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EDUCAUSE live!November 23, 2009

Jack BernardUniversity of Michigan

HEoA’s P2P pill: Wutza U ta do?

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Some Basics• P2P is not unlawful

• Postsecondary institutions not at fault

• “Purported” DMCA Notices–Significant cost

• So why do we do it?

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The Path to This Juncture• The emergence of P2P

• Misinformation

• Pressure on congress

• HEoA

• Rulemaking

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Michigan Approach

• Technology

• Process for responding to complaints

• Education

• Alternatives to unlawful downloading

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Technological Approaches• Recommended approaches . . .

• Bandwidth shaping

• BAYU

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BAYU home pagehttp://bayu.umich.edu

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How does BAYU work?

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Responding to Complaints• Complaint

– Confirm, Identify, Confirm, Contact

• Letter– Rectifies, Contests, Silence, Queries

• Direct education• Sanctions

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Educating the Community• Annual Campus-Wide Events• Academic Curriculum• Residence Hall Activities• BAYU• Annual Notification

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Educating the CommunityAlthough using peer-to-peer file-sharing (P2P) technology is not in

itself illegal, what you share and how you share it may be. When you upload or distribute copies you make of copyrighted works OR when you download or acquire unlicensed copies of copyrighted works, you may be infringing someone else’s rights. If you are infringing--even unwittingly--you can be subject to civil damages of between $750 and $150,000 per infringement and even criminal jail time. 

Use technology wisely. You are responsible for the choices you make, including the choice to put P2P technology on your computer.  When you use University resources you must not only to obey the law, you must comply with all University policies ...  

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Alternatives• Why we haven’t followed industry

recommendations . . .• We do not block music services• Large Library Catalogs• Music Library Digital Services• Enabling services to pay for ads• Information via websites and letters

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Questions?Comments?