Illegal Peer-to-Peer File Sharing

Introduction

The Digital Millennium Copyright Act of 1998 is a federal law that Congress enacted to protect copyright holders from the unlawful reproduction or distribution of their works. It was enacted to protect copyright holders such as musicians, artists and movie companies. The purpose of DMCA is two-fold: it limits the liability of service providers whose users are infringing upon the copyright of others and defines the procedures necessary to report such infringement.

DMCA Copyright Infringement Notification

DMCA violation notifications come from a variety of copyright holders. The most common are the Recording Industry Association of America (RIAA), Motion Picture Association of America (MPAA), Entertainment Software Association (ESA), Copyright Enforcement Group (CEG), and Business Software Alliance (BSA).

DMCA notifications list the offender's IP address, the date the material was found and the name of the file that is being illegally shared.

Unless served with a subpoena as required under the DMCA, the university does not release the names of (or any personal information about) the offender when sending a DMCA notice. The university falls under Safe Harbor and is trying to protect the individual’s identity from being divulged to the DMCA.

This page is maintained by the Department of Infrastructure Engineering's DMCA Compliance Team
Email: copyright@kent.edu
Phone: 330-672-3929

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 website of the U.S. Copyright Office at www.copyright.gov, especially their FAQ's at www.copyright.gov/help/faq

Safe Harbor

Safe Harbor is located in Section 512 of the Digital Millennium Copyright Act (DMCA). It exempts Kent State University from being sued due to claims of copyright infringement resulting from users on its network. Safe harbor provisions were made to shelter Internet Service Providers (ISP's) from the infringing activities of their customers. Currently, the university qualifies for the safe harbor exemption. This means that the student/employee is the one liable for monetary damages if they are found to be the infringing individual. The university does not at this time give up the name of the individual who is infringing. In order to maintain Safe Harbor, Security and Access Management notifies the infringing user and requests that the infringement stop. Kent State University is actually trying to protect the students and employees from being sued. If subpoenaed, the university will turn over the name of the infringing user at that time.

Network Monitoring for students who are file sharing

Kent State is not a policing organization. The university does not actively monitor computing behavior.

Organizations such as the Recording Industry Association of America (RIAA), the Motion Picture Association of America (MPAA), the Business Software Alliance (BSA), Entertainment Software Association (ESA), and others monitor file sharing systems on the Internet. When they discover an instance of illegal file sharing that is originating from within Kent State's network, they will send an official notice to the university.

Upon receipt of this notice, the university must take action to stop copyright infringement from occurring on its network.

Denying Network Access

Tuition money is not applied solely for network access. There are public labs available on campus. Kent State University provides network access to students so that they may pursue their academic endeavors. We do not have any obligation to provide students with network access so that they can violate copyright laws and provide servers to illegally distribute copyrighted materials. Internet access is provided as a convenience and to allow research to be conducted. If you misuse your access privileges by downloading materials illegally and are caught, you will lose the privilege to access the Internet for a period of time, until the copyright infringement notice has been resolved.

Kent State's Response to Copyright Violations?

Title II of the Digital Millennium Copyright Act (DMCA) limits the liability of Internet Service Providers (ISP) for certain infringements. This means that the DMCA provides limited liability for Kent State University, as it is an ISP for the students, faculty and staff. In order for Kent State to take advantage of some of the DMCA provisions, the university must take steps to respond to notices it receives.

Requirements of the DMCA:

• Kent State University receives DMCA notifications regarding copyright material that is being shared through the university's network. The Copyright Agent is required under the DMCA to respond in a timely matter to any copyright infringement notice received.
• Upon receiving a notification, Security and Access Management determines the owner of the computer that was using the IP address during the date specified.
• Security and Access Management then notifies the offender by email, about the infringement.
• The complainant (RIAA, ESA , BSA, MPAA, etc.) is then notified of the claimed infringement and the discipline consequences set forth by the university.

The DMCA requires that the university provide information to students, faculty and staff accurately, describing and urging compliance with copyright law.

The DMCA also requires that the university has procedures in place that will inform the students, faculty and staff of its policy regarding repeat infringement.

Procedure When Security and Access Management Receives a DMCA Notification for Students Living on Campus

First offense

1. Security and Access Management emails the student informing him or her of the infringement notification.
2. Security and Access Management blocks student's Internet access.
3. Student will be required to do all of the following:

• Remove the offending material from his or her computer and discontinue illegal file sharing activities.
• View online educational videos about the DMCA through the online course set up for them. This online course can be accessed via FlashLine or Blackboard Learn.
• Pass a Quiz (100%) on the material in the DMCA course, which is available via FlashLine or Blackboard Learn.
• Call to schedule an appointment with Security and Access Management at 330-672-5566 to speak with a security analyst.
• Hand-deliver a signed acknowledgement of the email notification to the Security and Access Management office at the scheduled appointment time, attesting that all of the requirements described above have been met.

Upon receipt of the required materials, Security and Access Management will restore the student's Internet access.

Second offense

1. Security and Access Management emails the student informing him or her of the infringement notification.
2. Security and Access Management office blocks student's Internet access.
3. Student will be required to do all of the following: (additional requirements in bold).

• Remove the offending material from his or her computer and discontinue illegal file sharing activities.
• Obtain verification from the TechHelp Service and Repair Center that the above requirements have been met.
• Review the online educational video about the DMCA. This online course can be accessed via FlashLine or Blackboard Learn.
• Pass a quiz (100%) over the material in the DMCA course, which is available via FlashLine or Blackboard Learn.
• Call to schedule an appointment with Security and Access Management at 330-672-5566 to speak with a security analyst.
• Hand-deliver a signed acknowledgement of the email notification to the Security and Access Management office at the scheduled appointment time, attesting that all of the requirements described above have been met.

