University of Kansas Adopts 'One Strike' Copyright Infringement Policy 397
NewmanKU writes "Eric Bangeman at Ars Technica writes that the University of Kansas has adopted a new, and very strict, copyright infringement policy for the students on the residential network. The university's ResNet website states that, 'Violation of the Digital Millennium Copyright Act is against the law. If you are caught downloading copyrighted material, you will lose your ResNet privileges forever. No second notices, no excuses, no refunds. One violation and your ResNet internet access is gone for as long as you reside on campus.' According to a KU spokesperson, KU has received 345 notices in the past year from organizations and businesses regarding complaints about copyrighted material downloading."
Re:Due Process (Score:5, Insightful)
Cutting you off the campus net is an entirely private decision, no due process required by law.
Think of it like getting banned from a forum because the admin thinks you are a troll.
Baby Meet Bathwater (Score:5, Insightful)
TFA mentions that Stanford and other schools charge high "Reconnection" fees after they block your MAC for sharing files. Why don't they just do something like that and make a load of money?
"Zero-tolerance" is all about moralism, and rarely about correcting behavior, or "teaching" people anything. It'll have a good effect statistically, but the people who get their privileges pulled won't have their attitude changed, they'll just conclude the "RIAA-Nazis" blackmailed his school into screwing with his education.
It doesn't matter how true it is, rules must give the appearance of fairness in order to be respected.
sounds crap (Score:3, Insightful)
Wouldn't all/most of these innocent things violate the DMCA? wouldn't that be enough to get you royally screwed?
Re:Due Process (Score:5, Insightful)
Re:Lack of Caring (Score:5, Insightful)
Re:Lack of Caring (Score:1, Insightful)
Pulling authoritarian crap like this in a place where people are naturally rebelling against everything and anything is a good way to get egg on your face.
You know a better solution? Don't download copywritten material.
Re:Baby Meet Bathwater (Score:3, Insightful)
We aren't talking about violent robbery, we're talking about copyright infringement. You can't equate a crime against intellectual property with violence. People who copy Content without paying for it are pretty far down the ladder of malfeasance, and spending a little effort to correct them might be worth it, compared to a violent felon. Most states don't deprive someone of their freedom forever after one violent offense, they, as a matter of fact, often have a three-strikes policy (excepting violence that is heinous, murderous, or pre-meditated). People who commit violent crimes often don't plan too, and thus aren't afraid of the punishment.
I specifically tried to avoid addressing the merits of the "RIAA-Nazi blackmail" argument , but you seem to have read a conclusion into my statements that does not exist. FWIW, I doubt the school would have a zero-tolerance policy if not for the constant threat of lawsuits.
I am curious how this policy compares with their "Academic Integrity" (ie plagiarism) policy. Those generally are "one strike," though there is extensive student and faculty review and juridical proceedings before someone is expelled. I don't see any of that here.
You can't let "effectiveness" be the only metric. We could take every male between the age of 16 and 26 and keep them in prison, and it'd be EXTREMELY effective in reducing violent crime (something like 90%). Of course, such a solution punishes people who have no mens rea, who intend no ill to anyone or thing, and when you punish people who others can see are not guilty, the law suffers.
Re:Oh crap... (Score:5, Insightful)
Yep. In fact, as a signatory to the Berne Convention, in the US copyright exists in every work not explicitly released into the publci domain. Which makes it a particularly stupid thing to say. I mean it is fairly obvious that they mean "no unauthorised downloading of copyright material", but if they really plan to implement a "no excuses, no appeal" policy, you'd think they'd take the 30 seconds or so it needed to phrase the thing correctly.
Even then, it's still way OTT. Half the papers on Citeseer (for instance) are there in technical violation of the copyright of the journals where they were first published. The journals turn a blind eye, which is why the site can keep on, but I can see a lot of sudents getting banned, which considering how widely used citeseer is as an academic resource, is a but ridiculous.
I suppose the only other way they could implement the policy as expressed is to rely on the word "caught". That way, if they don't look for downloaders, they don't find them, and selective enforcement becomes the order of the day. I suppose it might be useful if the they forsee needing a pretext to silence unruly students.
Re:How will they know? (Score:3, Insightful)
Re:Lack of Caring (Score:5, Insightful)
We get riled up because of all the kneejerk reactions that create more problems than they solve. Sure, it might superficially seem ok, but the potential for abuse is so high, it's patently absurd.
Re:Due Process (Score:3, Insightful)
Re:Stop using that argument (Score:3, Insightful)
But that's immaterial, anyhow, as you have NO idea if the other person is doing it legally or not. I don't stop everyone I see on the street and verify that they are not an escaped criminal before I let them continue down the sidewalk, right? Even if that's not my duty, a police officer doesn't do that, either. Just because someone COULD be doing something illegal doesn't mean you should give a shit.
