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University of Utah Promises DMCA Crackdown 45

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.)"
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University of Utah Promises DMCA Crackdown

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  • by TheRedHorse ( 559375 ) on Sunday March 16, 2003 @01:11AM (#5522358)
    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.
  • $1 (Score:5, Funny)

    by elmegil ( 12001 ) on Sunday March 16, 2003 @01:14AM (#5522365) Homepage Journal
    to the first person to forge an email and get someone taken off the network for something they didn't actually do.
    • Re:$1 (Score:5, Funny)

      by Lazarus Short ( 248042 ) on Sunday March 16, 2003 @01:53AM (#5522478) Homepage

      [$1] to the first person to forge an email and get someone taken off the network for something they didn't actually do.


      $2 if you make the victim the boss of the person responsible for the memo.
      • Re:$1 (Score:2, Funny)

        by djcapelis ( 587616 )
        $2 if you make the victim the boss of the person responsible for the memo. Oh come on! Go for the memo writer himself, and send the letter to his boss!
        • I'll see your DMCA and raise you a First Amendment. http://www.anti-dmca.org [anti-dmca.org]

          Thanks to the DMCA, the Patriot Act, the Ninth Circuit, the ACLU, the opponents of school vouchers, the flag burning bans, the Federal Hate Crime law and many, many others, the First Amendment has been slated to be repealed. It's become irrelevant.

          Same for the 2nd, 3rd, 4th, 5th, .... the whole Bill of Rights is a joke these days. No one bothers to consider the Bill of Rights any more.

          Political correctness, ho
          • The third ammendment seems to be holding up quite well. I don't know anyone who has had their home requisitioned by the US army recently.
            • Re:$1 (Score:3, Insightful)

              OK, you got me there.

              But when was the last significant invasion of American soil. 1812?

              So there's only 9 out of the first 10 that you can't find blatant violations of. It's still an abysmal record and Congress, the Supreme Court and the last 10 Presidents or so should be ashamed of that record.

            • Only because those who have, aren't talking about it.
      • Re:$1 (Score:3, Funny)

        by 91degrees ( 207121 )
        Do I get the $1 if I get an essential computer taken offline (e.g. University webserver)?
  • common (Score:4, Informative)

    by Anonymous Coward on Sunday March 16, 2003 @01:15AM (#5522371)
    I'm posting anonymously to avoid self-identification. But I go to a Big10 school where this has been policy for three years now. Network access is shut off, with no notification, and the student then has to clear his/herself with IT to get back online. Usually it takes the student a few days to figure out what's going on -- and then they have to jump through a bunch of hoops to get to the stage where they can even sign saying they fixed the problem.

    But, then, all MAC addresses are tied to a netid nowadays to prevent this lag time...
  • no biggie (Score:2, Informative)

    by Anonymous Coward
    this is how most schools do it anyways (at least for first time complaints).

    they turn off your network, you find your network not working, you call and find out what the deal is, they tell you, you fix the problem, you call and say so, they turn your netowrk back on.
  • heh (Score:2, Insightful)

    by Lshmael ( 603746 )
    I find it interesting that with the heavy-handed tone of the message, they still find it necessary to put at the end "Thank you for taking this notification seriously." Automatic assumption that the college students at U of Utah will either:

    a) ignore it.

    b) not believe it.

    In fact, the entire tone of the message has a kind of "you are not adults, you are children" type feel to it. By setting up a no-tolerance policy, the administration is sending the message that it does not trust its students.

    If I
  • by clambake ( 37702 ) on Sunday March 16, 2003 @01:57AM (#5522491) Homepage
    for (IPAddress i=UTAH_LOWEST_IP; i UTAH_HIGHEST_IP;i++) {

    sendMail("We found a DMCA violation on this IP:",i);

    }

    It's such a bad thing to make policies where descions are arbitratily made before evidence is collected.
  • by Anonymous Coward
    --I see these heinous potential fines and actual jail sentences for this 'crime'. OK, what is the opposite if someone is falsely accused, shut off, and gains a damaged reputation? Is it the same exact fine and potential jail time? Can the aggrieved student go over to the offending parties snooper hacker attack machine and pull their plug and make them sit for a few days until they "prove" they will play nice and not falsely accuse? Can any "student association" like the SAAMMJ* just accuse some RIAA group o
    • by Anonymous Coward
      In theory you're right, but in reality the RIAA most likely does have reliable information that the accused actually did illegally share files. The question is where we go from here: Does the filesharing stop? Is everyone going to be thankful for the university's foresight which protects the students from real legal problems? Are students going to see the RIAA as a well-meaning organization which protects the rights of starving artists? I doubt it. The problem that is going to be fixed is the identifiabilit
      • --I posted that last night anonymous so it would go in at 0, but now that I see it got bumped up it doesn't matter.

        You have a valid technical point, so do I. I actually have a lot of points.

        Current alleged copyright affronts are analogous in a way to ridiculously mandated 55 mph speed limits, that after a few years of MILLIONS of people simply ignoring them, all of those people lawbreakers technically, our society and laws changed back to something a bit saner. I don't see any differences between sharing
  • Now, if someone from the UofUtah does something I don't like, all I have to do as a "member of the software industry" (I wrote code), is to send a DMCA notice to the UofUtah requesting him down, and that's it! It's even legal (IANAL).

    No need to use WinNuke anymore...
  • This is Sick (Score:5, Informative)

    by Flamerule ( 467257 ) on Sunday March 16, 2003 @02:20AM (#5522555)
    I can see how the sentiment for something like this might develop in the university's administration, but this is fucked up.

