DMCA

["hall, rand" <rand () MERRIMACK EDU>]

Hi David,

As with all issues of law, your first phone call should be to your legal
counsel. They are often Security's best friend.

I think you have misread the legislation. The institution only needs to
"effectively combat the UNAUTHORIZED distribution of copyrighted material".
(Emphasis mine)


Rand

Rand P. Hall
Director, Network Services                 askIT!
Merrimack College
978-837-3532
rand.hall () merrimack edu



On Tue, Nov 29, 2011 at 2:08 PM, David Gillett <gillettdavid () fhda edu>wrote:

> 3.  My understanding of HEOA (2009) -- I am not a lawyer, and so I welcome
> correction -- is that Congress "found" (established as a legal fact which
> should, but needn't, absolutely reflect Reality) that the raison d'être of
> P2P applications and protocols is to violate copyrights, and that therefore
> access to federal funding would be denied to institutions of higher
> education that do not take steps to block P2P.  MAYBE one can get away with
> saying "P2P application XYZ managed to circumvent the measures we put in
> place", but I doubt that "We permit P2P app ABC because x% of the material
> our students download using it is not in violation of copyright" will be
> good enough to restore access to funding--it doesn't, as far as I can see,
> comply with the requirements of the Act.  I do not believe I am authorized
> to commit civil disobedience in the name of our campuses, even if I believe
> Congress was mistaken.