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DMCA Course

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by

Celeste Hall

on 26 October 2015

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Transcript of DMCA Course

----------------------------------------------------------------------
Original E-Mail Notification to the University
----------------------------------------------------------------------
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Notice ID: 22-147802916
Notice Date: 28 Jun 2011 01:25:03 GMT

Kent State University

Dear Sir or Madam:

BayTSP, Inc. ("BayTSP") swears under penalty of perjury that Paramount Pictures Corporation ("Paramount")
has authorized BayTSP to act as its non-exclusive agent for copyright infringement notification.
BayTSP's search of the protocol listed below has detected infringements of Paramount's copyright
interests on your IP addresses as detailed in the below report.

BayTSP has reasonable good faith belief that use of the material in the manner complained of in the below
report is not authorized by Paramount, its agents, or the law.
The information provided herein is accurate to the best of our knowledge.
Therefore, this letter is an official notification to effect removal of the detected infringement listed in the below report.
The below documentation specifies the exact location of the infringement.

We hereby request that you immediately remove or block access to the infringing material, as specified in the copyright laws,
and insure the user refrains from using or sharing with others unauthorized Paramount's materials in the future (see, 17 U.S.C. 512).

Further, we believe that the entire Internet community benefits when these matters are resolved cooperatively.
We urge you to take immediate action to stop this infringing activity and inform us of the results of your actions.
We appreciate your efforts toward this common goal.

Please respond indicating the actions you have taken to resolve this matter. The provided link has been assigned to this matter.
http://webreply.baytsp.com/webreply/webreply.jsp?customerid=22&commhash=f32d89e7581c4ceab030b4f73bc37c57

For email correspondence, please reference the above Notice ID in the subject line.
paramount@copyright-compliance.com?subject=RE%3A%20Notice%20ID%3A%2022%2D147802916%20Notice%20of%20
Unauthorized%20Use%20of%20Paramount%20Pictures%20Corporation%20Property

Nothing in this letter shall serve as a waiver of any rights or remedies of Paramount with respect to the alleged
infringement, all of which are expressly reserved.
Should you need to contact me, I may be reached at the below address.

Regards,

BayTSP Compliance
BayTSP, Inc.
PO Box 1314
Los Gatos, CA 95031

v: 408-341-2305
f: 408-341-2399
paramount@copyright-compliance.com

*pgp public key is available on the key server at http://pgp.mit.edu

Note: The information transmitted in this Notice is intended only for the person or entity to which it is addressed
and may contain confidential and/or privileged material.
Any review, reproduction, retransmission, dissemination or other use of, or taking of any action in reliance upon,
this information by persons or entities other than the intended recipient is prohibited.
If you received this in error, please contact the sender and delete the material from all computers.

This infringement notice contains an XML tag that can be used to automate the processing of this data.
If you would like more information on how to use this tag please contact BayTSP.

Evidentiary Information:

Notice ID: 22-147802916

Initial Infringement Timestamp: 27 Jun 2011 14:15:46 GMT

Recent Infringement Timestamp: 27 Jun 2011 14:15:46 GMT

Infringers IP Address: 131.123.1.226

Protocol: BitTorrent

Infringed Work: Into the Wild

Infringing File Name: Into The Wild[2007] 1080p BRRiP H.264 AAC - ExtraTorrentRG

Infringing File Size: 4618307805

Bay ID: 3e82001c7b633983ac8c89a86ed918a8d3d7cde8|4618307805

Port ID: 8849

Infringer's DNS Name: lib-1f-asa-01-outside.gate.kent.edu

What is Copyright
Infringement?

Definition:
The unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights such as the right to reproduce or perform the copyrighted work or to make derivative works.
In other words:
When you copy another person's original work without the legal permission of the author, you have committed copyright infringement.
How Did This
Infringement Happen?
You downloaded Peer-to-Peer (P2P) software. You might have even paid to join this network.
P2P
What is It?
P2P is a type of software technology that is used to download and share files
These files are shared among a network of people all using the same P2P software
Once you connect to this network, thousands of people have access to the files you share. The default setting for many P2P programs is to share files and is often overlooked.
P2P software will connect to a network and run in the background as soon as you turn on the computer.
Some examples would be:
BitTorrent uTorrent Frostwire Limewire

Ares Kazaa 360 Share Pro Popcorn Time
P2P software is legal...
Notices
Take a look at the Internet Ocean
There aren't too many fish....
Now take a look at Lake KSU
This RIAA/MPAA guy chose to go fishing in Lake KSU, and look at how many fish (Infringements/Lawsuits) he was able to catch!
Who Sends Them?
Recording Industry of America (RIAA)
Motion Picture Association of America (MPAA)
Business Software Alliance (BSA)
Entertainment Software Association (ESA)
Copyright Enforcement Group (CEG)
Type of Notices
Cease and Desist (DMCA infringement notice) - DMCA notice sent to the University informing them of an infringement. The notice requests the activity be stopped, infringed material removed and person responsible educated on copyright infringement.

