Educause Security Discussion mailing list archives

Re: Copyright - Timely notice


From: "Christopher E. Cramer" <chris.cramer () DUKE EDU>
Date: Tue, 20 Dec 2005 09:55:30 -0500

We have an explicitly documented DHCP log retention period.  If the
notice is older than that period, we have a form letter stating that we do
not have any information about the IP address used at that time and that
we need to be contacted within X days.

Of course, this is probably a moot point since the notices are sent out
under 512(c) and our role in most of these cases is that of a conduit
which is covered under 512(a).

-c

--
Christopher E. Cramer, Ph.D.
University Information Technology Security Officer
Duke University,  Office of Information Technology
334 Blackwell St., Suite 2106, Durham, NC 27701
PH: 919-660-7003  FAX: 919-668-2953  CELL: 919-210-0528

On Tue, 20 Dec 2005, Dick Jacobson wrote:

First, let me state that we do act on notices we receive regarding
suspected copyright violations on any machines on our networks.  We treat
this as an educational opportunity since that is the business we are in.

I wish to avoid the discussion of whether the DMCA is constitutional.  My
question is whether there is anything in the law regarding the
"timeliness" of notices.  I am unaware of anything.

I just received two notices from the Entertainment Software Association
for suspected violations occuring on November 19 and November 21.  I do
have logs for one of the occurences (I suspect the other campus will not
still have the logs.)

I am inclined to respond to these saying "Contact us sooner".  I
especially like their letter's closing statement saying "Your prompt
response is appreciated." since they to a month to notify us.

Anyway - back to the question .. Is there anything in the law, or accepted
practice, that clarifies this ??


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Dick Jacobson                 e-mail : Dick.Jacobson () ndus NoDak edu
ND HECN MultiUser Host SysAd  office : IACC 206, NDSU
NDUS IT Security Officer      phone  : 701-231-7385
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