About the DMCA
The Digital Millennium Copyright Act (DMCA) was signed into law by President Clinton on October 28, 1998. The legislation implements two 1996 World Intellectual Property Organization (WIPO) treaties: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. The DMCA also addresses a number of other significant copyright-related issues.
Cabrini's DMCA Policy
Cabrini ITR’s Acceptable Use Policy (AUP) includes a statement about copyrighted material:
- Users may not engage in the unauthorized copying, distributing, altering or translating of copyrighted materials, software, music or other media without the express permissions of the copyright holder.
What is Peer-to-Peer (P2P) Networking
P2P is a decentralized type of computer networking where files reside on individual client computers rather than on centralized servers. P2P programs include Kazaa, Bearshare, ArezWarez, Bittorrent, Gnutella, DirectConnect and Azureus.
Is P2P illegal?
No, P2P is not inherently illegal. Using P2P technologies for the purpose of downloading and sharing copyrighted files is illegal under the terms of the DMCA.
What are some common P2P applications?
Common P2P applications include ArezWarez, Azureus, Bearshare, Bitcomet, BitTornado, Bittorrent, Gnutella, Direct Connect, eMule, eDonkey, iMesh, Kazaa, Limewire, Shareaza, rTorrent, uTorrent, Thunder, Transmission, and WarezP2P.
Am I at risk if I never share files when I run P2P programs?
Yes! Many P2P programs, like Bittorrent, share downloaded files by default. You may be sharing files even though you never explicitly configured specific files or directories to be shared!
How do I uninstall P2P software?
Windows users can uninstall P2P software by using the instructions found on Microsoft's website for uninstall or change a program
May I share music or videos which I have purchased?
What is the DMCA?
The Digital Millennium Copyright Act (DMCA) is a United States copyright law. You can find the U.S. Copyright Office's summary of the DMCA can be found here: http://www.copyright.gov/legislation/dmca.pdf
What are the legal consequences of violating the DMCA?
DMCA violators can expect to face harsh civil and criminal penalties including fines of up to $250,000 per file and 5 years in prison.
What are the consequences of violating the DMCA at Cabrini?
Users who are illegally sharing copyrighted materials without permission using Cabrini's network are also subject to immediate revocation of network access privileges and monetary fines commensurate with primary, secondary, and tertiary offenses. Cabrini's Office of Information Technology and Resources (ITR), as an Internet Service Provider, is legally required to comply with the provisions of the DMCA. The first violation results in a warning and loss of network connection privileges (wired and wireless). Once the illegal files and file sharing software are deleted and a written warning has been issued by Residence Life, signed by the student and returned to ITR, the port will be reactivated. A second DMCA violation results in a two week suspension of network connection privileges in addition to the steps outlined for the first violation. A third DMCA violation results in suspension of network connection for the remainder of the term in addition to the steps outlined for the first violation.
How does Cabrini respond to DMCA Violation notices?
Cabrini ITR, as an Internet Service Provider, is legally required to comply with the provisions of the DMCA.
- The copyright holder sends Cabrini’s Designated DMCA Agent a notice of infringement. The notice identifies the IP Address, Date, Time, Filename(s) and P2P protocol. A sample can be found here: http://www.drexel.edu/irt/security/~/media/Files/irt/pdf/sampleletter.ashx
- ITR begins an investigation, attempting to match the identified IP Address on the network at the stated time of infringement.
- ITR identifies the MAC address of the alleged infringing network device.
- ITR attempts to identify the Cabrini user id to which the MAC is registered.
- If a registered user is found, an email containing the original DMCA notification is sent to the registered user requesting the user to come to the ITR office at Founders 108 to have the illegal files and file sharing software deleted.
- The registered user does not respond in three days his or her network connection will be disabled.
- Residential users who have acknowledged notice of a DMCA Violation will be required to re-register their network jack.
I would like to contest the violation, what should I do?
If you think that you have been incorrectly identified by the copyright owner or Cabrini, an investigation by ITR and Residence Life will take place.
Am I at risk of being prosecuted under the DMCA if I only download a single song?
Yes. The recording and motion picture industries will take action against users responsible for downloading a single copyrighted file.
To whom at Cabrini College can I direct my questions and concerns about filesharing and the DMCA?
The ITR Help Desk can answer questions related to the DMCA and filesharing. The Help Desk can be reached at 610-902-8366 or ITRhelp@cabrini.edu.
To whom at Cabrini College should copyright holders direct DMCA Violation notifications?
The ITR Help Desk can answer questions related to DMCA violation notifications. The Help Desk can be reached at 610-902-8366 or ITRhelp@cabrini.edu.