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HEOA Role Models

As specified by Congress and the Department of Education, colleges and universities have a great deal of flexibility in determining how they will comply with the HEOA. Compliance strategies will also change as technology and business models evolve and as experience accrues. There is thus no one-size-fits-all approach, now or in the future. Instead, EDUCAUSE has identified a range of campuses to serve as role models and case studies, whose choices can help inform peer institutions. We appreciate their willingness to act as leaders in this important work. For further information, contact policy@educause.edu.

  • Baylor University
  • Bowling Green State University
  • Columbus State University
  • Cornell University
  • Illinois State University
  • Pomona College
  • Purdue University
  • Reed College
  • South Texas College
  • Texas State University-San Marcos
  • Touro University Nevada
  • University of California, Los Angeles
  • University of Delaware
  • University of North Carolina at Chapel Hill
  • Other Campus HEOA Compliance Pages

Baylor University (Waco, Texas)

Contact: Jon Allen

Part 1: The plan to effectively combat copyright infringement

1-1. Link to relevant Web page(s)

1-2. What technology-based deterrent(s) have you decided to use?

Baylor University uses a BlueCoat PacketShaper device to manage bandwidth utilization on campus. The policy greatly limits the ability of peer to peer network function on campus. In addition by default all inbound ports to client computers on campus are blocked at the Internet firewall. This prevents computers from acting as servers or super nodes in peer to peer networks.

1-3. What mechanism(s) are you using to educate your community?

All students are given the opportunity to attend a session at orientation on current technology issues. This session addresses copyright infringement and other common policy violations that result through technology.

At the start of school year an email is sent to all currently enrolled students from the Office of Judicial Affairs. This email provides a number of notifications in compliance with federal and state regulations. Baylor includes in this annual notification a section on federal copyright law and the implications of copyright infringement utilizing campus technology resources. In addition during national cyber security awareness month we highlight the issues around file sharing and copyright infringement.

1-4. What procedures are you using for handling unauthorized distribution of copyrighted material (e.g., monitoring, sanctions, etc.)?

Upon receiving notification of copyright infringement through a takedown notice, Information Technology Services has a set procedure of enforcement. The infringing user is identified. First time offenders are disconnected from the network and sent a notification of infringement as well as a request to agree not to share copyright material on the network without proper permission. The user is afforded the opportunity to meet in person to discuss the takedown notice. The user may be disconnected up to two weeks. During the disconnection period students still have access to the network using lab and checkout workstations. Further infringement violations will be referred to the disciplinary procedure as defined under the Technology Usage Policy BU-PP-025. Baylor University’s Technology Usage Policy BU-PP-025 explicitly disallows the sharing of copyrighted material. This is clearly stated in item twelve of the policy:

12. Software and other materials that are protected by copyright, patent, trade secret, or another form of legal protection ("Protected Materials") may not be copied, altered, transmitted, or stored using Baylor-owned or operated technology systems, except as permitted by law or by the contract, license agreement, or express written consent of the owner of the Protected Materials. The use of software on a local area network or on multiple computers must be in accordance with the software license agreement.

1-5. How are you periodically reviewing the plan? What criteria are you using to determine if it is effectively combating copyright infringement?

Annually the registered DMCA Officer and General Counsel meet to review the effectiveness of the copyright plan. Overall campus awareness, technology changes and frequency of takedown notices are all taken into account. If the metrics suggest that modification to the plan is needed a recommendation is made for review by ITS and other affected parties.

Part 2: Offering Alternatives

2-1. Link to relevant Web page(s)

2-2. Are you carrying out your own survey of alternatives or linking to one or more lists maintained by others? If the latter, which list(s)?

We have been maintaining our list. Baylor University monitors a variety of resources and occasionally reviews the listing to make sure it remains accurate and current.

2-3. Have you made any special arrangements with one or more content providers to obtain content through legal methods?

The libraries at Baylor University license a range of copyrighted musical material for student, faculty and staff usage. The following site contains an overview of the licensed materials: Licensed Copyright Media.

