IT-i9001 - DMCA Consultations
Effective Date Apr 14, 2007
- In general, we do not make any decisions regarding the legitimacy of the takedown notice. If a student or staff member wants to dispute a DMCA notice, it must be done using a DMCA counter notice. However, counter notices will usually lead to a lawsuit from the copyright holder against the student or staff member.
- Resolution of DMCA takedown notices regarding faculty or staff may have severe consequences against the staff or faculty member. Resolution of these notice must be done with Human Resources. The Information Security Officer or Associate Director of Infrastructure will take responsibility for informing HR about the DMCA violation.
- If a student wishes to do a DMCA counter notice, the student will lose connectivity for 14 days prior to being re-enabled, as long as the copyright holder has not filed a lawsuit against the student. The proper format for a DMCA counter notice is described in the DMCA Policy. The DMCA counter notice needs to be delivered to Eric Kledzik as he is the registered agent for DMCA notices sent to FIT. Eric will inform the copyright holder that a counter notice has been received, but Eric will not divulge any identifying information about the student unless he receives a subpoena or court order.
- DMCA notices that arrive late for infractions prior to the most recent loss of network connectivity do not count against the individual. For example, if a student is disabled for sharing a file on 22 of February, and later receives a DMCA violation for sharing a file on the 20th of February, both violations together only counts as one offense.
- DMCA violations remain with a person during their entire stay at FIT.
- The RIAA lawsuits have generally been against users that are sharing out files. However, DMCA notices are often given out for the simple act of downloading a copyrighted material, even if the user does not distribute the work.
First Time Offenders
- First time student offenders may be counseled by any member of the Technology Support Services student staff, or any full-time staff member in Networks or Technology Support Services.
- First time offenders need to be informed that the next violation at any time while they are still using FIT network resources will result in loss of network connectivity for 3 business days following consultation, they need to stop sharing and downloading illegal materials (even if they down share out the files, DMCA notices are received for the act of simply downloading the files), and that these violations remain permanently on their network services record.
Second Time Offenders
- Second time student offenders must be counseled by either Associate Director of Infrastructure (Daniel Flores), Information Security Officer (Jennifer Charron), or Technology Support Manager (Mike Batson).
- The student's connection remains disabled fro three BUSINESS days following consultation
- The student needs to be informed that the next infraction at any time during their stay at FIT will result in loss of connectivity for a semester, or 4 months, whichever is longer, and the matter will be referred to the Dean of Students for disciplinary actions.
Third Time Offenders
- Third time student offenders must be counseled by either Daniel or Jennifer. If the student does not elect to do a DMCA counter notice, the student will be informed about the loss of network connectivity for one semester or 4 months, whichever is longer, and that the matter is being referred to the Dean of Students per official university policy. Daniel or Jennifer will then draft a letter to the Dean of Students describing the actions taken, citing the DMCA Policy, and attach all DMCA violations received against the student.
Fourth Time Offenders
- Fourth time student offenders must be counseled by either Daniel or Jennifer. If the student does not elect to do a DMCA counter notice, the student will be informed about the permanent loss of network connectivity, and that the matter is being referred to the Dean of Students per official university policy. Daniel or Jennifer will then draft a letter to the Dean of Students describing the actions taken, citing the DMCA Policy, and attach all DMCA violations received against the student.
Example First Time Offender Speech
"You have been disabled for a DMCA violation reported to us by (reporting agency or copyright holder) for downloading and or distributing copyrighted material. The DMCA stands for the Digital Millennium Copyright Act, which requires us to remove access to the material in question, and terminate accounts for repeat offenders. Since this is your first offense, we will go ahead and re-enable your access. However, if you receive another DMCA violation during your stay at Florida Tech, you will lose network access for 3 business days following consultation, and potential permanent loss of network connectivity and referral to the Dean of Students for disciplinary action for any future offenses. We highly recommend that you cease from downloading copyrighted materials illegally to prevent further penalties"