[25803] in resnet
Re: RIAA Notifications - Possible D2L Course
daemon@ATHENA.MIT.EDU (Benjamin Fielden)
Sat Jan 22 13:10:07 2011
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Date: Sat, 22 Jan 2011 13:09:41 -0500
Reply-To: fieldenb@gwu.edu
From: Benjamin Fielden <fieldenb@gwu.edu>
To: RESNET-L@listserv.nd.edu
In-Reply-To: <000001cbb9f7$94c46270$be4d2750$@iname.com>
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Per our OGC, we also follow the "we're an ISP" model for our students. We
follow the University specific pieces (HEOA), but otherwise its just a
connection that they do what they do with. That ensures that we simply pass
along legal notices and issues as an ISP would, rather than being the targe=
t
directly as an organization.
--
Ben Fielden
Manager of Technology Support
Student Technology Services
Division of Information Technology
http://it.gwu.edu/sts
202-994-2597
Division of Information Technology staff members will NEVER ask for your
password!
On Sat, Jan 22, 2011 at 12:45 AM, Frank Bulk <frnkblk@iname.com> wrote:
> An ISP has a different legal status to its subscribers than a school has =
to
> its students. Can you clarifiy?
>
>
>
> Frank
>
>
>
> *From:* Resnet Forum [mailto:RESNET-L@LISTSERV.ND.EDU] *On Behalf Of *Cas=
ey,
> Kathy
> *Sent:* Friday, January 21, 2011 1:14 PM
>
> *To:* RESNET-L@LISTSERV.ND.EDU
> *Subject:* Re: RIAA Notifications - Possible D2L Course
>
>
>
> Unfortunately, we are an ISP, so we have to comply; at least we do so far=
.
> I agree that we should not have to do RIAA=E2=80=99s dirty work and that =
they pursue
> students more than any other population just because they can. IMHO, it =
is
> blackmail pure and simple (pay us $3000 or we will sue the pants off you)=
,
> but that=E2=80=99s not what the courts say so far.
>
>
>
> *Thanks!*
> *KC* ~=C3=B5=C2=BF=C3=B5~
> *=E2=80=9CWe raise hopes here until they are old enough to fend for thems=
elves."*
>
> *Mike Callahan - Callahan's Crosstime Saloon (Spider Robinson)*
>
>
>
> *From:* Resnet Forum [mailto:RESNET-L@LISTSERV.ND.EDU] *On Behalf Of *Isa=
c
> Balder
> *Sent:* Friday, January 21, 2011 7:53 AM
> *To:* RESNET-L@LISTSERV.ND.EDU
> *Subject:* Re: RIAA Notifications - Possible D2L Course
>
>
>
> I'm not a lawyer, this is not legal advice.
>
>
>
> I would have to refresh my memory on the current statutes regarding a
> universities "required" due diligence for file sharing but between CALEA =
and
> somthing else that came out last year I would be very careful in formally
> tying 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 thi=
s
> is not the place you want to be. You want to remain neutral.
>
>
>
> Any actions should be tied to and only reference "corporate" policy. The
> university does not allow file sharing of copyrighted content, for which =
a
> restrictive license applies to that contents use. (arguably all content i=
s
> copyrighted, it is more a question of a closed copyright based on monetar=
y
> value or an open copyright such as creative commons). RIAA notices and D=
MCA
> cease and desist letters are merely an external notification that copyrig=
ht
> content was found on your IP space. But you can also become aware of suc=
h
> violations via many other vectors. Therefore all actions 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 mak=
e
> the individual aware of the notice and take standard actions as part of t=
he
> policy violation.
>
>
>
> We effectively ignore the RIAA, let them do there own investigative groun=
d
> work. If they want to sue the individual they can identify the individua=
l
> themselves. We are not an ISP and do not have to turn over records.
>
>
>
> We notify the individual of the infraction
>
> We report the infraction as a violation of the "acceptable use" and
> "copyright" policies.
>
>
>
> We also have P2P blocking enabled via multiple network devices so our
> number of notices is fairly low.
>
>
>
> We also recently outsourced the ResNet to a 3rd party ISP, and our
> violations are now limited to the academic and business networks.
>
>
>
>
> 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
>
>
> We are currently revising our strategy for dealing with RIAA notification=
s.
> We are considering constructing a Desire to Learn course which offenders
> would be required to "pass."