Part 3: Informing the Community

3-1. Link to relevant Web page(s)

3-2. Have you developed your own statement regarding copyright and copyright law in general or are you linking to such statement(s) maintained by others? If the latter, which statement(s)?

The policy was created with a cross section of faculty, staff, students and administrative oversight and approval.


Bowling Green State University (Bowling Green, Ohio)

Contact: Matt Haschak

Part 1: The plan to effectively combat copyright infringement

1-1. Link to relevant Web page(s)

1-2. What technology-based deterrent(s) have you decided to use?

Currently, BGSU is using Procera Networks packet shaping technology and an Audible Magic CopySense appliance.

1-3. What mechanism(s) are you using to educate your community?

BGSU views the safeguards that are in place as a layered approach to communication regarding copyrighted content, including:

  • Recurring presentations such as “What Do You Mean I’m Sharing Music” as part of the First Year Success series sessions
  • Presentations on request from classes or student organizations
  • Content on the BGSU website educating the students
  • Links to external sites that provide information on P2P and copyright
  • Links to available legal alternatives
  • The use of Audible Magic in the technical safeguards layer further incorporates “teachable” moments via the levels of escalation for those determined to be using P2P software to obtain illegal copyright material or when using an evasive P2P client.

1-4. What procedures are you using for handling unauthorized distribution of copyrighted material (e.g., monitoring, sanctions, etc.)?

  • BGSU employs Procera's Packetlogic bandwidth management solution to deter the usage of illegal P2P by comprehensively controlling both incoming and outbound services such as BitTorrent, Limewire and Gnutella. This policy enforcement tool significantly reduces the number of DMCA take-down notices.
  • BGSU incorporates an escalation process for those determined to be using P2P software to obtain illegal copyright materials or using an evasive P2P client via the Audible Magic CopySense appliance. The levels of escalation or sanctioning are outlined on the web at: http://www.bgsu.edu/infosec/preventtechsafeguards.html. The Digital Copyright Safeguards program involves both the Information Technology Security Office and the Office of Student Affairs.
  • If the educational and technical efforts are not effective, and the University is contacted with a “Notice of Claimed Infringement” by a copyright holder, then the Office of Student Affairs will send a warning letter to the student informing them of this fact. Repeat offenders will be charged through the student judicial process for violating University policy. Information on the letter and process can be found here: http://www.bgsu.edu/infosec/dmcanotices.html.

1-5. How are you periodically reviewing the plan? What criteria are you using to determine if it is effectively combating copyright infringement?

The current approach and plan are reviewed each semester. A combination of statistics received from a review of the Audible Magic data along with tracking the number of DMCA cease and desist notices received are criteria used in evaluating the effectiveness of the current plan.

Part 2: Offering Alternatives

2-1. Link to relevant Web page(s)

2-2. Are you carrying out your own survey of alternatives or linking to one or more lists maintained by others? If the latter, which list(s)?

BGSU is linking to the EDUCAUSE provided listing of Legal Downloading resources.

2-3. Have you made any special arrangements with one or more content providers to obtain content through legal methods?

BGSU has not made any special arrangements of this type.

Part 3: Informing the Community

3-1. Link to relevant Web page(s)

3-2. Have you developed your own statement regarding copyright and copyright law in general or are you linking to such statement(s) maintained by others? If the latter, which statement(s)?


Columbus State University (Columbus, Georgia)

Contact: Dee Spivey

Part 1: The plan to effectively combat copyright infringement

1-1. Link to relevant Web page(s)

1-2. What technology-based deterrent(s) have you decided to use?

We are using our firewall's application content filtering capabilities to block peer-to-peer application activity. We are also using bandwidth shaping to throttle general HTTP traffic.

1-3. What mechanism(s) are you using to educate your community?

Beginning of each semester sending “Information Security Tip of the Week” e-mail to all students, faculty and staff with information and URL. Scheduling speaking engagements to “Freshman Experience” courses. Have included in Student Handbook beginning in 2011.

1-4. What procedures are you using for handling unauthorized distribution of copyrighted material (e.g., monitoring, sanctions, etc.)?

