[1100] in resnet
Re: copyright violations
daemon@ATHENA.MIT.EDU (Darrin Printy)
Wed Apr 3 16:07:37 2002
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Message-ID: <A17AA9D6C953D640B218FCB1EB216196162F92@EXCHANGE.campus.stcloudstate.edu>
Date: Wed, 3 Apr 2002 14:47:57 -0600
Reply-To: Resnet Forum <RESNET-L@listserv.nd.edu>
From: Darrin Printy <dprinty@STCLOUDSTATE.EDU>
To: RESNET-L@listserv.nd.edu
Hello Wendy,
Unless something has changed in the last year, our Colleges and Universities are required to act in order to limit our potential liability. See the link below "Summary/explanation..." The first thing we as Online Service Providers ("OSPs") are required to do is designate an agent to received notices of copyright infringement. Kent State has done this, as most institutions have either at the local or state level (see directory of agents link below).
Basically what this all says, as it has been explained to me, is that once the University becomes aware of an infringement, they must comply with "take down" and "put back" notice requirements in order to limit the liability. Any adjudication done locally through Student Affairs or other campus processes is usually separate from this. Although I would recommend you error on the side of caution, be careful not to react too quickly without good information especially when receiving "notifications" from an entity such as NETPD. If you get an email notice in particular, direct them to your Designated Agent. The Designated Agent should be requesting the complaint in writing. You may find they(complainant) don't respond to your emails. If they do end up filing a legitimate complaint with your agent or can prove the University had knowledge of a violation and did nothing, then yes you can be held liable.
You might want to read the following links and get to know your designated agent and work with them to determine how the University will go about complying. Just because most of the complaints involving any policy violations pointed toward ResNeters, I just naturally became involved with coordinating the handling of complaints (both here and at Potsdam). This may involved the public affairs office, Res. Life, Student Affairs, the Information Technology folks and others. It really depends on how your campus handles other technology related complaints. And probably if you volunteer, your colleagues will be more than happy to let you handle these "problems". :-)
Educause page of links http://www.educause.edu/issues/dmca.html
Summary/explanation of what the DCMA really means and what we must do to limit liability http://www.arl.org/info/frn/copy/osp.html
Directory of Agents http://www.loc.gov/copyright/onlinesp/list/index.html
Darrin Printy
ResNet Coordinator
St. Cloud State University
320.255.3091
dprinty@stcloudstate.edu
-----Original Message-----
From: Wendy Shih [mailto:wshih@KENT.EDU]
Sent: Tuesday, April 02, 2002 3:13 PM
To: RESNET-L@listserv.nd.edu
Subject: copyright violations
Hi,
A question is been raised here about if the university should deal with
the copyright violations that was notified from entities like RIAA,
Motion Pictures Association, etc.,
Is your ResNet administration responsible for the sanctions at all or do
you turn them over to your judicial office/ legal department?
I also wonder if those entities like RIAA go after Time Warner or AOL
users? Are the ISPs responsible for the actions of the users?
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