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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.
* They must then reply to the original email detailing the steps that they have taken and confirming that the materials are no longer being sharedWhen they reconnect to the network, they are required to check a box confirming that they are not sharing any copyrighted materials.
7) Upon receiving the required emailconfirming that no copyrighted materials are being shared from their computer, the alleged infringer's network access is re-enabled. The email is kept on record in case the college should be asked to provide evidence of their compliance at a later date. This is also used in cases of repeat offendersA record is kept of the alleged infringement for legal reasons and for use in the event of a repeat offense.
8) No further communication with the copyright owner is required after receipt of the DMCA notice.
This does not mean, however, that the copyright holder considers the matter resolved. For example, in the case of the RIAA, if the individual continues to share files and is identified a second time, the subsequent notice will be filed using the same Case ID as before, potentially flagging it as a repeat offense.
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- The individual's network access is blocked until such time as they detail via email the steps they have taken to prevent the corresponding materials from being shared.
- Upon receipt of this email, the individual's network access is restored.
- 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 Supervisor 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 ITS Technology Support to discuss the current situation and to review what will happen in the event of a third offense.
- Once the helpdesk Supervisor has 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.
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- The individual's network access is blocked and they are required to present their machine to the helpdesk Supervisor 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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- 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.