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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.
* When they reconnect to the network, they are required to check a box confirming that they are not sharing any copyrighted materials.
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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- Carleton's agent will receive these two (or more, should there be more than one alleged infringer) letters and reviews the details of both. The following is a summary of such a letter.
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.
- On receiving such a letter, Carleton's agent will identify the alleged infringer by checking the specified IP address against our database of registered machines. The agent will then forward the corresponding settlement letter to the alleged infringer, and their network access will then blocked.
- When the alleged infringer receives their settlement letter, they should read it through carefully and make sure that they understand it. The following is a summary of a settlement letter.
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.
- At this point, the individual is entirely responsible for determining how to respond to the RIAA and may wish to consult legal counsel before making a decision. Unfortunately, the college cannot provide advice or assistance in this regard.
- The individual should, however, take immediate steps to prevent further infringements, most likely shutting down or otherwise disabling their file sharing software.
- In accordance with the details of the settlement letter, Carleton will not recommend removing or deleting either the file sharing software or the infringed materials. As noted above, this is not intended as legal advice, simply a distinction from the college's recommendations with respect to the standard DMCA notices it has received in the past.
- In order to have their network access re-enabled, the individual will be required to notify the college of the steps they have taken to prevent further infringements.
- Upon receiving the this information, the agent will re-enable the alleged infringer's network access. The email will be kept on record in case the college should be asked to provide evidence of their compliance with the requests made in the notice.
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