[25799] in resnet
Re: RIAA Notifications - Possible D2L Course
daemon@ATHENA.MIT.EDU (Isac Balder)
Fri Jan 21 10:53:15 2011
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Date: Fri, 21 Jan 2011 07:52:54 -0800
Reply-To: Resnet Forum <RESNET-L@listserv.nd.edu>
From: Isac Balder <piis8@yahoo.com>
To: RESNET-L@listserv.nd.edu
In-Reply-To: <4D3874B6.50107@uwrf.edu>
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I'm not a lawyer, this is not legal advice.
I would have to refresh my memory on the current statutes regarding a unive=
rsities "required" due diligence for file sharing but between CALEA and som=
thing else that came out last year I would be very careful in formally tyin=
g any policy and action to RIAA or any agency sending the cease and desist =
letters.
By framing your actions around a response to agency X you could arguable be=
assisting that agency in their legal action against an individual and this=
is not the place you want to be. =C2=A0You want to remain neutral.
Any actions should be tied to and only reference "corporate" policy. =C2=A0=
The university does not allow file sharing of copyrighted content, for whic=
h a restrictive license applies to that contents use. (arguably all content=
is copyrighted, it is more a question of a closed copyright based on monet=
ary value or an open copyright such as creative commons). =C2=A0RIAA notice=
s and DMCA cease and desist letters are merely an external notification tha=
t copyright content was found on your IP space. =C2=A0But you can also beco=
me aware of such violations via many other vectors. =C2=A0Therefore all act=
ions taken by the university are in response to your policy not because of =
or on behalf of any given agency.
Sure it's a thin argument but I think that distinction should be made.
Now you can simply state that upon receipt of a notification you will make =
the individual aware of the notice and take standard actions as part of the=
policy violation. =C2=A0
We effectively ignore the RIAA, let them do there own investigative ground =
work. =C2=A0If they want to sue the individual they can identify the indivi=
dual themselves. =C2=A0We are not an ISP and do not have to turn over recor=
ds.
We notify the individual of the infractionWe report the infraction as a vio=
lation of the=C2=A0 "acceptable use" and "copyright" policies.
We also have P2P blocking enabled via multiple network devices so our numbe=
r of notices is fairly low.
We also recently outsourced the ResNet to a 3rd party ISP, and our violatio=
ns are now limited to the academic and business networks.=C2=A0
I.B.
"top posting cause yahoo makes me..."
--- On Thu, 1/20/11, Steven Meads <steven.meads@UWRF.EDU> wrote:
From: Steven Meads <steven.meads@UWRF.EDU>
Subject: [RESNET-L] RIAA Notifications - Possible D2L Course
To: RESNET-L@LISTSERV.ND.EDU
Date: Thursday, January 20, 2011, 12:45 PM
=20
=20
=20
=20
=20
We are currently revising our strategy for dealing with RIAA
notifications. We are considering constructing a Desire to Learn
course which offenders would be required to "pass."
=20
Right now we aren't providing enough initial education as new
students arrive on campus, we also are not utilizing any shaping
technology to curb illegal activity. So as you can imagine we
receive lots of these letters. We are working on the shaping and
education parts, but right now we have a significant number of
letters to deal with.
=20
The following is a draft of our proposed sanction process:
=20
First Offense: you will receive a letter and you will be required to
complete D2L course in X
amount of time. Future DMCA violations until X date passes are
considered offense #1.
=20
Second Offense: you will receive a letter and be required to submit
to an office visit with the
Student Rights and Responsibilities staff, with a Technology
Services staff member present.
Your network resources will be revoked in your room and on wireless.
Future DMCA violations
until this meeting has been completed are considered offense #2.
=20
Third Offense: you will receive a letter and be required to submit
to a second office visit with
the Student Rights and Responsibilities staff, with a Technology
Services staff member present.
In addition to the network resources being revoked, your W=E2=80=90numb=
er
(access to network resources) will be turned off for the
course of Y months. Future DMCA violations until this meeting has
been completed are
considered offense #3. Months will be calculated in academic year
months, including only the
traditional 9 months of fall and spring semesters.
=20
I'm wondering what other schools are doing to enforce policy once
someone receives a letter, or if anyone is using D2L or Blackboard
to create an educational courses?
=20
=20
--=20
Steven Meads
Student Support Coordinator
Division of Technology Services
University of Wisconsin-River Falls
=20
=20
=20
___________________________________________________
You are subscribed to the ResNet-L mailing list.
