Transcript Copyright Infringement - University of Vermont

COPYRIGHT
COMPLAINTS
Why, What, How, and Who
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]
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
© 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?
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.
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
UVM’S HEOA Compliance Web Site
uvm.edu/it/policies/heoa.php
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.
“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.
 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
How to Get into © Trouble
True or False?
 Download movies
 Share music and movies you’ve purchased
 Share music & movies you didn’t buy
 Share music with iTunes
 Set up a wireless router
 Install Frostwire
 Install uTorrent
Here Comes Trouble: DMCA Notice
Subject: Copyright Infringement Notice ID # 22213697104
TWENTIETH CENTURY FOX FILM CORPORATION and its
affiliated companies (collectively, "FOX") are the exclusive
-----BEGIN PGP SIGNED MESSAGE----Hash: SHA1
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.
University of Vermont
Re: Unauthorized Use of Twentieth Century FOX
Film Corporation Property
Notice ID: 22213697104
Notice Date: 10-29-2010
Email: [email protected]
Dear Sir or Madam:
[email protected]
owners of copyrights in motion pictures.
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).
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.
Phone: 800-605-4953; Fax: 650-560-6385
[email protected]
[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.]
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 [email protected], reply to [email protected] will be ignored.
DMCA Notice (p. 4)
- ---Start ACNS XML
<?xml version="1.0" ?>
<Infringement
xsi:schemaLocation="http://www.movielabs.com/ACNS/ACNS2v1.xsd
" xmlns="http://www.movielabs.com/ACNS"
xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance"> <Case>
<ID>22213697104</ID>
<Status>OPEN</Status>
<Severity>Normal</Severity>
</Case>
<Complainant>
<Entity>Fox</Entity>
<Contact>Fox</Contact>
<Address> </Address>
<Phone>020-3287-8178</Phone>
<Email>[email protected]</Email>
</Complainant>
<Service_Provider>
<Entity>University of Vermont</Entity>
<Contact>Dean of Library and Information Technology</Contact>
<Address>University of Vermont 102 Southwick Complex Burlington
VT 05405 US </Address>
<Phone></Phone>
<Email>[email protected]</Email>
</Service_Provider>
<Source>
<TimeStamp>2010-10-28T22:41:04.94Z</TimeStamp>
<IP_Address>132.198.237.239</IP_Address>
<Port>55909</Port>
<Type>BitTorrent</Type>
<UserName></UserName>
<Number_Files>1</Number_Files>
</Source>
<Content>
<Item>
<Title>JUST WRIGHT</Title>
<Artist></Artist>
<FileName>Just.Wright.DVDRip.XviD-ZOOM [NO-RAR] - [
www.torrentday.com ]</FileName>
<FileSize>735221764</FileSize>
<Type>Video</Type>
<Hash
Type="SHA1">19029204C152702B33416FDE442BA540BE169304</
Hash>
</Item>
</Content>
<History></History>
<Notes></Notes>
</Infringement>
- ---End ACNS XML
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How Many Notices Does UVM Get?
Copyright Complaints by Year
1600
1400
1200
1000
800
600
400
200
0
2008
2009
When Do Complaints Arrive?
400
Jan
350
Feb
300
Mar
Apr
250
May
Jun
200
Jul
150
Aug
Sep
100
Oct
Nov
50
Dec
0
2008
2009
2010
What Are They Complaining About?
Who’s 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
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
?
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
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
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.
We’re Here to Help (That’s 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
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
Suspending Internet Service
Your network access has been blocked because …
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
If this is your MAC address, or if you have received email
has been suspended as a result of a complaint of copyright
concerning a copyright complaint, you must now contact the Center
infringement. The person who registered the suspended computer or
other device has received email detailing the complaint and the
for Student Ethics & Standards (CSES) at _____. After meeting with
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
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.)
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 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.
Suspending Wireless
Do we:
 NetReg lock
 Disable Net-ID
 Limit wireless access
Privacy … or Not
True or False: UVM provides complainant with offending student’s:
 MAC address
 Name
 Net-ID
 Campus address
 Judicial sanctions
 P2P software found
 Credit card number
Complications
 Routers
 Mine or yours
 Who’s responsible?
 Wireless
 Finding
 Suspending
 Wireless
 Prelitigation letters
What’s Ahead
 Wireless in rooms
 New wording
 More dangerous malware
 More legal options at lower cost
OUTTAKES
LEGAL SOURCES
 (optional material)
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.
When Do Notices Arrive?
CREATOR’S 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]
CREATIVE COMMONS