Copyright Violation Information

The Recording Industry Association of America (RIAA), Motion Picture Association of America (MPAA) and other copyright holders or their agents may send campus Internet Service Providers (ISP) “DMCA infringement notices”, “preservation notices” or “settlement letters”. These notices contain Internet Protocol (IP) addresses of alleged offenders.

DMCA infringement notices ask that UIW notify the alleged offender, stop the alleged offense and take any action appropriate under our usage policies. A settlement letter requests that UIW forward the letters to users whom they allege have infringed upon their copyrights. A preservation notice informs the university that a subpoena may be forthcoming and requests that the university preserve information identifying the alleged offender.

UIW will respond to DMCA infringement notices and letters in the following manner:

DMCA Infringement Notices

Apogee, UIW’s ResNet service provider, notifies Information Technology Services (ITS) that a user has received a copyright infringement notice. ITS informs the Dean of Campus Life (or designee) of the infraction, and the student is then summonsed through the university student conduct process and instructed to schedule an appointment with the Dean of Campus Life (or designee) and a representative from ITS.  

During the meeting, the alleged policy violation is explained and an informal student conduct hearing is held. The student is then asked to: delete any illegally held copyrighted material, disable any file sharing software, understand the implications of possessing and sharing illegally held copyrighted materials, agree to not share copyrighted material while their computer is connected to the UIW or Apogee network, and to understand that further violations of the computing resources code may result in more severe sanctions being placed on them. Additional sanctions may be assigned by the Dean of Campus Life (or designee) in accordance with the UIW Student Code of Conduct.

Settlement Letters

Apogee, UIW’s ResNet service provider, notifies Information Technology Services (ITS) that a user has received a copyright infringement notice. ITS informs the Dean of Campus Life (or designee) of the infraction, and the student is then summonsed through the university student conduct process to schedule an appointment with the Dean of Campus Life (or designee) and a representative from ITS.  

The student is also informed that the RIAA settlement letter is attached to the email. The student is asked to carefully review the attachment and strongly encouraged to discuss this notice with their parent(s)/guardian(s). The student is also advised that he or she may want to seek legal counsel.

During the meeting, the alleged policy violation is explained, the settlement letter is reviewed, and an informal student conduct hearing is held. The student is then asked to: disable any file sharing software, understand the implications of possessing and sharing illegally held copyrighted materials, agree to not share copyrighted material while their computer is connected to the UIW network, and to understand that further violations of the computing resources code may result in more severe sanctions being placed on them. Additional sanctions may be assigned by the Dean of Campus Life (or designee) in accordance with the UIW Student Code of Conduct.  

Release of Student Information

Unless served with a proper subpoena, UIW will not disclose the name of, or other identifying information pertaining to, the user to the RIAA or the holder of the copyright.
 

If you do not respond to the settlement letter, however, the holder of the copyright may possibly file suit against you as a “John Doe” or “Jane Doe,” and subsequently serve UIW with a subpoena to obtain information revealing your identity. If served with a legally issued subpoena, UIW may have no option but to comply with the subpoena and supply the information requested therein, which will undoubtedly include the identity of the user of the infringing IP address.

FERPA

The Family and Education Rights and Privacy Act (“FERPA”) affords you limited protection with regard to a subpoena. FERPA provides that an institution served with a lawfully issued subpoena must notify the student of its receipt of the subpoena in advance of compliance, so that the student may seek a protective court order. If the student does not seek a protective order, or is unsuccessful in obtaining such an order, the institution must respond to the subpoena.
Note:
Please be aware that UIW will not be a party to any legal action instituted by the copyright holder against the user, and will not provide legal assistance to that user. If you receive a settlement letter from the RIAA, it is your responsibility alone to determine the manner in which you will respond. You may wish to consult with legal counsel of your choosing before responding to the settlement letter.

FAQ’s

What should I do if I receive a settlement letter from the RIAA?
UIW cannot advise you on the course of action that is in your best interest should you receive a settlement letter from the RIAA. UIW strongly encourages that if you have any questions about a settlement letter, you should consult with legal counsel of your own choosing who is knowledgeable about copyright law.
 

Where can I get more information? 

http://campusdownloading.com
http://educause.edu/ir/library/pdf/CSD4832.pdf (Sample settlement letter)
http://eff.org/IP/P2P/?f=riaa-v-thepeople.html
http://musicunited.org
http://p2plawsuits.com
http://subpoenadefense.org
http://www.respectcopyrights.org/faqs.html

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