To subscribe, unsubscribe or search the archives,
go to http://LISTSERV.ND.EDU/archives/resnet-l.html
___________________________________________________
=0A=0A=0A
___________________________________________________
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To subscribe, unsubscribe or search the archives,
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<table cellspacing=3D"0" cellpadding=3D"0" border=3D"0" ><tr><td valign=3D"=
top" style=3D"font: inherit;"><p>I'm not a lawyer, this is not legal advice=
.<br></p><p><br></p><p>I would have to refresh my memory on the current sta=
tutes regarding a universities "required" due diligence for file sharing bu=
t between CALEA and somthing else that came out last year I would be very c=
areful in formally tying any policy and action to RIAA or any agency sendin=
g the cease and desist letters.</p><p><br></p><p>By framing your actions ar=
ound a response to agency X you could arguable be assisting that agency in =
their legal action against an individual and this is not the place you want=
to be. You want to remain neutral.</p><p><br></p><p>Any actions shou=
ld be tied to and only reference "corporate" policy. The university d=
oes not allow file sharing of copyrighted content, for which a restrictive =
license applies to that contents use. (arguably all content is copyrighted,=
it
is more a question of a closed copyright based on monetary value or an ope=
n copyright such as creative commons). RIAA notices and DMCA cease an=
d desist letters are merely an external notification that copyright content=
was found on your IP space. But you can also become aware of such vi=
olations via many other vectors. Therefore all actions taken by the u=
niversity are in response to your policy not because of or on behalf of any=
given agency.</p><p><br></p><p>Sure it's a thin argument but I think that =
distinction should be made.</p><p><br></p><p>Now you can simply state that =
upon receipt of a notification you will make the individual aware of the no=
tice and take standard actions as part of the policy violation. </p><=
p><br></p><p>We effectively ignore the RIAA, let them do there own investig=
ative ground work. If they want to sue the individual they can identi=
fy the individual themselves. We are not an ISP and do not
have to turn over records.</p><p><br></p><p>We notify the individual of th=
e infraction</p><p>We report the infraction as a violation of the "ac=
ceptable use" and "copyright" policies.</p><p><br></p><p>We also have P2P b=
locking enabled via multiple network devices so our number of notices is fa=
irly low.</p><p><br></p><p>We also recently outsourced the ResNet to a 3rd =
party ISP, and our violations are now limited to the academic and business =
networks. </p><p><br></p><br>I.B.<br>
<br>
"top posting cause yahoo makes me..."<br><br>--- On <b>Thu, 1/20/11, Steven=
Meads <i><steven.meads@UWRF.EDU></i></b> wrote:<br><blockquote style=
=3D"border-left: 2px solid rgb(16, 16, 255); margin-left: 5px; padding-left=
: 5px;"><br>From: Steven Meads <steven.meads@UWRF.EDU><br>Subject: [R=
ESNET-L] RIAA Notifications - Possible D2L Course<br>To: RESNET-L@LISTSERV=
.ND.EDU<br>Date: Thursday, January 20, 2011, 12:45 PM<br><br><div id=3D"yiv=
686702222">
=20
=20
=20
=20
<br>
We are currently revising our strategy for dealing with RIAA
notifications. We are considering constructing a Desire to Learn
course which offenders would be required to "pass."<br>
<br>
Right now we aren't providing enough initial education as new
students arrive on campus, we also are not utilizing any shaping
technology to curb illegal activity. So as you can imagine we
receive lots of these letters. We are working on the shaping and
education parts, but right now we have a significant number of
letters to deal with.<br>
<br>
The following is a draft of our proposed sanction process:<br>
<br>
First Offense: you will receive a letter and you will be required to
complete D2L course in X<br>
amount of time. Future DMCA violations until X date passes are
considered offense #1.<br>
<br>
Second Offense: you will receive a letter and be required to submit
to an office visit with the<br>
Student Rights and Responsibilities staff, with a Technology
Services staff member present.<br>
Your network resources will be revoked in your room and on wireless.
Future DMCA violations<br>
until this meeting has been completed are considered offense #2.<br>
<br>
Third Offense: you will receive a letter and be required to submit
to a second office visit with<br>
the Student Rights and Responsibilities staff, with a Technology
Services staff member present.<br>
In addition to the network resources being revoked, your W=E2=80=90numb=
er
(access to network resources) will be turned off for the<br>
course of Y months. Future DMCA violations until this meeting has
been completed are<br>
considered offense #3. Months will be calculated in academic year
months, including only the<br>
traditional 9 months of fall and spring semesters.<br>
<br>
<b>I'm wondering what other schools are doing to enforce policy once
someone receives a letter, or if anyone is using D2L or Blackboard
to create an educational courses?<br>
<br>
</b><br>
<div class=3D"yiv686702222moz-signature">-- <br>
Steven Meads<br>
Student Support Coordinator<br>
Division of Technology Services<br>
University of Wisconsin-River Falls<br>
=20
</div>
=20
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<p>
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</div></blockquote></td></tr></table><br>=0A=0A
___________________________________________________
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<p>
To subscribe, unsubscribe or search the archives,
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