University of Utah Promises DMCA Crackdown
Milo Fungus writes "The University of Utah announced yesterday to all students, faculty, and staff that "the University will disable network access for any machine for which a DMCA complaint has been received" from the MPAA, RIAA, or member of the software industry. The full text of the memorandum can be found here. (Please be easy on the server and set up a mirror if you can.)"
To: All University of Utah Students, Faculty, and Staff
From: Stephen Hess
Associate Academic Vice President for Information Technology
Stayner Landward
Dean of Students
Date: March 14, 2003
Subject: Illegal Sharing of Copyrighted Materials
The purpose of this memo is to officially notify all students, faculty,
and staff, that it is a violation of federal law and University policy
to share and/or distribute copyrighted materials without the permission
of the copyright holder. Violators may be subject to civil and criminal
prosecution under the provisions of the Digital Millennium Copyright Act
(DMCA), as well as personal sanctions specified in University policy.
The University has received a significant increase in complaints from
representatives of the motion picture, music recording, and software
industries. The majority of the complaints are directly related to the
use of file-sharing software, such as KaZaA, Gnutella, and similar
programs.
File sharing software is most commonly used to download music and other
media. Many do not realize that this software may turn your personal
computer into a server, or upload site, even if that was not your
intent. Files on your network connected PC may then be illegally shared
with every other person connected to the World Wide Web. It is
imperative that the file sharing capability of these systems be
disabled. If you do not know how to disable this function, please
contact the Help Desk at 581-4000.
Industry representatives aggressively monitor the Internet to discover
incidents of illegal file sharing. When violations are discovered, they
contact the network owner and/or the Internet Service Provider and
demand that the offending device be disconnected from the network. To
protect the user and the University from further culpability under the
DMCA or University policy, the University will disable network access
for any machine for which a DMCA complaint has been received.
To restore network service, the user must contact the Help Desk and
arrange to sign a document stating that the user has disabled the file
sharing function of their software and has agreed to discontinue all
illegal file sharing activity. If the user is named in additional
complaints, they will be referred to the appropriate University
committee for further review and action.
Action taken by the University to remedy a violation does not preclude
the copyright holder from seeking civil and/or criminal prosecution.
The law specifies civil liability of not less than $200 or more than
$2,500 per act, and criminal penalties up to $500,000, and/or
imprisonment for up to 5 years for the first offense.
Thank you for taking this notification seriously.