DMCA
Agent
Response
“We’re Singing in the Rain!”
Phyllis Self & Jim Yucha
Virginia Commonwealth University
January 15, 2004
Copyright Phyllis C. Self and James B. Yucha, 2004. This work is the intellectual property of the author. Permission is granted for this material to be shared
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Why Should You Care About Copyrights?
• It's the law. Federal statute prohibits the
unauthorized use of copyrighted material.
• It's the right thing to do. We should respect
the rights and livelihoods of owners and
creators of copyrighted material.
• What Our Constitution Says:
Congress shall have the power to “promote the Progress of
Science and useful Arts, by securing for limited Times to
Authors and Inventors the exclusive Right to their
respective Writings and Discoveries.”
What the DMCA Does
The 1998 enactment of the Digital Millennium Copyright
Act (DMCA) represents the most comprehensive reform of
United States copyright law in a generation. The DMCA
seeks to update U.S. copyright law for the digital age in
preparation for ratification of the World Intellectual Property
Organization (WIPO) treaties.
Key among the topics included in the DMCA are provisions
concerning the circumvention of copyright protection
systems, fair use in a digital environment, and online
service provider (OSP) liability (including details on safe
harbors, damages, and "notice and takedown" practices).
Source: Educause Current Issues Web Site
Youth Culture Supports Downloads
“Younger Americans are less likely to be
concerned about copyright than any other
age cohort. 72% of online Americans aged
18 to 29 say they do not care whether the
music they download onto their computers is
copyrighted or not, compared to 61% of
Internet users aged 30 to 49, the group that
is the next most likely to download after
young adults.”
Source: Pew Internet & American Life Project
1998: Congress Enacted the DMCA
• 2000-2002—RIAA Concentrates
Enforcement on Napster and Students
Living in Dorms
• January 2003—RIAA vs. Verizon:
Forces Verizon to release names of subscribers suspected
of copyright infringement. Verizon has turned over identity
of five customers.
• April 2003—RIAA Sues 4 Students:
Princeton, Rensselaer Polytechnical & Michigan Tech.
June, 2003: RIAA Changes Tactics
• June, 2003—Individuals, not KaZaA
RIAA announces that it will go after individual users, not
file-sharing sites.
• July, 2003—RIAA Subpoenas 800+
Most campuses comply with initial subpoena.
• July, 2003—MIT Balks at Subpoenas
MIT counters that Family Education & Rights Privacy Act
prevents release & RIAA filing in DC lacks jurisdiction in
Mass. Subpoenas corrected & MIT eventually releases
information.
October, 2003: Campuses Respond
• MIT—Student-designed LAMP
MIT students launch campus-wide electronic music
library with $40,000 technology-innovation grant.
System uses MIT’s analog closed-circuit cable TV
system. Currently suspended, as record producers
claim Loudeye, Inc. lacked permission to sell MP3s to
MIT’s library.
• Penn State—Campus-wide Napster
Penn State contracts with Napster to allow unlimited
student downloads. Students complain their technology
fees are used for the service without their permission.
December, 2003: Verizon Wins Appeal
The RIAA claimed it was entitled to expedited subpoenas
issued by court clerks, rather than judges, under the DMCA.
Although the industry could track down the numerical Internet
address, they could not take legal action without obtaining
names and addresses of the swappers from their ISPs.
Verizon argued that the privacy and safety of its customers
would be compromised if the subpoenas were not issued by
judges, who first review their validity. The company also
argued that the Digital Millennium Copyright Act prohibits
Internet providers from being held responsible for what
moves across their networks. The Court of Appeals for DC
agreed with Verizon.
Source: seattletimes.nwsource.com/html/businesstechnology/2001819916_download20.html
RIAA’s Cary Sherman Responds
"This is a disappointing procedural decision.... This
decision in no way changes our right to sue... We
can and will continue to file copyright infringement
lawsuits against illegal file sharers… It unfortunately
means we can no longer notify illegal file sharers
before we file lawsuits against them to offer the
opportunity to settle outside of litigation. Verizon is
solely responsible for a legal process that will now
be less sensitive to the interests of its subscribers
who engage in illegal activity."
Source: www.riaa.com/news/newsletter/121903.asp
What, Exactly, IS an OSP?
“An entity offering the transmission, routing or
providing of connections for digital online
communications, between or among points specified
by a user, of material of the user’s choosing, without
modification to the content as sent or received.”
