Other Legal Actions
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. Other than DMCA Takedown notices, the
following are the most common copyright infringement notices sent from
organizations representing copyright holders:
These notices do not
have to be sent in any particular order, and are not all required. 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.
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 in response to a
future subpoena. The notice will typically request that the alleged
infringer preserve any evidence that might reside on the computer identified in
the preservation request. 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 may include
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 may inform 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 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 Student Life Office at
Carnegie Mellon can provide recommendations on whom to contact for advice.
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 distribute 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.
< Previous Page Next Page >
