Re: RIAA Preservation Letter

[Tracy Mitrano <tbm3 () CORNELL EDU>]

Hi Dick, I cross listed your question.

Again, just for reference, here is what we do:  http://
www.cit.cornell.edu/policy/memos/riaa.html

Preservation:  we forward to student with a cover letter, attached.
It does not meet the elements of a DMCA notice, so we do not treat as
such.

Settlement: we forward to student with cover letter, attached, and
treat as a DMCA notice because cover letter plus settlement letter =
elements of a DMCA notice and it would seem unfair not to treat
similarly given that as a matter of policy ...

DMCA Notice: we act on notices internally as a matter of policy, but
NOT because we believe we have liability (vicarious, contributory or
direct) when it is NOT on an institutional server.

Most of the preservation notices that we receive refer to previous
DMCA cases that we received already and have acted on, so of course
we don't put the student through our internal process again even if
we receive a settlement letter.   For your counsel, you might want to
point out that the preservation notice does not have information
about the material alleged to violate copyright or other relevant
facts/evidence for our Judicial Administration to warrant action.

Good luck!

Tracy

Attachment: PreservationNotice.doc
Description:

Attachment: Setttlment
Description:

On May 15, 2007, at 1:51 PM, Dick Jacobson wrote:

> This just does not want to go away. 8-0
>
> I have been asked to put together a procedure for responding to the
> different notices from the copyright holders or their agents and to
> find out what others are doing.  The discussions now are with the
> attorneys (plural).
>
> The Takedown notices and Pre-Litigation notices are not causing as
> much conversation as the Preservation notice.
>
> First, it is understood that we are under no obligation with regard
> to these notices and will not alter our log retention practices
> from our stated policy in order to accomodate the notice.
>
> Not so clear is if we should identify the individual and notify the
> individual that we received the notice.
>
> One of the attorneys has suggested that the Preservation notice
> gives us knowledge of the activity and we should treat it the same
> as a Takedown notice.
>
> I am interested in both your thoughts and your stated process for
> these.
>
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> Dick Jacobson                   e-mail : Dick.Jacobson () ndus NoDak edu
> NDUS IT Security Officer        office : IACC 206, NDSU
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