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DMCA Notice Procedure
If a service provider receives such a notice and wants to maintain its limited liability status under the provisions of Title II of the DMCA, it must respond accordingly. It must take whatever steps it deems necessary to prevent the infringement from continuing, though the DMCA does not detail what those steps should be.
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6) An email is then sent to the individual explaining why their access has been blocked. This email includes details of the alleged infringement and a copy of the DMCA notice itself. Finally, the email outlines what steps the individual should take in order to prevent the file(s) in question from being shared and to regain their network privileges.
To prevent the materials from being shared, the individual can either delete the copyrighted material from their machine, uninstall any file sharing utilities, or remove all copyrighted materials from these utilities' shared spaces.
7) Upon confirming that no copyrighted materials are being shared from their computer, the alleged infringer's network access is re-enabled. A record is kept of the alleged infringement for legal reasons and for use in the event of a repeat offense.
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Repeat offenses endanger Carleton's limited liability protection under the DMCA and quite probably draw further attention to the college. If, for example, the RIAA were to record a second or third infringement from the same IP address on Carleton's network, it would not be unreasonable for them to assume that the college did not take the necessary steps after the first DMCA notice. As compliance with the requests made in a DMCA notice is required for the service provider to maintain its limited liability standing, this has serious implications. For this reason, the process that Carleton will follow will differ somewhat when faced with a repeat offender.
First Offense
The individual's network access is blocked until they confirm that they are not sharing copyrighted materials.
Second Offense
The individual's network access is blocked and they are required to present their machine to the Helpdesk staff who will remove any file sharing applications installed on the machine. At this time, any copyrighted materials which can clearly be identified as having been obtained illegally will also be removed.
The individual is also required to make an appointment with the Director of Technology Support to discuss the current situation and to review what will happen in the event of a third offense.
Once the Helpdesk staff have finished working on the machine and the appointment has been scheduled, the individual's network access is restored.
Should the individual fail to meet with the Director, their access will be blocked once again until after the rescheduled meeting has taken place.
Third Offense
The individual's network access is blocked and they are required to present their machine to the Helpdesk staff who will remove any file sharing applications installed on the machine. At this time, any copyrighted materials which can clearly be identified as having been obtained illegally will also be removed.
The case is then referred to the Dean of Students office for appropriate disciplinary action. The Dean's office is provided copies of all corresponding DMCA notices and email exchanges.
The individual's network access may or may not be restored depending on the decisions of the Dean's office.
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Details on RIAA Notices of Copyright Infringement ClaimsIn its letter of February 28th 2007 to University Presidents, the RIAA outlined a new settlement option that would allow alleged infringers to settle claims before a law suit was ever filed with the courts. The RIAA claims that it is offering this option in response to repeated requests from individuals for the ability to settle before they are named in court. The following is an overview of the new settlement process, including summaries of the various letters sent by the RIAA and an outline of the steps Carleton takes when the college receives such a notice. Before the College is Notified
After the College is Notified
The letter to the agent begins by alleging that someone on Carleton's network - identified only by their IP address - is infringing on copyright owned by one of the RIAA's member organizations. The letter states that "before initiating a lawsuit against that individual" the RIAA wants to "offer to settle those claims at an early stage for a substantially reduced dollar amount." The agent letter goes on to state that, if the individual does not respond in a "timely manner", the college may be subpoenaed to provide personal details on the individual and to preserve any data which may be relevant to the court case.
The settlement letter opens by confirming that Carleton has been asked to forward the notification prior to the RIAA filing suit. The letter then outlines the evidence that has been gathered against the individual, based solely on their IP address, citing the file sharing network or protocol (e.g. LimeWire) and the number of files that they were found to be sharing via that network. Next the letter details the offer to settle. It states that the individual has a limited time (normally twenty days) from the date of the letter to contact the sender and settle the claims before a law suit is filed. If the individual chooses that option, the settlement is offered for "a significantly reduced amount" in comparison to any settlement which may be offered after suit has been filed, or to damages which may be awarded by a court. A phone number is provided, as is a website where alleged infringers can settle via a simple, four-step process using a major credit card. Finally, the letter details matters for the recipient to consider such as monetary damages and legal fees. It also states that the recipient is "obliged" to preserve evidence, specifically the file sharing software and infringing materials, in the event that a law suit is filed against them.
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