Standard DMCA Letter for CU

[Tracy Mitrano <tbm3 () CORNELL EDU>]

As promised earlier in the week, the standard DMCA notice letter that
CU sends to student users is printed out below.  It reads a little
like War and Peace, and please note that it is delivered to the
student in a web format not as the plain text that appears below.

This week we added information about p2p programs that can be found
at this new link:  http://www.cit.cornell.edu/policy/copyright/
uploadstop.html which borrows from information available and linked
at other institutions: thank you.

For those who are not familiar with the Cornell Copyright Education
Program mentioned in this letter, more information about it can be
found on this page:  http://www.cit.cornell.edu/policy/

BTW: I heard directly from a content owner this week.  He requested
that CU send them information about invalid notices.  Has anyone else
been contacted directly by content owners or their agents with regard
to this kind of request?  Thought it also worth reminding all of us
that these lists are OPEN.

Tracy

___________

This case has been opened on behalf of:

      Mary Beth Grant, Judicial Administrator
and
      Tracy Mitrano, Director of Information Technology Policy

A content owner has sent Cornell University a notice of copyright
infringement, a DMCA (Digital Millennium Copyright Act) notice, that
attaches to an IP (Internet Protocol) Address and/or a computer
system registered in your name. The notice appears below under
Supporting Documentation.

From the perspective of Cornell University, the allegation is that
you violated University Policy 5.1, Responsible Use of Electronic
Communications and its provisions regarding copyright infringement
(and, therefore, Title Three, Article II, Section A of the Code of
Conduct, which requires compliance with university policies).

To resolve this matter as a violation of the Code of Conduct, you
must IMMEDIATELY CEASE AND DESIST from any further file sharing
activity in which material is distributed from your computer for
which you do not have permission or license from the copyright holder.

Furthermore, WITHIN ONE WEEK, you must pursue ONE of the following
courses of actions with the Office of the Judicial Administrator (JA):

   1) If you acknowledge that you are responsible for this violation
and have never before been referred to the JA, you have the option of
an "expedited resolution." To take advantage of this option you must
take and pass an on-line tutorial about copyright law. The tutorial
has a fee of $35 that can be paid with a credit card. If you are not
able to use a credit card to pay for the tutorial, please contact the
JA's Office at 607-255-4680 to have this fee applied to your Bursar
bill. The tutorial can be accessed at:

      http://www.ecornell.com/digitalcopyright

Please be prepared to enter the case number that appears at the head
of this notification. Once the tutorial is finished, the matter will
be closed with an "Oral Warning." No disciplinary records are
maintained for oral warnings, consistent with the policies of the
JA's Office.

   2) If you have been referred to the JA previously, whether or not
the prior referral was for a digital copyright violation and whether
or not you agree that you violated the Code this time, you must meet
with the JA's Office. Please arrange an appointment by calling
607-255-4680. If you agree you violated the Code and have not
previously completed the on-line tutorial described above, that will
be part of your recommended sanction. It is acceptable to complete
the tutorial prior to your meeting.

   3) If you do not believe you violated the Code, please schedule
an appointment with the JA by calling 607-255-4680.

-----
The actions required of you to resolve this matter involve only
Cornell University, NOT the content owner who sent us the original
message. Cornell University will NOT disclose your name or contact
information to this content owner UNLESS the content owner initiates
formal legal action and issues the university a legitimate subpoena.
A DMCA notice is a "cease and desist" order, but it is not a claim in
federal court for copyright infringement, which would begin with a
"John Doe subpoena" to identify the user of the Internet Protocol
address named in the DMCA notice. In most cases, content owners do
nothing more than issue the DMCA notices, though of late they have
been bringing full lawsuits against individual users, even in cases
of minor infringements such as a single song, movie or video.

Cornell University does not monitor its networks for content and did
NOT generate this DMCA notice.   Content owners or their agents use
technologies to detect and/or allege violations of their copyright
that do not involve the Cornell University network.

Information regarding the Code of Conduct and your rights in the
campus disciplinary system may be found at:

      http://cuinfo.cornell.edu/Admin/judicial_system.html

or you may contact the JA's Office at 607-255-4680.

If, as a legal matter, you believe you have permission, license or
qualify for some other exception of federal law to distribute this
material, please contact the Office of University Counsel at
607-255-5125 for information about a legal counter-notice to the
notice that Cornell University has received.

      http://www.copyright.cornell.edu/policy/
Filing_DMCA_Complaints.htm

If you believe this notice is in factual error, please check your
hard drive nonetheless for files names listed on the notice.

Peer-to-peer file-sharing applications continue uploading files to
other people's computers even when the application's window is
closed. To stop uploading, you must either completely remove the P2P
application from your computer, or locate and change the options that
control uploading in the particular application you are using, or
disconnect the computer from the network.  For more information about
how to uninstall or disable these programs, please go to:

     http://www.cit.cornell.edu/policy/copyright/uploadstop.html

The infringement may be the result of a compromise of your computer's
security, which must be remedied to protect the integrity of the
Cornell networks and operations. Please contact the CIT HelpDesk to
remedy the problem and to have them substantiate that a security
breach was the cause of the notice.

      http://www.cit.cornell.edu/helpdesk/about/contactinfo.html