Colleges and Universities qualify as OSPs
when they provide these services to students
as long as they have registered with the
Copyright Office as an OSP with a
Designated Agent
OSPs Have Some Liability Protection
•
•
•
•
Transitory Communications
System Caching
Information Location Tools
Storage at Direction of Users
– The provider must not have specific knowledge of
infringing activity.
– The provider must not receive financial benefit from
the infringing activity.
– Upon receiving notification of claimed infringement,
the provider must expeditiously take down or block
access to the material.
What Does VCU Do?
• Upon receipt of complaint, user is immediately
disconnected from the network.
– Students must have an educational interview with
Student Affairs staff before their connection is reinstated.
– Almost all have admitted they knew they were sharing
copyrighted files.
• Process begins when VCU’s Registered DMCA
Agent receives a complaint from copyright holder.
• Here’s the Web-based program we’ve developed to
manage this process:
[email protected]
01/09/2004 02:46 PM
To:
<[email protected]>
Subject: DMCA
Please go to http://www..../dmca2.asp?ID=-18367xxxx for processing.
case ID='-18367xxxx'
case number='123sample'
[email protected]
01/09/2004 02:47 PM
To:
[email protected]
Subject: DMCA2
Hitesh Patel,
Please go to http://www..../dmca3.asp?ID=-18367xxxx for processing.
<[email protected]>
01/09/2004 02:48 PM
To:
[email protected]
Subject: DMCA3
Gregory Primavera,
Please go to http://www..../dmca4.asp?ID=-18367xxxx for processing.
[email protected]
01/09/2004 02:51 PM
To:
[email protected]
Subject: DMCA4
Hitesh Patel,
Please go to http://www..../dmca5.asp?ID=-18367xxxx for processing.
Students Respond To RIAA Tactics
Source: www.pewinternet.org/reports/toc.asp?Report=109
Students Respond To RIAA Tactics
“While multiple factors may have contributed to the
decline, every nook of the music downloading world
has been affected, including the parts of the
population that were the most prolific users of online
file-sharing networks. Steep drops in downloading
were recorded among students, broadband users,
young adults (those ages 18-29) and Internet
veterans. … The survey was conducted among those
18 and older.”
Source: www.pewinternet.org/reports/toc.asp?Report=109
How Do Virginia Schools Respond?
Virginia Higher Educational Institutions that
are registered OSPs have formed an
informal coalition to:
– Meet annually to share ideas
– Operate an informational email listserv
– Share educational materials developed for
students and staff
Different Schools Respond Differently
• Many manage bandwidth:
– “If students consistently use above a certain level of bandwidth, an
automated process notifies them and their network access is shifted to a
‘small pipe’.”
• Some (as does VCU) disconnect students upon
receiving a complaint.
• Some disconnect students after 2 or 3 complaints.
• Most have educational campaigns to make students
aware of copyright issues:
–
–
–
–
Article in student newspaper
Orientation handouts
Mass emails to the entire university community
Inclusion in Responsible Computing Policy which all students, faculty and
staff agree to (even if they haven't read it, they have to click acceptance).
DMCA Complaints this semester
George Mason University: 116
Virginia Tech University: 112
University of Richmond: 7
Mary Washington College: 0
Virginia Commonwealth University: 0
Comments on changes this year:
•
•
•
“We've already had two students temporarily partitioned this year. Last year
we had one student who collected about 7 notices before he finally came to
an interview. Twice as many notices as this time last year.”
“All complaints this year have come from movies studios, none from the
music industry!”
“There are many more separate movie owners sending notices. Instead of
MPAA, we have Paramount, Universal. MediaSentry also represents movie
rights holders.”
Discussion
• The scans that the recording industry run are
completely automated. We have not been able to
determine a pattern of when or where they will run.
• Only part of your network falls under the safe harbor
provision: where you are acting as OSP for
students. For the rest of your network, you are the
content provider and there is no safe harbor.
• Copyright holder for the most part have changed
tactics and are now going after individuals, so we
are seeing fewer requests for removal.
More Information!
• If you operate an OSP and do not have a
registered agent, you have no liability
protection. Register now!
http://www.copyright.gov/onlinesp
• Find out more about the DMCA
http://www.copyright.gov//legislation/dmca.pdf
VCU Academic Technology
Phyllis C. Self, Ph.D.
Vice Provost,
Academic Technology
Virginia Commonwealth University
[email protected]
James B. Yucha
Director, Web Support Services
Academic Technology
[email protected]
Clyde S. Laushey
Information Security Officer
Virginia Commonwealth University
[email protected]