Investigate instances that we discover either by USG abuse tickets, DMCA notices, through network traffic discovery (high bandwidth) or student’s network storage drive (music/movie files) discovery. Notification of students by Resnet department via e-mail of infraction and the incident will be turned over to the Dean of Students Office for a judgment hearing.

1-5. How are you periodically reviewing the plan? What criteria are you using to determine if it is effectively combating copyright infringement?

By monitoring the amount of USG copyright infringement abuse tickets, DMCA notices received and internal incidents. Student feedback from information security communications.

Part 2: Offering Alternatives

2-1. Link to relevant Web page(s)

2-2. Are you carrying out your own survey of alternatives or linking to one or more lists maintained by others? If the latter, which list(s)?

See above.

2-3. Have you made any special arrangements with one or more content providers to obtain content through legal methods?

No; using the alternatives provided.

Part 3: Informing the Community

3-1. Link to relevant Web page(s)

3-2. Have you developed your own statement regarding copyright and copyright law in general or are you linking to such statement(s) maintained by others? If the latter, which statement(s)?

From CSU Student Handbook IV. Student Responsibilities Section A. Academic Misconduct

13. Computer Violations: Students will adhere to the Georgia Computer Systems Protection Act and all Federal laws and regulations with respect to criminal liability and penalties for the crimes of computer theft, trespass, invasion of privacy, forgery, copyright infringements, illegal downloads and password disclosure. In addition, using another person’s account, unauthorized copying of software, and tampering with/destruction of equipment is prohibited.

Also reference the U.S. Copyright Office.


Cornell University (Ithaca, New York)

Contact: Tracy Mitrano, 607-254-3584

Part 1: The plan to effectively combat copyright infringement

1-1. Link to relevant Web page(s)

Cornell University Copyright Site

1-2. What technology-based deterrent(s) have you decided to use?

As a part of its compliance with federal copyright law, Cornell University deploys a procedure to respond to bona fide notices of copyright violation by copyright holders. This procedure operates as follows:

  1. The Digital Millennium Copyright Agent for the university requests that the Network Operations Center block the Internet Protocol (IP) address alleged by the notice to be in violation of federal law and provide the agent with the identity of the user or party responsible for the computer (responsible party).
  2. The agent then notifies the user or responsible party of the notice (via an electronic process) and requests a cease and desist statement. The user must click on a button that acknowledges receipt and understanding of the message in order to regain network access. Review of the Copyright Education Course is encouraged but optional for first time offences.
  3. Second consecutive offenses require viewing (and payment of $35.00 service fee) of the Copyright Education Course and referral to the Office of Judicial Administration.
  4. Third consecutive offenses are referred to the Office of Judicial Administration. If there are no extenuating circumstances, third offense usually trigger suspension of user's access to the Cornell University network.

1-3. What mechanism(s) are you using to educate your community?

1-4. What procedures are you using for handling unauthorized distribution of copyrighted material (e.g., monitoring, sanctions, etc.)?

Procedure Pertaining to Notifications of Copyright Violation on the Cornell University Network

1-5. How are you periodically reviewing the plan? What criteria are you using to determine if it is effectively combating copyright infringement?

Legal counsel manages this aspect of compliance. They have called for a comprehensive report and annual meetings to review findings.

Part 2: Offering Alternatives

2-1. Link to relevant Web page(s)

Cornell University Legal Sources for Online Music and Videos

2-2. Are you carrying out your own survey of alternatives or linking to one or more lists maintained by others? If the latter, which list(s)?

Although originally borrowed from Yale, we have built and will maintain our own list.

2-3. Have you made any special arrangements with one or more content providers to obtain content through legal methods?

Historically, but not currently. Keeping an eye on http://www.noankmedia.com/.

Part 3: Informing the Community

3-1. Link to relevant Web page(s)

Cornell University's Copyright Site includes copyright references and links to copyright issues in education.

3-2. Have you developed your own statement regarding copyright and copyright law in general or are you linking to such statement(s) maintained by others? If the latter, which statement(s)?

Cornell University complies with all U.S. copyright laws.