>
> Right now we aren't providing enough initial education as new students
> arrive on campus, we also are not utilizing any shaping technology to cur=
b
> 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.
>
> The following is a draft of our proposed sanction process:
>
> 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.
>
> 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 sta=
ff
> member present.
> Your network resources will be revoked in your room and on wireless. Futu=
re
> DMCA violations
> until this meeting has been completed are considered offense #2.
>
> 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=90number=
(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.
>
> *I'm wondering what other schools are doing to enforce policy once someon=
e
> receives a letter, or if anyone is using D2L or Blackboard to create an
> educational courses?*
>
> --
> Steven Meads
> Student Support Coordinator
> Division of Technology Services
> University of Wisconsin-River Falls
>
> ___________________________________________________ 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____________________________=
_______________________
>
>
> ___________________________________________________ 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____________________________=
_______________________
> ___________________________________________________ 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____________________________=
_______________________
>
___________________________________________________
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
___________________________________________________
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Content-Transfer-Encoding: quoted-printable
Per our OGC, we also follow the "we're an ISP" model for our =
students. We follow the University specific pieces (HEOA), but otherwise it=
s just a connection that they do what they do with. That ensures that we si=
mply pass along legal notices and issues as an ISP would, rather than being=
the target directly as an organization.<br clear=3D"all">
<div><br></div><div>--</div>Ben Fielden<div><div>Manager of Technology Supp=
ort</div><div>Student Technology Services</div><div>Division of Information=
Technology</div><div><a href=3D"http://it.gwu.edu/sts" target=3D"_blank">h=
ttp://it.gwu.edu/sts</a></div>
</div><div>202-994-2597</div><div><br></div><div><span style=3D"font-family=
:arial, sans-serif;font-size:13px;border-collapse:collapse">Division of Inf=
ormation Technology staff members will=C2=A0<font color=3D"#222222">NEVER a=
sk for your=C2=A0</font>password!</span></div>
<br>
<br><br><div class=3D"gmail_quote">On Sat, Jan 22, 2011 at 12:45 AM, Frank =
Bulk <span dir=3D"ltr"><<a href=3D"mailto:frnkblk@iname.com">frnkblk@ina=
me.com</a>></span> wrote:<br><blockquote class=3D"gmail_quote" style=3D"=
margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex;">
<div lang=3D"EN-US" link=3D"blue" vlink=3D"purple"><div><p class=3D"MsoNorm=
al"><span style=3D"font-size:11.0pt;color:#1F497D">An ISP has a different l=
egal status to its subscribers than a school has to its students.=C2=A0 Can=
you clarifiy?</span></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11.0pt;color:#1F497D">=C2=
=A0</span></p><p class=3D"MsoNormal"><span style=3D"font-size:11.0pt;color:=
#1F497D">Frank</span></p><p class=3D"MsoNormal"><span style=3D"font-size:11=
.0pt;color:#1F497D">=C2=A0</span></p>
<div><div style=3D"border:none;border-top:solid #B5C4DF 1.0pt;padding:3.0pt=
0in 0in 0in"><p class=3D"MsoNormal"><b><span style=3D"font-size:10.0pt">Fr=
om:</span></b><span style=3D"font-size:10.0pt"> Resnet Forum [mailto:<a hre=
f=3D"mailto:RESNET-L@LISTSERV.ND.EDU" target=3D"_blank">RESNET-L@LISTSERV.N=
D.EDU</a>] <b>On Behalf Of </b>Casey, Kathy<br>
<b>Sent:</b> Friday, January 21, 2011 1:14 PM</span></p><div><div></div><di=
v class=3D"h5"><br><b>To:</b> <a href=3D"mailto:RESNET-L@LISTSERV.ND.EDU" t=
arget=3D"_blank">RESNET-L@LISTSERV.ND.EDU</a><br><b>Subject:</b> Re: RIAA N=
otifications - Possible D2L Course</div>
