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

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.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

UVMS 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.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 youve purchased Share music & movies you didnt 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 -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 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] TWENTIETH CENTURY FOX FILM CORPORATION and its affiliated companies (collectively, "FOX") are the exclusive owners of copyrights in motion pictures. 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. 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. http://www.mpaa.org/piracy.asp http://www.dtecnet.com/foxnotice 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.]http://pgp.mit.edu

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 no- [email protected] will be ignored.

DMCA Notice (p. 4) - ---Start ACNS XML 22213697104 OPEN Normal Fox Fox 020-3287-8178 [email protected] University of Vermont Dean of Library and Information Technology University of Vermont 102 Southwick Complex Burlington VT 05405 US [email protected] 2010-10-28T22:41:04.94Z 132.198.237.239 55909 BitTorrent 1 JUST WRIGHT Just.Wright.DVDRip.XviD-ZOOM [NO-RAR] - [ www.torrentday.com ] 735221764 Video 19029204C152702B33416FDE442BA540BE169304 - ---End ACNS XML -----BEGIN PGP SIGNATURE----- Version: GnuPG v1.4.10 (MingW32) iEYEARECAAYFAkzLQycACgkQxDbGXOV1jVKKMQCfaavEqpG8S3 ZD2twvy6+sie0u LB0AoKh6btkIfc1xLD2lwn1RhlGI5ReD =0LtN -----END PGP SIGNATURE-----http://www.movielabs.com/ACNS/ACNS2v1.xsd "http://www.movielabs.com/ACNS"http://www.w3.org/2001/XMLSchema-instance">

How Many Notices Does UVM Get?

When Do Complaints Arrive?

What Are They Complaining About?

Whos 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.

Were Here to Help (Thats 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 has been suspended as a result of a complaint of copyright infringement. The person who registered the suspended computer or other device has received email detailing the complaint and the 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 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 your MAC address, or if you have received email concerning a copyright complaint, you must now contact the Center for Student Ethics & Standards (CSES) at _____. After meeting with 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.) 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 students: MAC address Name Net-ID Campus address Judicial sanctions P2P software found Credit card number

Complications Routers Mine or yours Whos responsible? Wireless Finding Suspending Wireless Prelitigation letters

Whats 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. NetID/password in order to comply with license terms and conditions.

When Do Notices Arrive?

CREATORS 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

Documents

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