Illinois State University (Normal, Illinois)

Contact: Mark Walbert

Part 1: The plan to effectively combat copyright infringement

1-1. Link to relevant Web page(s)

1-2. What technology-based deterrent(s) have you decided to use?

We have always used Packeteer to shape bandwidth. In 2007 we created a special class for P2P apps and give that class limited bandwidth.

Now we leverage our Tipping Point intrusion prevention systems (IPS) to block P2P application use for both in-bound and out-bound traffic going to and from the residence halls and wireless access points across campus.

We do not block P2P use on faculty or staff computers.

1-3. What mechanism(s) are you using to educate your community?

  • Freshmen Information Nights (Feb - Mar): Event for students (and their parents) who are applying to Illinois State. Handout from the TechZone (our computer store) reminds students that the University requires them to adhere to copyright laws.
  • Preview (Jun - Jul): Admitted students and their parents visit campus in early summer. While here they attend a lecture on IT that includes mention that the University requires them to adhere to copyright laws and, as a result, initially blocks the use of P2P software in the residence halls and on campus wireless networks.
  • Passages (Aug): First weekend on campus new students are given a one hour introduction to IT on campus that includes notice that the University requires them to adhere to copyright laws and of the many legal ways to obtain media.
  • Move-in Weekend (Aug): As part of initial connection to University network in residence halls, all students go through a security/educational process which includes notice that P2P is blocked. Specific instructions are given as to how this can be lifted.
  • Cyber Security Awareness Month (Oct): One of the four weeks is focused on the importance of adhering to copyright laws and includes advertisements, email blasts, and an online tutorial/quiz with prizes.

1-4. What procedures are you using for handling unauthorized distribution of copyrighted material (e.g., monitoring, sanctions, etc.)?

We allow students claiming a non-infringing use of P2P software to apply for permission to use the software unimpeded. We do not check on the veracity of the claim, but do let the student know the consequences of being on the receiving end of a DMCA complaint tied to the use of P2P software.

When a DMCA complaint is received in this environment, staff manually trace the source computer behind the IP address and the individual assigned to that computer’s MAC address. If a valid link is found, the student's P2P permission will be temporarily revoked and this information is given to the Student Affairs' Office of Community Rights and Responsibilities (our student judicial office) to create a new case file. Judicial staff handle all communications and potential disciplinary actions based on their procedures and the University code of conduct. IT staff serve as a resource to the judicial office and follow any directions for re-establishing the P2P permission. It is common for judicial staff to utilize in-person visits, research papers, and extended P2P bans.

Cases in non-residential networks are handled by IT staff in conjunction with the Federal Copyright officer, Appropriate Use Coordinator, and CTO who seek out College/Departmental staff as appropriate.

1-5. How are you periodically reviewing the plan? What criteria are you using to determine if it is effectively combating copyright infringement?

At the end of each academic year (or over the summer) we review the level of DMCA complaints received, the level of student complaints received about P2P blocking. To date, both lists are short.

Part 2: Offering Alternatives

2-1. Link to relevant Web page(s)

2-2. Are you carrying out your own survey of alternatives or linking to one or more lists maintained by others? If the latter, which list(s)?

ISU students continuously suggest additions to the list of legal alternatives found on the BirdTrax website.

2-3. Have you made any special arrangements with one or more content providers to obtain content through legal methods?

No.

Part 3: Informing the Community

3-1. Link to relevant Web page(s)

3-2. Have you developed your own statement regarding copyright and copyright law in general or are you linking to such statement(s) maintained by others? If the latter, which statement(s)?

No.


Pomona College(Claremont, California)

Contact: Ken Pflueger

Part 1: The plan to effectively combat copyright infringement

1-1. Link to relevant Web page(s)

Pomona College Copyrighted Material and File Sharing

1-2. What technology-based deterrent(s) have you decided to use?

Presently, we are using controls that are part of our Aruba network infrastructure. In addition to those tools, in the summer of 2010 we will be implanting the use of NetEqualizer.

1-3. What mechanism(s) are you using to educate your community?