So tell me again why I shouldn't use the internet to replace that $50 game CD I lost? As a perfect example, I lost my Persona disc for PSX. On EBay, that disc goes for anywhere from $50 to $100. I think I only paid $40 originally, and I don't think I should have to pay that much to replace it. The company won't replace it, as the game is out of print. I'll be damned if I'll just suck it up and accept the loss. That's one of my favorite games of all time.
Re:Due Process (Score:2, Insightful)
Re:Baby Meet Bathwater (Score:5, Insightful)
Once you force someone into a corner, where the choice is "do something that you fear or die", they will choose to live, because they're more afraid of dying than of whatever you were going to do to them. In fact, the whole "overcoming fear" thing is how cave-men evolved into us. Oh, wait, you said Kansas
Reversed burden of proof? (Score:2, Insightful)
If you say you did the claimed things, you will get your access suspended and later sued by the copyright holder.
If you say you did not do the claimed things (if true or not), you will get your access back and later sued by the copyright holder nonetheless.
This provision is still open for a DOS on all the students. File reports on all of them, and the whole student body has their boxes disconnected for five days. Or stack it over a period of time to create "disconnection waves" for parts of the student. Keeps them frightend about who will not be able to work from their computer this week.
This is just stupid.
Re:Lack of Caring (Score:1, Insightful)
I'd like to see this take one step further: Being stupid in general should be a cause to have one's Slashdot account revoked forever.
So, for example: Someone that can't spell "privileges" and is too lazy to use a dictionary? Gone.
Or, calling someone else stupid, a moron or an idiot in a sentence replete with errors, such as this: "too stupid to make a valid poitn wouldnt"? Buh-bye, Bubba.
Hell, I figure we could weed out three-quarters of the Slashdot population in a short time, and probably very nearly all of those with UIDs over one million.
Re:Stop using that argument (Score:2, Insightful)
Just bite the bullet and accept that you lost your Persona disc and you can't get another one without paying for it. Then maybe next time you'll be a bit more careful with your possessions (or better yet, you'll simply realize that there are far more important things in life than material possessions).
Re:Due Process (Score:2, Insightful)
Re:Yeah, it's titled, Thou Shall Not STEAL !! (Score:3, Insightful)
Your money.
Okay, they didn't have your money yet, but you didn't have the music -- and you obviously want it, else you wouldn't have downloaded it.
So "your money" is a shorthand way of saying "A legitimate expectation that you would either buy from them or do without, which you have circumvented by illicit means that disregard a lawful copyright."
TFA is still f-cked up, though; if they're citing DMCA then 's/download/upload/' surely? Downloading is not a DMCA violation. Uploading might be.
Re:Due Process (Score:5, Insightful)
They clearly place the interests of their customers first and foremost.
I'm going to send that university a letter telling them I'm not hiring any of their graduates because of their asinine behavior.
Re:Due Process (Score:4, Insightful)
Seems like you're just adding to the pile of crap the students have to put up with.
Warning: Comment by Catholic Saint below. (Score:2, Insightful)
Quote care of St. Augustine.
"An unjust law is a human law that is not rooted in eternal law and natural law."
Quote care of St. Thomas Aquinas.
In short, I would say that KU will find either that this 'law' will be unenforceable, or that their supposed cure will be far worse than the supposed problem, causing the IT department to make the ultimate sanction available to them vis a vis ResNet on everyone who uses the web for anything whatsoever.
It aught to make for interesting watching for anyone that is not a student at KU.
Re:Due Process (Score:4, Insightful)
I didn't realize tuition was free.
No seriously, I wonder why copyright infringement was singled out. If you park illegally on campus, do they remove your parking privileges forever? If you take more than your fair share in the dorm cafeteria, can you no longer eat on campus?
Sounds just alleging copyright violations at KU carries one of the harshest penalties. I wonder if you don't properly attribute your sources in a paper if they break your fingers? Anyway, if I was on the internet at KU, I'd try to encrypt all my traffic. Some idiotic letter comes from an RIAA lawyer, and the next thing you know, you might as well leave school.
Re:Lack of Caring (Score:3, Insightful)
The extent to which students should be downloading pirate content on a university residential network would make for an interesting discussion. I'd love to have that discussion at some point.
This story has nothing to do with that question though. This story is 100% about due process and appropriate penalties. Even if we assume that students should be downloading zero pirate content, the school IT department shouldn't be interfering with the primary goals of the school (education and research) with an unreasonable zero tolerance policy. That's like expelling a student for stealing a whiteboard marker.