
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- OUTTAKES
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- LEGAL SOURCES (optional material)
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- Deterrents to Copyright Infringement Technology-based:
bandwidth limiting Responding to Digital Millennium Copyright Act
(DMCA) notices Network Registration Wireless clients, both UVM
community members and guests, are required to sign in Downloads
from UVM's software library, including software such as Microsoft
campus products, require authentication with UVM NetID/password in
order to comply with license terms and conditions. NetID/password
in order to comply with license terms and conditions.
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- When Do Notices Arrive?
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- CREATORS EXCLUSIVE RIGHTS reproduce (copy), Derivative works
sell, lease, or rent copies Perform in public (including perform a
sound recording by means of digital audio) Display in public
[http://en.wikipedia.org/wiki/Copyright_Act_of_1976]
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- CREATIVE COMMONS