In addition to creating a website and having a quick link to that site on the main page of the IT website, information about file sharing with a reference to this website is sent to all new students. This information is also included in the Student Handbook. Also an e-mail message is sent under the signatures of the Dean of Students and the CIO at the start of each semester that speaks specifically to the issue of copyright and filesharing and reminds students to refer to the College's file sharing resource website as well as the College's copyright policy website.

1-4. What procedures are you using for handling unauthorized distribution of copyrighted material (e.g., monitoring, sanctions, etc.)?

The College's policy detailing the steps to be followed in responding to DMCA notices speaks to this matter and this policy is published in the Student Handbook. Essentially, an initial notice of unauthorized file sharing triggers a contact from Information Technology Services (ITS) with the alleged offender asking the individual to remove the offending material. A second (and any subsequent notices) trigger an immediate take down and the matter is referred to the Dean of Students Office for action and the violation is handled within the guidelines of the College's Student Judiciary Board processes.

1-5. How are you periodically reviewing the plan? What criteria are you using to determine if it is effectively combating copyright infringement?

The policy and procedure are reviewed annually by the CIO and the Dean of Students Office in June and revised as necessary to remain in compliance. Based on the monitoring data that ITS collects relative to network traffic as well as the volume of DMCA notices received, the review will assess the overall effectiveness of the College's policy and procedures to promote the legal use of copyrighted materials. Any changes to the policy and/or procedures as a result of the review will take effect at the commencement of the following academic year.

Part 2: Offering Alternatives

2-1. Link to relevant Web page(s)

Pomona College Legal Media Downloads

2-2. Are you carrying out your own survey of alternatives or linking to one or more lists maintained by others? If the latter, which list(s)?

Currently we are maintaining our own resource site. We continue to monitor lists that are maintained by others as part of that process and hope to eventually find one or more that we could link to since keeping this up-to-date is a challenge.

2-3. Have you made any special arrangements with one or more content providers to obtain content through legal methods?

At this time the College has no special arrangements with one or more content providers to obtain content through legal methods. The College's position is that the College is not in the business of brokering such services.

Part 3: Informing the Community

3-1. Link to relevant Web page(s)

3-2. Have you developed your own statement regarding copyright and copyright law in general or are you linking to such statement(s) maintained by others? If the latter, which statement(s)?

The policy is one that was jointly created and adopted by the seven schools in the Claremont University Consortium, see link under 3-1.


Purdue University (West Lafayette, Indiana)

Contact: Joanna Lyn Grama

Part 1: The plan to effectively combat copyright infringement

1-1. Link to relevant Web page(s)

All of Purdue’s information regarding copyrighted materials and the Higher Education Opportunity Act is maintained at: http://www.purdue.edu/securepurdue/copyright.cfm

1-2. What technology-based deterrent(s) have you decided to use?

Bandwidth limitations are placed on users living in University Housing using our ResNet service. Users are limited to 5GB (5120 MB) inbound and 5GB (5120 MB) outbound for any given 24 hour period. The current ResNet Acceptable Use Policy is available at: http://www.itap.purdue.edu/security/files/documents/ResNetAUP2006.pdf.

1-3. What mechanism(s) are you using to educate your community?

For many years, we have used a layered approach to educating the Purdue community about copyright infringement. Our educational materials include:

  • Whenever a user logs into University IT resources, he or she must affirmatively agree to proper use of the equipment in accordance with University policies. Those policies require users to respect the intellectual property rights of others and refrain from copyright infringement.
  • A permanent copyrighted materials notice posted on the University’s SecurePurdue website, and is available at: http://www.purdue.edu/securepurdue/copyright.cfm.
  • Our Housing and Food Services group prepared an illegal downloading video (Amber video) posted on SecurePurdue webpage. It is also available at: http://www.housing.purdue.edu/assets/video/recordingindustry/recordingindustry.htm.
  • University Copyright Office, “A Guide to Copyright, Issues in Higher Education” brochure, provides a section on “Copyright in Cyberspace.”
  • Anti-piracy bookmarks are distributed each year to incoming students during new student orientation.
  • Television ads warning students against copyright infringement are featured regularly on Purdue BoilerTV.
  • Anti-piracy posters are distributed to Residence Halls. They talk about file sharing, downloading, etc. They are available on the ResNet Web site at: http://www.itap.purdue.edu/resnet/support/posterArchive.cfm.