Pre-litigation Notices - Prelitigation letters are from copyright holders or the organizations that represent them. They are sent prior to filing a lawsuit and offer a settlement out of court.

Subpoena - usually indicates a copyright holder has intentions to seek legal recourse
Do not install P2P software on University owned computers!
Why am I here?
You are here because you received a Copyright Infringement Notice. This is part of the following two laws:

Digital Millennium Copyright Act (DMCA)
Higher Education Opportunity Act (HEOA)
First Offense
Second Offense
Third Offense
What are the Risks?
What is the DMCA?
What is the HEOA?
HEOA Compliance
KSU's Role
If You Receive an Infringement Notice
What happens when the University receives an infringement notice?
What does this mean for KSU?
Summary
Welcome to the
Educational Course
It was passed by Congress on October 12th, 1998

It was signed into law by President Clinton on October 28th, 1998
To get your Internet back, you have to....
Office of Security and Access Management emails the students informing him or her of the infringement notice, and the necessary procedures for responding to the allegations

Office of Security and Access Management disconnects students and forwards notification to TechHelp: Service and Repair Center, who will notify the student’s Residence Hall Director.

Remove the offending material from the computer and discontinue illegal file sharing activities
View online educational videos, read resource material and successfully complete a quiz about Copyright Infringement
Call the Office of Security and Access Management to schedule an appointment to speak to a Security Analyst
Hand deliver a signed Compliance verification form to the Office of Security and Access Management at your scheduled appointment

This attests that all of the requirements described have been met.
Upon receipt of the required materials, the Office of Security and Access Management will restore Internet access.
Office of Security and Access Management disconnects students and forwards notification to TechHelp: Service and Repair Center
Remove the offending material from the computer and discontinue illegal file sharing activities
Provide a receipt from the TechHelp: Service and Repair Center or another reputable computer support company verifying removal of the infringing material and P2P software.
View online educational videos, read resource material and successfully complete a quiz about Copyright Infringement

Call the Office of Security and Access Management to schedule an appointment to speak to a Security Analyst

Hand deliver a signed Compliance verification form to the Office of Security and Access Management at your scheduled appointment, attesting that all of the requirements described above have been met.

Provide the receipt verifying removal of the infringing material and P2P software at the appointment
Upon receipt of the required materials, the Office of Security and Access Management will restore Internet access.
Attend a Judicial Affairs hearing to determine further consequences.
Check out these Videos!
Offices of Security and Access Management emails the students informing him or her of the infringement notice, and the necessary procedures for responding to the allegations

Office of Security and Access Management disconnects students and forwards notification the TechHelp: Service and Repair Center, who will notify the student’s Residence Hall Director.
So here's what you have to do:
You're required to:
Except this time you also have to.....
Remove the offending material from their computer and discontinue illegal file sharing activities

Required to provide a receipt from the TechHelp: Service and Repair Center or another reputable computer support company verifying removal of the infringing material and P2P software.

View online educational videos, read resource material and successfully complete a quiz about Copyright Infringement
Call the Office of Security and Access Management to schedule an appointment to speak to a Security Analyst
Hand deliver a signed Compliance verification form to the Office of Security and Access Management at your scheduled appointment, attesting that all of the requirements described above have been met.
Provide the receipt verifying removal of the infringing material and P2P software at the appointment.
Makes it a crime to circumvent anti-piracy measures built into software
Limits Internet Service Providers (ISPs) and non-profit institutions of Higher Education when they serve as Online Service Providers (OSPs) from copyright infringement liability for simply transmitting information over the Internet
Service providers are expected to remove material from websites if it appears to constitute copyright infringement.
Under the DMCA, Kent State is required to...
Notify the copyright infringer of the infringement notice
Kent does this by blocking the infringer's Internet connection

Remove the infringed material
Provide education on copyright
File Sharing
Infringements
Infecting your computer with a virus or malware
Exposing your sensitive files and data to everyone on the network
P2P program installing spyware on your computer
Copyright Infringement Notices

Keep in mind:
When you connect to a file-sharing network, you are not anonymous

First out of court offer from RIAA around $3,000
Second out of court offer from RIAA around $5,000
The minimum CIVIL penalty (per song) for illegally distributing copyrighted music is $750
Copyright infringements from the RIAA can possibly lead to fines up to $150,000 per song. Ones from the MPAA can possibly lead to fines up to $250,000 per movie
Even first time offenders can receive jail time.

Also known as Public Law 110-315
Was enacted August 14th, 2008
Reauthorizes the Higher Education Act (HEA) of 1965
Proposed regulations for implementing the Act were issued by the Department of Education on August 21st, 2009
Final regulations were issued on October 29th, 2009
This new legislation requires universities and colleges to have a written plan to address and implement controls against illegal file sharing or risk losing Federal financial aid funding for students.
Several sections of the HEOA deal with the unauthorized file sharing on campus networks, imposing requirements on all U.S. colleges and universities.