</div><p></p></div></div><div><div></div><div class=3D"h5"><p class=3D"MsoN=
ormal">=C2=A0</p><p class=3D"MsoNormal"><span style=3D"color:blue">Unfortun=
ately, we are an ISP, so we have to comply; at least we do so far.=C2=A0 I =
agree that we should not have to do RIAA=E2=80=99s dirty work and that they=
pursue students more than any other population just because they can.=C2=
=A0 IMHO, it is blackmail pure and simple (pay us $3000 or we will sue the =
pants off you), but that=E2=80=99s not what the courts say so far.</span></=
p>
<p class=3D"MsoNormal"><span style=3D"color:blue">=C2=A0</span></p><p class=
=3D"MsoNormal"><b><i><span style=3D"font-size:13.5pt;font-family:"Mono=
type Corsiva";color:blue">Thanks!</span></i></b><span style=3D"font-si=
ze:11.0pt;color:blue"> <br>
</span><i><span style=3D"font-size:11.0pt;font-family:"Comic Sans MS&q=
uot;;color:navy">KC</span></i><span style=3D"font-size:11.0pt;color:blue">=
=C2=A0=C2=A0 ~=C3=B5=C2=BF=C3=B5~<br></span><b><i><span style=3D"font-size:=
14.0pt;font-family:"Bradley Hand ITC";color:#003399">=E2=80=9CWe =
raise hopes here until they are old enough to fend for themselves."</s=
pan></i></b></p>
<p class=3D"MsoNormal"><i><span style=3D"font-size:10.0pt;font-family:"=
;Bradley Hand ITC";color:black">Mike Callahan - Callahan's Crossti=
me Saloon (Spider Robinson)</span></i></p><p class=3D"MsoNormal"><span styl=
e=3D"color:blue">=C2=A0</span></p>
<div style=3D"border:none;border-top:solid #B5C4DF 1.0pt;padding:3.0pt 0in =
0in 0in"><p class=3D"MsoNormal" style=3D"margin-left:.5in"><b><span style=
=3D"font-size:10.0pt">From:</span></b><span style=3D"font-size:10.0pt"> Res=
net Forum [mailto:<a href=3D"mailto:RESNET-L@LISTSERV.ND.EDU" target=3D"_bl=
ank">RESNET-L@LISTSERV.ND.EDU</a>] <b>On Behalf Of </b>Isac Balder<br>
<b>Sent:</b> Friday, January 21, 2011 7:53 AM<br><b>To:</b> <a href=3D"mail=
to:RESNET-L@LISTSERV.ND.EDU" target=3D"_blank">RESNET-L@LISTSERV.ND.EDU</a>=
<br><b>Subject:</b> Re: RIAA Notifications - Possible D2L Course</span></p>
</div><p class=3D"MsoNormal" style=3D"margin-left:.5in">=C2=A0</p><table bo=
rder=3D"0" cellspacing=3D"0" cellpadding=3D"0" width=3D"624" style=3D"width=
:6.5in;margin-left:.5in"><tbody><tr><td valign=3D"top" style=3D"padding:0in=
0in 0in 0in"><p>I'm not a lawyer, this is not legal advice.</p>
<p>=C2=A0</p><p>I would have to refresh my memory on the current statutes r=
egarding a universities "required" due diligence for file sharing=
but between CALEA and somthing else that came out last year I would be ver=
y careful in formally tying any policy and action to RIAA or any agency sen=
ding the cease and desist letters.</p>
<p>=C2=A0</p><p>By framing your actions around a response to agency X you c=
ould arguable be assisting that agency in their legal action against an ind=
ividual and this is not the place you want to be. =C2=A0You want to remain =
neutral.</p>
<p>=C2=A0</p><p>Any actions should be tied to and only reference "corp=
orate" policy. =C2=A0The university does not allow file sharing of cop=
yrighted content, for which a restrictive license applies to that contents =
use. (arguably all content is copyrighted, it is more a question of a close=
d copyright based on monetary value or an open copyright such as creative c=
ommons). =C2=A0RIAA notices and DMCA cease and desist letters are merely an=
external notification that copyright content was found on your IP space. =
=C2=A0But you can also become aware of such violations via many other vecto=
rs. =C2=A0Therefore all actions taken by the university are in response to =
your policy not because of or on behalf of any given agency.</p>
<p>=C2=A0</p><p>Sure it's a thin argument but I think that distinction =
should be made.</p><p>=C2=A0</p><p>Now you can simply state that upon recei=
pt of a notification you will make the individual aware of the notice and t=
ake standard actions as part of the policy violation. =C2=A0</p>
<p>=C2=A0</p><p>We effectively ignore the RIAA, let them do there own inves=
tigative ground work. =C2=A0If they want to sue the individual they can ide=