In addition, Purdue has a long history of educating its students and community members about copyright infringement.

1-4. What procedures are you using for handling unauthorized distribution of copyrighted material (e.g., monitoring, sanctions, etc.)?

Students are responsible for observing the policies, rules, and regulations of Purdue University. Failure to show respect for duly established laws or University regulations will be handled by the Office of Student Rights and Responsibilities in conformance with the various policies and regulations. University Regulations, Part 5--Student Conduct, Section V.I. addresses the Use of Copyright Materials.

Students who have alleged to have violated University Regulations will meet with a representative from the Office of the Dean of Students to determine if the violation has occurred. Students who are found to be in violation of these regulations are subject to disciplinary action, ranging from a warning to a probationary status with the University. In egregious cases, students may be subject to loss of computing privileges and removal from school. Students may also be asked to meet with a staff member from the University Copyright Office to become better educated on their rights and responsibilities under U.S. Copyright Law.

1-5. How are you periodically reviewing the plan? What criteria are you using to determine if it is effectively combating copyright infringement?

The Director of the University Copyright Office, the University Chief Information Security Officer, the Director of Information Security Services, and the Director of Information Security Policy and Compliance discuss Purdue’s plan to combat copyright infringement regularly. This group reviews ongoing educational efforts, level of copyright complaints, and University policies and procedures to ensure that the University is successfully meeting its obligations to combat copyright infringement.

Part 2: Offering Alternatives

2-1. Link to relevant Web page(s)

All of Purdue’s information regarding copyrighted materials and the Higher Education Opportunity Act is maintained at: http://www.purdue.edu/securepurdue/copyright.cfm.

The specific link for “Legal Alternatives for Online Music and Media” is: http://www.purdue.edu/securepurdue/legalAlternatives.cfm.

2-2. Are you carrying out your own survey of alternatives or linking to one or more lists maintained by others? If the latter, which list(s)?

Our practice is to reference lists maintained by others. We reference and link to the following resources:

We also reference external information on how to disable peer-to-peer services.

2-3. Have you made any special arrangements with one or more content providers to obtain content through legal methods?

No, we have not made any special arrangements in this manner.

Part 3: Informing the Community

3-1. Link to relevant Web page(s)

All of Purdue’s information regarding copyrighted materials and the Higher Education Opportunity Act is maintained at: http://www.purdue.edu/securepurdue/copyright.cfm

In addition, we use the communication mechanisms discussed above, in 1-3, to inform our community about copyright law.

3-2. Have you developed your own statement regarding copyright and copyright law in general or are you linking to such statement(s) maintained by others? If the latter, which statement(s)?

All of Purdue’s information regarding copyrighted materials and the Higher Education Opportunity Act is maintained at: http://www.purdue.edu/securepurdue/copyright.cfm. This page includes information and/or links to information on copyright law generally, how to report alleged copyright infringement, the University Copyright Office, Campus Copyright policies, and FAQ pages.


Reed College (Portland, Oregon)

Contact: Martin Ringle

Part 1: The plan to effectively combat copyright infringement

1-1. Link to relevant Web page(s)

1-2. What technology-based deterrent(s) have you decided to use?

Reed currently deploys a NetEqualizer to shape bandwidth. We also have the ability to limit the number of simultaneous traffic flows from our residence hall and wireless networks. When we discover a system using excessive bandwidth, we contact the owner to ensure that the bandwidth consumption is for legal purposes and that the user is aware of the College's policies concerning illegal file sharing.

The College responds to all Digital Millennium Copyright Act notices according to policies published on our website.

1-3. What mechanism(s) are you using to educate your community?