It has requirements designed to reduce the illegal uploading and downloading of copyrighted works through P2P file sharing.
Enforcement of HEOA provisions began on July 1st, 2010
Because of this, all colleges and universities are now required to have a plan in place to address illegal file-sharing on campus networks.
Annual Disclosure - this disclosure must include the steps that the university will take to detect and punish illegal distribution of copyrighted material and “the use of one or more technology based deterrents.”
The University must provide information to students, faculty, and staff that informs them that the illegal distribution of copyrighted materials may subject them to civil and criminal penalties.
The university must offer alternatives to illegal sharing to the extent practical
The University must also document the plans to “effectively combat unauthorized distribution of copyrighted materials.”
Resident students, faculty, staff, student employees, and the University itself could be at risk of costly litigation, expensive fines, damage to reputation, and possible jail time.

Also note: Consequences range from blocked connectivity to dismissal from the University
Take note:
KSU is not a policing organization
KSU does not actively monitor computing behavior
KSU reacts to infringement notices generated by agents of the copyright holders
KSU expends a significant amount of time/money protecting the identity of students by maintaining "safe harbor" status.
KSU is the "good guy" - we're focused on educating our community
1
The complaint will be investigated for proper form and veracity.
2
3
4
Internal notice will be prepared and sent to the alleged infringer.
When a complaint is received, network access for the alleged infringing workstation be blocked until the internal memo from the Office of Security and Access Management is received and acknowledged.
Alleged infringing parties will receive their notices via email within two weeks of the receipt of the original complaint.
All alleged infringers are provided due process. If the alleged infringer feels that they have been unjustly accused, they may file a counter notification.

Copyright enforcement actions may be appealed to the Office of Security and Access Management and then to the Dean of Student Affairs.
Read the ENTIRE email carefully
Follow the steps outlined in the email
Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution, rental or digital transmission of copyrighted material such as music, movies, software etc..
Kent State's requirements under the DMCA Law:
Notify the copyright infringer of the infringement notice
Prevent infringer from continuing infringement activity
Remove the infringed copyrighted material
Provide education on Copyright Infringement
These organizations actively watch for people who are sharing or downloaded copyrighted material.
The best way to avoid receiving a copyright infringement notification is to not install P2P software on your machines.
Kent State University is not required to, nor do we, detect individuals who are acting in violation of the DMCA

Kent State University does not generate DMCA infringement notifications

Kent State University forwards DMCA infringement notices generated by agents of the copyright holders

Copyright owners or agents that represent them use technologies to detect alleged violations of their copyrighted material that do not involve the Kent State University network.
Downloading music/movies/games, etc.

OR

Sharing copyrighted files for other people to download
IS ILLEGAL
Also note:
Using P2P to download a song/movie/game etc. that you already own is still illegal. Just because you lost your copy does not mean you have the right to download another one.
BUT
MPAA
BSA
ESA
CEG
Here's an Example:
Where would you go fishing?
Safe Harbor: Safe Harbor protects OSPs from liability for information posted or transmitted by subscribers (resident students) if they quickly remove or disable access to material identified in a copyright holder's complaint.

OSP/ISP: Online Service Provider/Internet Service Provider

And these Definitions:
What Does a Copyright Infringement Notice Look Like?
Offices of Security and Access Management emails the students informing him or her of the infringement notice, and the necessary procedures for responding to the allegations
The HEOA requires institutes to:
KSU currently employs bandwidth-shaping technology to prioritize network traffic and limit the amount of bandwidth available to applications that could compromise the security of the university network.
The DMCA also effects you at home
The Center for Copyright Information (CCI) was formed to educate people on copyright protection. Their members include major copyright organizations and ISPs
ISPs can take steps that temporarily affect the subscriber's internet. This includes:

Temporarily reducing Internet speed
Temporary downgrade in Internet tier
Being redirecting to a landing page for a certain amount of time until the subscriber contacts the ISP or completes an educational course.
Annually inform students, faculty, and staff that illegal distribution of copyrighted materials may subject them to criminal and civil penalties
1
Document plans to "effectively combat" unauthorized distribution of copyrighted material
2
Offer alternatives to illegal file sharing to the extent possible
3
NOTE:
KSU is also required to...
However, if you purchased something legally, you are permitted to make a copy for YOUR use on a different medium, PROVIDED that the backup copy and the original copy will not be in use at the same time.
These are the infringement details provided to the university and it is the university's responsibilty to locate the infringer
Turning off file-sharing will not prevent you from receiving a copyright infringement. You can receive copyright infringements from sharing and/or downloading copyright material
What if...?
somebody else uses your laptop to download copyrighted matieral
somebody else logs onto the wireless network with your credentials

You are still held accountable for the copyright infringement because the incident occurred under your name and your are responsible for your credentials
Similar to the way the clock on your computer runs even though you did not tell it to start, P2P software will often beginning running as soon as you turn on your computer

Closing the active screen of P2P software will often not stop the software from running. Even after closing the active window, the software will often continue running in the background
Full transcript