    They'll shut down network access for a student automatically, at the first receipt of any DMCA complaint? No investigation, nothing? I'm sure groups like the Scientologists, whom /. has covered previously, will find this much to their liking. Some student has posted information on a school site that some group doesn't like? Send a DMCA complaint, and the school won't blink twice before taking that shit down.

    I'm sure the school thinks there will be a great deal of volume of complaints, much too many for it to deal fairly with each case, so it's better to just err on the side of caution and presume students are guilty from the get-go. Well, there will be a large volume of complaints, now that the school has completely dropped trow and spread cheeks.

    [RIAA guy]Hey, Valenti! And you, BSA whore! Point your complaint mills at the University of Utah! They don't even check 'em![/]

    We've all heard about crap like complaints from the MPAA (under penalty of perjury!) about someone sharing sharing Harry Potter files, only to find they're actually Harry Potter book reports. Yes, I'm sure the amount of legitimate stuff is swamped by the illegal copyright infringement, but that's no excuse for an institution with as important a role as a university to bend over like this.

    • Re:This is Sick (Score:2, Informative)

      by leviramsey ( 248057 )

      The thing is the DMCA basically requires that; if they fail to shut down at the first complaint, then they're considered to be as guilty of any infringement that occurs as the party that actually infringes.

      • Re:This is Sick (Score:2, Interesting)

        by Anonymous Coward
        Well, there is *some* flexibility in the law. The material has to be taken down "expeditiously". At my university, we notify the computer owner and give them a chance to respond before shutting them off. Most of the time they don't even know they're sharing files - when they find out, they delete them and that's that. No interruption of service necessary.

        One thing that sucks about this guilty-until-proven-innocent law (from a reluctant enforcer's perspective) is that an overwhelming majority of the tim
    • Why would a student need to have an anti-Scientology page? Shouldn't the student be, uh learning?
    • I suspect this policy might be revisited if the university received huge numbers of distinct-looking complaints for most or all of the systems on their network, and consequently shut off all internet access for the whole school (effectively). On a wider scale, if every institution that implemented such a blanket policy then had to disable access for all users within a few days, it might have the effect of being a P2P clue-distribution mechanism, thereby generating a popular groundswell of support among PHB
  • by mhesseltine ( 541806 ) on Sunday March 16, 2003 @03:25AM (#5522733) Homepage Journal

    Say of the school admin, Dean's office, etc. and send packets on a port commonly used by P2P?

    Also, is there a reward for turning someone in on this violation? Sounds like a money maker for some poor geek who happens to be able to fake traffic.

    • If you're on campus, you don't have to spoof. Trust me on this one. The administration is filled with morons, and the networking staff at various departments are so incompetant that anyone at the level of pre-script-kiddie or greater can run wild without getting caught.

      The University of Utah is a fucking joke. This DCMA warning can be laughed away, just like every other fatwa that is uttered blindly by the usual people.

      And yes, you do get a reward for turning people in... if you're at the UofU at least.

  • by n1ywb ( 555767 ) on Sunday March 16, 2003 @10:05AM (#5523360) Homepage Journal
    At my school, Vermont Tech, the Computer Club's student run server was recently shut off for "file shareing activities".

    Our IT department noticed that our machine was originating a very large volume of outgoing traffic. They ran NMAP, and saw
    6346/tcp filtered gnutella
    and said "Oh, they're running Gnutella." They pulled our plug, without even bothering to try and contact the machine's administrator or the club's advisor first.

    This is not a joke, they really did.

    It turned out that someone was legitimately downloading a legitimate copy of the non-commercial QNX iso from our legitimate public FTP site.

    • Actually, this raises a good point. Why aren't rpm's distributed via P2P? Why don't blogs distribute stories this way?

      The problem with P2P networks is that they are mostly used for piracy. This is not a property of the protocol but of the people who have chosen to use the protocol.
      • Legal p2p (Score:3, Interesting)

        by moncyb ( 456490 )

        Well, there are some p2p systems which do the sort of things you mentioned. Most people don't know about them because off all the hype which says P2P is only for "free" movies and music--much of the hype is spread by the MPAA and RIAA themselves.

        Off the top of my head, The Circle [thecircle.org.au] had an IRC like chatting system, a group messaging system (kind of like Usenet, kind of not--could distribute blogs with it), and last time I checked, they were working on a system which works with apt-get to distribute Debian pa

  • the university I go to claims to have received several letters from the *AA (and yes, I dont even live in america, but presumably they have also had letters from the UK equivalents) not naming individuals, but just effectively telling the university to get their act together.

    In resposne to this, the university simply monitors the amount of outgoing traffic, and if this goes over an amount deemed 'excessive' (I'd guess somewhere around a gig over a day/week, possibly a little less) then they cut you off wit
  • by Anonymous Coward
    I thought that the DMCA allowed a counter-notification to be sent to restore service, and that ignoring a counter-notification was illegal. Is this university really willing to violate the DMCA by ignoring counter-notifications? If so, they are opening themselves up to some very large lawsuits under the DMCA.
  • I think the only things they pirate there are old Donny and Marie recordings and episodes of Battlestar Galactica.

  • Dear members of the board of directors for the University of Utah,

    As a member of the software industry, I would like to lodge a complaint against the backbone of your network for sending and receiving copyrighted materials. By reading this note, I order you to shut down your backbone to your network immediately to prevent further infringement of my copyright. Yes this will surely cause you some headache, but I'm sure the rest of the world won't miss you or your heavy-handed practices one bit.

    Your cooperat
  • This one has been brewing for a couple years now. I've recieved threats several time despite the fact that I don't waste my time with file swapping.

    All students were emailed about this, I'd post it, but it looks like someone else already took care of it.

  • Thanks to the persons mirrioring this!

    From the looks of things, they are complaining if you are serving illegal stuff. Again no one states anything about downloading the same material. Quote:

    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 t

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