February 16, 2007

What is the DMCA?

The Digital Millennium Copyright Act or DMCA covers any copyrighted material including music, movies, software and books. Although file-sharing has become commonplace, it is a violation of federal law and PSU's Acceptable Use Policy to download or distribute copyrighted files to which you do not have rights. The RIAA and MPAA aggressively pursue violators of the law protecting copyright holders. The penalties can be severe. To protect the PSU community, the University has adopted a DMCA violation enforcement guideline and embarked on a DMCA education campaign.

PSU's DMCA Enforcement Guidelines and Procedures

Portland State University recognizes that there are legitimate purposes for using peer-to-peer (p2p) file-sharing applications. For this reason, we do not currently ban them from our network. However, if you participate in file-sharing activity there are a few things you should know:

1. Peer-to-peer activity consumes a disproportionate amount of network resources.

   P2p applications regularly rank as the highest bandwidth consumers on the network. This means that other network activities can be compromised as a result of p2p activity. Help us ensure quality network service for our campus by configuring your p2p application for responsible file-sharing.

2. Copyright laws apply. PSU must respond to DMCA violation notices.

   If we receive a notice that you may have violated copyright law, we must take action. Assume a shared file is copyrighted unless you are sure it is not. Find out about the notification process and the consequences.

3. Personal information and data are at risk.

   P2p software is a common path through which viruses and spyware get installed on computers. Find out about anti-virus software and understand how spyware works.

Links to Related Information:

• Recording Industry Association of America (RIAA)
• Motion Picture Association of America (MPAA)
• Educause DMCA Resources
• United States Copyright Office
• Maseeh College File Sharing Policy

Configure your P2P Application for Responsible File-Sharing

• Partially disable uploading in your p2p application.

  This will prevent others from copying files from your computer. BitTorrent, however, does not allow you to reconfigure upload settings. For this reason, we discourage using it. Any .torrent files are automatically shared for download. This especially becomes a problem for universities because our fast internet connection is attractive to people off-campus seeking quick download speeds. You may be only one person downloading a few files, but with a p2p application running you can have many people copying files from your computer. Check your specific p2p application configuration to see if it allows you to disable uploading. If it does not allow it, we recommend you do not use it.

• Use virus protection.

  Virus protection is free. Contact the User Support Services Help Desk to get it installed. If you are downloading files from unknown sources, do not take the risk of becoming infected. Keep your virus protection up to date.

• Turn off your computer.

  P2p applications can run in the background. Turn off your computer when you are not using it to ensure no one is accessing your computer unmonitored.

• Turn off your p2p application.

  Even if you think you've turned off your p2p application while you are using other software on your computer, be sure the p2p application is not still running in the background. Do not set your p2p application to start automatically when your system boots up.

DMCA Notification Process and Consequences

When Portland State University receives copyright infringement notices, we track down the user of the IP listed in the notice. We then determine if any other notices have ever been received for this user.

• 1st Violation: User receives notice by email (text below) and by U.S. Mail. If no response is received from the user within 7 days of the initial email notice, the user's internet access is disabled. Access will be restored if the user reaffirms in writing that he or she will comply with federal copyright law and the University's Acceptable Use Policy.
• 2nd Violation(that occurs after the date that the email regarding the 1st Offense was sent to user): User's internet access is immediately disabled. User receives notice by email and by U.S. Mail. The case is referred to the Office of the Dean of Students.

Text of Notice for 1st Violation

Official Notice to [user’s name appears here] of Alleged Copyright Violation

[RT ticket number appears here]

Portland State University has received a notice alleging that a computer
resource for which you are responsible has been used to share
copyrighted materials in violation of federal law. Federal law protects
the distribution of copyrighted material over the Internet under the
Digital Millennium Copyright Act of 1998. In addition, such activity, if
it occurred, is a violation of the University’s Acceptable Use Policy
(http://www.oit.pdx.edu/aup/). A copy of the notice is attached. Please
note that we have already responded to this notice and it is unnecessary
for you to respond to the ////_directly.

The notice alleges that your Internet Protocol Address was used in the
following inappropriate manner:

[insert info from notice]

You must contact our office in writing (email: abuse@pdx.edu within one
week of the date of this notice or your network access will be disabled.

In your response to us, you must state:
(1) That you have received and reviewed the notice from the University
alleging that a computer resource for which you are responsible has been
used for sharing copyrighted material;
(2) That all use of University computer resources for which you are
responsible will comply with all applicable laws (including federal
copyright law) and with the University’s Acceptable Use Policy;
(3) That you understand that if the University receives any further
complaints regarding use of University computer resources for which you
are responsible, your internet access will be disabled; and
(4) If you are currently a student, that you understand that if the
University receives any further complaints regarding use of University
computer resources for which you are responsible, that the matter will
be referred to the Office of The Dean of Students for proceedings under
the Student Code of Conduct. (http://www.pdx.edu/dos/conductcode.html)

The recording industry regularly initiates legal action against users of
computer resources of colleges and universities for alleged violations
of federal copyright law. Please be aware that the content of your
response to us could be used against you if litigation is commenced as a
result of your use of University computer resources. We recommend that
you limit your response to the points provided above.

At this time, we have not received any request to identify you or to
forward a settlement demand to you. If we do, we will notify you at your
last known electronic and U.S. Mail addresses. If you are currently a
student at Portland State University, free legal advice regarding
alleged copyright violations is available to you at Student Legal
Services and Mediation Services. They are located at M340 Smith Memorial
Student Center and can be reached at (503) 725-4556.

For more information on the DMCA, Copyright Policy, and configuring your
computer to prevent file sharing, please see the NTS website at
http://www.telecom.pdx.edu/DMCA.php.

Networking & Telecommunications Services
Portland State University
Phone: 503-725-4434
abuse@pdx.edu