Upon receipt of the required materials, the Security and Access Management will restore the student's Internet access.

Third (and future) offenses

1. Security and Access Management office emails the student informing them of the infringement notice.
2. Security and Access Management office blocks students Internet access.
3. Student will be required to do all of the following: (additional requirements highlighted in bold below)

• Remove the offending material from his or her computer and discontinue illegal file sharing activities.
• Obtain verification from the TechHelp Service and Repair Center that the above requirements have been met.
• Review the online educational video about the DMCA. This online course can be accessed via FlashLine or Blackboard Learn.
• Pass a Quiz (100%) over the material in the DMCA course, which is available via FlashLine or Blackboard Learn.
• Call and schedule an appointment with Security and Access Management at 330-672-5566 to speak with a security analyst.
• Hand-deliver a signed acknowledgement of the email notice to the Security and Access Management office, attesting that all of the requirements above have been met.
• Attend a Student Conduct hearing to determine further consequences.

Upon receipt of the required materials, and after the Student Conduct hearing, Security and Access Management office will restore the student's Internet access unless otherwise mandated.

This page is maintained by the Department of Infrastructure Engineering's DMCA Compliance Team
Email: copyright@kent.edu
Phone: 330-672-3929

Penalty for Downloading or Sharing from P2P Networks if Subpoenaed

Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if the copyright owner proves willful infringement, that amount may be increased up to $150,000 for each work infringed. The penalty for movie infringements can be up to $250,000 per movie file. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights.

Actions a Copyright Holder Can Take

At this time Kent State University falls under "Safe Harbor", which protects the student, faculty and staff by complying with the DMCA's request to remove the infringing material, stop access to the infringing material, and educate the violators.

BUT KEEP IN MIND the following...

Kent State University can only protect you to an extent. If a subpoena is served on the university, then the university will be required to give the name of the person who received the infringement notice.

Copyright owners can file civil suits to recover damages and costs. In many cases, statutory damages of up to $30,000, or up to $150,000 for willful infringement, may be awarded even if there is no proof of actual damages. In addition, in certain cases of willful infringement, the government can file criminal charges, which may result in substantial fines and imprisonment.

Use of an academic network does not confer immunity from copyright law, nor can Kent State University protect its students, faculty, or staff from criminal investigations or lawsuits relating to their personal actions.

Computer is Sharing Files without Owner's Knowledge

Yes. Kent State University does not actively look for computers sharing files in violation of copyright law. Some organizations, such as the RIAA, MPAA, MediaForce, Universal Studios, and others, however, do. If they find that your computer is distributing files to which they (or someone that they represent) owns the copyright, then you could get into serious trouble. Currently, the various organizations will request that Kent State University make the illegal file sharing stop. To do this, Security and Access Management will typically disable the machine's network access.

Kent State University expects students to take reasonable precautions to secure their personal computers and will be held responsible for misconduct that occurs from others' use or misuse of their systems.

If you receive a copyright violation notice and suspect that your computer has been compromised, please contact Security and Access Management 330-672-5566 or The Tech Spot in Tri-Towers.

A Friend Set Up the File Sharing without Computer Owner's Knowledge

You are responsible for the purposes in which your machine is used. Do not allow anyone to use your user name/account, as you are responsible for what happens under that user name. You should always set up accounts for your users, and disallow guests, visitors, or strangers to access your machine without your permission and knowledge. If you have set up accounts on the machine, you are still at least partially responsible for what those users do because it is your machine.

This page is maintained by the Department of Infrastructure Engineering's DMCA Compliance Team
Email: copyright@kent.edu
Phone: 330-672-3929

Kent State University has designated an agent to receive notifications of alleged copyright infringement in the kent.edu domain. If you believe your copyrighted work is being infringed on a Kent State University site, please notify our copyright agent:

Kimberly Price, Lead IT Security Engineer
Information Technology
Infrastructure Engineering
Kent State University
P.O. Box 5190
Kent, OH 44242-0001
Email: copyright@kent.edu
Phone: 330-672-3929
 

In notifying us of the alleged copyright infringement, please be sure to include the following information:

• A description of the copyrighted work which is the subject of the claimed infringement (if multiple works are being infringed at a single site, a representative list of such works at that site is adequate);
• A description of the infringing material and information sufficient to permit Kent State to locate the material; Contact information for you, including your address, telephone number and/or email address;
• A statement by you stating that you, in good faith, believe that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law;
• A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and
• A physical or electronic signature of the copyright owner or a person authorized to act on its behalf.

Counter Notification of Replacement

Members of the University community who feel that they have been wrongfully accused of copyright violations do have specific legal protection under the Digital Millennium Copyright Act.

If you believe that you have not engaged in copyright infringement, you may file a "counter notification" which will assert your innocence. If you are interested in filing a counter notification, please contact the University's copyright agent, Kimberly Price.

A counter notification may be provided to Kimberly Price, responding to the notification from the Complaining Party. A counter notification must be a written communication provided to Kimberly Price that includes the following:

• A physical or electronic signature of the User (subscriber).
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• A statement, under penalty of perjury, that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• The User's name, address, and telephone number, and a statement that the User consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the User's address is outside the United States, for any judicial district in which the University may be found and that the User will accept service of process from the person who provided notification or an agent of such person.

Failure to include all of the above-listed information may result in a delay of the processing of your complaint. The U.S. Copyright Office maintains a directory of service provider agents for notification of claims of infringement at http://www.copyright.gov/onlinesp/.

For more information on the Digital Millennium Copyright Act, please visit http://lcweb.loc.gov/copyright/onlinesp/.

This page is maintained by the Department of Infrastructure Engineering's DMCA Compliance Team
Email: copyright@kent.edu
Phone: 330-672-3929