Re: RIAA Moves Against College-Network Fileswapping

[Ced Bennett <Ced.Bennett () STANFORD EDU>]

Trying to outguess lawyers and juries is always an interesting activity.
Out West, in litigious California, we think the game is already over when
they decide to sue.  Win or lose, there is cost in energy, focus, dollars
and reputation - which for us can affect donations, research awards,
competition for faculty, and (maybe) student enrollment.  We work hard to
prevent that - including both policy generation and enforcement.  But it
certainly does take considerable dialog on the campus to decide on direction
- and then maintain it.  

Ced Bennett

| -----Original Message-----
| From: The EDUCAUSE Security Discussion Group Listserv 
| [mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Tracy Mitrano
| Sent: Friday, April 04, 2003 4:44 AM
| To: SECURITY () LISTSERV EDUCAUSE EDU
| Subject: Re: [SECURITY] RIAA Moves Against College-Network 
| Fileswapping
| 
| 
| Great question, the answer of which may substantially depend 
| on whether they followed DMCA registration and procedures.  
| Verizon did not, which is why RIAA subpoenaed them for user 
| name.  If these schools follow "safe harbor" provisions of 
| the DMCA, they should be immune from contributory copyright 
| liability.  And even if they did not, there is language in 
| the DMCA regarding ISPs which should go a long towards 
| protecting them.  But still, these are $64,000 questions, 
| becoming more costly by the minute.
| 
| Tracy
| 
| At 06:30 AM 4/4/2003 -0600, you wrote:
| >Do you feel this excludes them from turning a law suit against the 
| >college network operators next?  Especially if they feel a college 
| >hasn't done enough to discourage the activity?
| >
| >Ken M. Shaurette, CISSP, CISA, CISM, IAM
| >Omni Tech Corporation, www.omnitechcorp.com
| >(262) 523-3304
| >
| >         -----Original Message-----
| >         From: Tracy Mitrano [mailto:tbm3 () CORNELL EDU]
| >         Sent: Thu 4/3/2003 9:06 PM
| >         To: SECURITY () LISTSERV EDUCAUSE EDU
| >         Cc:
| >         Subject: Re: [SECURITY] RIAA Moves Against College-Network 
| > Fileswapping
| >
| >
| >
| >         Please note, the action is not against network 
| operators, but users,
| >         students.  Attached is the RIAA letter concerning 
| this matter.  
| > Tracy Mitrano
| >
| >
| >         At 08:56 PM 4/3/2003 -0500, you wrote:
| >         >For those of you that don't read slashdot -
| >         >
| >         >"The RIAA is taking action against college "Napster 
| > networks". It's suing
| >         >four network operators, two at Renssalaer Polytechnic 
| > Institute, one at
| >         >Princeton University, and one at Michigan Technological 
| > University."..
| >         >
| >         >http://yro.slashdot.org/yro/03/04/03/2312220.shtml?tid=141
| >         >
| >         >If you have lots of p2p traffic on your network you might 
| > want to touched
| >         >base with your general council, if you haven't already.
| >         >
| >         >Cheers -
| >         >
| >         >**********
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