Educause Security Discussion mailing list archives
Re: RIAA DMCA notices malformed this school year
From: "Paul B. Henson" <henson () ACM ORG>
Date: Wed, 10 Sep 2008 10:02:34 -0700
On Tue, 9 Sep 2008, Tracy Mitrano wrote:
This event is a good time to remind everyone that the 512(c) safe harbor provisions that establish the DMCA agent registration with the LOC is for when the alleged infringement derives from the ISPs servers, i.e. an institutional device, and is not a required procedure for conduit connections, i.e. between two computers that the ISP (institution) does not own.
We receive occasional DMCA notices for infringement coming from our residential student networks. We had assumed we were required to take action on these. I did some initial review of the 512(c) section you mentioned, and it does indeed seem that given these infringements are taking place from the student's personal computer and only traversing our network, we are not required to respond to the DMCA notice. The only requirement seems to be that some type of AUP be in place such that "repeat infringers" have their access to the network terminated. Yet, there is no clear definition of "repeat infringer", I read in one place that theoretically "multiple guilty verdicts in a court of law" could be considered a reasonable definition of "repeat infringer", I don't think anyone would currently meet that definition. As much as I would like to simply drop these annoying DMCA takedown requests for P2P into the bit bucket, I don't think our management would be on board. Tracy, does Cornell simply disregard DMCA takedowns where the infringement takes place on a student computer? Any other universities with such a policy I could use as a precedent? -- Paul B. Henson | (909) 979-6361 | http://www.csupomona.edu/~henson/ Operating Systems and Network Analyst | henson () csupomona edu California State Polytechnic University | Pomona CA 91768
Current thread:
- RIAA DMCA notices malformed this school year Sweeny, Jonny (Sep 05)
- <Possible follow-ups>
- Re: RIAA DMCA notices malformed this school year Kevin Hayes (Sep 05)
- Re: RIAA DMCA notices malformed this school year Paul B. Henson (Sep 05)
- Re: RIAA DMCA notices malformed this school year Ardoth Hassler (Sep 06)
- Re: RIAA DMCA notices malformed this school year Ken Connelly (Sep 06)
- Re: RIAA DMCA notices malformed this school year Charlie Reitsma (Sep 06)
- Re: RIAA DMCA notices malformed this school year Sweeny, Jonny (Sep 09)
- Re: RIAA DMCA notices malformed this school year Bob Bayn (Sep 09)
- Re: RIAA DMCA notices malformed this school year Tracy Mitrano (Sep 09)
- Re: RIAA DMCA notices malformed this school year Paul B. Henson (Sep 10)
- Re: RIAA DMCA notices malformed this school year Tracy Mitrano (Sep 10)
- Re: RIAA DMCA notices malformed this school year Paul B. Henson (Sep 11)
- Re: RIAA DMCA notices malformed this school year Tracy Mitrano (Sep 11)
- Re: RIAA DMCA notices malformed this school year Paul B. Henson (Sep 12)