ntify the individual themselves. =C2=A0We are not an ISP and do not have to=
turn over records.</p>
<p>=C2=A0</p><p>We notify the individual of the infraction</p><p>We report =
the infraction as a violation of the=C2=A0 "acceptable use" and &=
quot;copyright" policies.</p><p>=C2=A0</p><p>We also have P2P blocking=
enabled via multiple network devices so our number of notices is fairly lo=
w.</p>
<p>=C2=A0</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.=
=C2=A0</p><p>=C2=A0</p><p class=3D"MsoNormal"><br>I.B.<br><br>"top pos=
ting cause yahoo makes me..."<br>
<br>--- On <b>Thu, 1/20/11, Steven Meads <i><<a href=3D"mailto:steven.me=
ads@UWRF.EDU" target=3D"_blank">steven.meads@UWRF.EDU</a>></i></b> wrote=
:</p><p class=3D"MsoNormal" style=3D"margin-bottom:12.0pt"><br>From: Steven=
Meads <<a href=3D"mailto:steven.meads@UWRF.EDU" target=3D"_blank">steve=
n.meads@UWRF.EDU</a>><br>
Subject: [RESNET-L] RIAA Notifications - Possible D2L Course<br>To: <a href=
=3D"mailto:RESNET-L@LISTSERV.ND.EDU" target=3D"_blank">RESNET-L@LISTSERV.ND=
.EDU</a><br>Date: Thursday, January 20, 2011, 12:45 PM</p><div><p class=3D"=
MsoNormal" style=3D"margin-bottom:12.0pt">
<br>We are currently revising our strategy for dealing with RIAA notificati=
ons. We are considering constructing a Desire to Learn course which offende=
rs would be required to "pass."<br><br>Right now we aren't pr=
oviding enough initial education as new students arrive on campus, we also =
are not utilizing any shaping technology to curb illegal activity. So as yo=
u can imagine we receive lots of these letters. We are working on the shapi=
ng and education parts, but right now we have a significant number of lette=
rs 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 D2=
L 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>Thi=
rd 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<span style=3D"fo=
nt-family:"Cambria Math","serif"">=E2=80=90</span>numbe=
r (access to network resources) will be turned off for the<br>course of Y m=
onths. Future DMCA violations until this meeting has been completed are<br>
considered offense #3. Months will be calculated in academic year months, i=
ncluding 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 onc=
e someone receives a letter, or if anyone is using D2L or Blackboard to cre=
ate an educational courses?</b></p>
<div><p class=3D"MsoNormal">-- <br>Steven Meads<br>Student Support Coordina=
tor<br>Division of Technology Services<br>University of Wisconsin-River Fal=
ls</p></div><p class=3D"MsoNormal">________________________________________=
___________ You are subscribed to the ResNet-L mailing list. </p>
<p>To subscribe, unsubscribe or search the archives, go to <a href=3D"http:=
//LISTSERV.ND.EDU/archives/resnet-l.html" target=3D"_blank">http://LISTSERV=
.ND.EDU/archives/resnet-l.html</a> ________________________________________=
___________ </p>
</div></td></tr></tbody></table><p class=3D"MsoNormal" style=3D"margin-left=
:.5in"><span style=3D"font-size:10.0pt"><br>_______________________________=
____________________ You are subscribed to the ResNet-L mailing list. </spa=
n></p>
<p style=3D"margin-left:.5in">To subscribe, unsubscribe or search the archi=
ves, go to <a href=3D"http://LISTSERV.ND.EDU/archives/resnet-l.html" target=
=3D"_blank">http://LISTSERV.ND.EDU/archives/resnet-l.html</a> _____________=
______________________________________</p>
</div></div></div></div><div><div></div><div class=3D"h5">
___________________________________________________
You are subscribed to the ResNet-L mailing list.
<p>
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go to <a href=3D"http://LISTSERV.ND.EDU/archives/resnet-l.html" target=3D"_=
blank">http://LISTSERV.ND.EDU/archives/resnet-l.html</a>
___________________________________________________</p></div></div></blockq=
uote></div><br>
___________________________________________________
You are subscribed to the ResNet-L mailing list.
<p>
To subscribe, unsubscribe or search the archives,
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--90e6ba6e8cb44feeee049a7345bd--
