A Notice to the Student
Carnegie Mellon does not monitor P2P activities on its network. Institutions that protect the rights of the record companies and owners, such as the Recording Industry Association of America (RIAA) and Motion Picture Association of America (MPAA), the Business Software Alliance (BSA), and the Entertainment Software Association (ESA) among others, monitor illegal downloading, copying or sharing of music, videos, commercial software and computer games using P2P programs across the Internet. When a copyright violation is discovered, copyright holders or their agents will report the alleged infringement to the Internet Service Provider (ISP) where the IP address is registered. The University is required to respond to complaints from copyright holders, and organizations representing copyright holders, regarding computers on campus that are illegally distributing copyrighted materials. Copyright holders or their agents will request that the University identify the owner of the machine associated with the reported IP address and relay the Takedown or DMCA Notice to the alleged copyright infringer and/or coordinate the removal of access to the infringing content.
Carnegie Mellon could receive a number of notices related to the copyright infringement or be served with subpoenas from an agency representing the copyright holder. The following are the most common copyright infringement notices sent from organizations representing copyright holders:
These notices may not be sent sequentially to the University. For example, a representing agency could choose to send an Early Settlement Letter as the first notice to be communicated to the alleged infringer, which could then be followed by a subpoena. A Takedown notice could also be sent separately.
DMCA Takedown Notice
A DMCA Takedown notice is a letter or email that the University receives from the copyright holder or a representative of the copyright holder, under the Digital Millennium Copyright Act, requesting that the University remove, disable access to, or disable distribution of material allegedly involved in copyright infringement. The notice will include the IP address of the machine allegedly involved in the infringement, a description of the allegedly infringing material, and a timestamp with the time, time zone, and date. Once the notice is received, Carnegie Mellon is obligated to ensure that the infringing material is no longer accessible from the system listed in the takedown notice.
After receiving a DMCA Takedown notice, the Information Security Office (ISO) will identify the system that was using the IP address at the time specified in the notice, and will then issue a suspension notice. Upon receipt of the takedown notice the ISO will suspend the machine from the campus network using the Netnotify system. Using this system to suspend access will also send email to the users listed as having responsibility for the machine in the Network Registration System aka NetReg which is available at http://netreg.net.cmu.edu. In cases where the system is in a department that does not register their computers in NetReg the departmental IT staff will receive the notification.
Normally the suspension will last for 45 days. Appeals can be made by responding to the notification message via email. In all cases, the material that caused the reported copyright infringement must be removed prior to the restoration of network access.
In some cases, especially for repeat offenders, the violation may be reported to Student Affairs for potential disciplinary action.
Preservation Request
A preservation request is initiated by organizations representing copyright holders. These requests are usually sent to the ISP, such as Carnegie Mellon, demanding that the alleged infringer’s contact information be preserved for response to a future subpoena. The preservation request, similar to the Takedown notice, contains the IP address that was reported in the violation and the timestamp, including time, date, and time zone. The ISO uses this information to determine what individual is responsible for the system.
Early Settlement Letter
The agency representing the copyright holder may give the alleged infringer an opportunity to settle the matter outside of a courtroom. The representing agency sends ISPs, such as Carnegie Mellon, an “Early Settlement Letter” with a request that it be forwarded to the user associated with the IP address involved in the alleged copyright infringement. The letter informs the alleged infringer of a possible lawsuit, and presents them with the opportunity to settle the claim in order to avoid having to resolve the claim in court. This letter includes a link to a settlement website where a reduced amount, ranging from $1,000 to $5,000, can be paid with a credit card. In addition, the letter informs the alleged infringer that they are prohibited from deleting information or programs related to the copyright infringement, as they are considered evidence and must be preserved. In the interest of providing students, faculty and staff with notice of potential legal claims and an opportunity to settle such claims, it is the practice of Carnegie Mellon to forward Early Settlement Letters to the alleged infringer. The University does not disclose names, contact information or any other personally identifiable information to the copyright holder in response to Early Settlement Letters.
A student may choose to respond to the Early Settlement Letter or they may seek the advice of an attorney. The Division of Students Affairs at Carnegie Mellon can provide recommendation on whom to contact for advice.
If a staff or faculty member is the alleged infringer, he or she will need to contact the Office of General Counsel (OGC) before any response to the Early Settlement Letter.
Subpoenas
Subpoenas received by the University from copyright holders or their representatives generally request the identity of the user of a particular IP address which allegedly used the University’s network to unlawfully upload or download copyrighted material. A subpoena could be served without sending a DMCA notice, or a preservation request, to the alleged infringer. Subpoenas generally allow for a reasonable period of time within which the recipient is required to respond. Carnegie Mellon will inform the alleged infringer of any receipt of a subpoena for copyright violations prior to providing any information to the party that served the subpoena. In order to afford the alleged infringer(s) the opportunity to challenge the subpoena through the court system, the University will withhold its response until the expiration of the reasonable time specified in the subpoena. Unless the subpoena is successfully challenged, Carnegie Mellon will be compelled to provide the information requested in the subpoena.