Consistent with our educational principles, we view education as the most important element in combating illegal sharing of copyrighted materials at Reed. We use a wide variety of methods to inform our community about the law and Reed’s response to copyright infringement claims:

  • In order to use college computing resources, all members of the Reed Community endorse a Computer User Agreement that includes a section on copyright compliance.
  • All entering students are required to take an educational copyright quiz in order to activate their Reed computer accounts. The process includes feedback on wrong answers.
  • Stories are placed in the school newspaper and posters are mounted in student computer labs and elsewhere to discourage illegal file sharing.
  • Each year, students and faculty receive a Technology Survival Guide (TSG) that highlights copyright concerns and points to further information on our website and other websites. In addition, the faculty TSG describes legal ways to use materials in teaching.
  • Each fall we send an e-mail to all students regarding illegal distribution of copyrighted materials.
  • Computing support staff, including student Help Desk workers, are regularly trained on the College position with respect to copyright issues. Student workers provide an important channel for communicating with the student community.
  • The computing staff periodically briefs members of the Student Senate about copyright, illegal file sharing, and related issues.
  • Reed’s policies and procedures concerning the Digital Millennium Copyright Act and our response to infringement claims are published on Reed’s website.
  • Periodically, all College employees receive e-mail from the President or other officers regarding copyright infringement and related issues.

1-4. What procedures are you using for handling unauthorized distribution of copyrighted material (e.g., monitoring, sanctions, etc.)?

The College’s policy detailing the steps to be followed in responding to Digital Millennium Copyright Act notices are detailed at: http://www.reed.edu/CIS/policies/dmca_response.html.

1-5. How are you periodically reviewing the plan? What criteria are you using to determine if it is effectively combating copyright infringement?

Beginning in 2012-13 and periodically thereafter, we will survey community members to assess the extent to which our anti-piracy messages are reaching them, the extent to which community members are taking advantage of legal alternatives, the impact of our technical efforts to combat illegal file sharing, and other aspects of our plans to combat the unauthorized distribution of copyrighted materials.

Part 2: Offering Alternatives

2-1. Link to relevant Web page(s)

Reed College Legal Online Sources for Copyrighted Materials

2-2. Are you carrying out your own survey of alternatives or linking to one or more lists maintained by others? If the latter, which list(s)?

The College links to the following lists:

2-3. Have you made any special arrangements with one or more content providers to obtain content through legal methods?

No.

Part 3: Informing the Community

3-1. Link to relevant Web page(s)

Reed College Copyright Law website (What you need to know about sharing music, movies, and more...)

3-2. Have you developed your own statement regarding copyright and copyright law in general or are you linking to such statement(s) maintained by others? If the latter, which statement(s)?

The college has developed its own statement. The statement includes links to online resources concerning copyright and copyright law including:


South Texas College (McAllen, Texas)

Contact: Steven Bourdon

Part 1: The plan to effectively combat copyright infringement

1-1. Link to relevant Web page(s)

We are updating our web content over the summer to improve navigation and awareness.

1-2. What technology-based deterrent(s) have you decided to use?

STC currently employs an Audible Magic CopySense appliance as well as NetEqualizer.

1-3. What mechanism(s) are you using to educate your community?

For faculty and staff we provide general awareness presentations at department and division meetings as well as college-wide Professional Development Day held twice yearly. Copyright infringement is a component of these presentations.

For students we are developing copyright infringement content to include in our mandatory general online orientation for all new students. This is anticipated to start fall 2010. Additionally, a copyright infringement notice will be e-mailed to all students at the start of each school year, starting fall 2010.

1-4. What procedures are you using for handling unauthorized distribution of copyrighted material (e.g., monitoring, sanctions, etc.)?

Firstly, we carry out our notice and takedown requirements upon receipt of DMCA notices. Secondly, our CopySense appliance, upon detecting likely copyright-protected content being downloaded or uploaded through P2P, provides what the vendor calls a “teachable moment”. The appliance re-directs the offending user’s web browser to a page informing them of our Acceptable Use Guidelines. CopySense can be set to establish sanction levels such as suspending or disabling user access based on a points system. We are still tweaking CopySense in monitor-only mode and anticipate going live with it fully-functional in the fall.

1-5. How are you periodically reviewing the plan? What criteria are you using to determine if it is effectively combating copyright infringement?

We intend to review our plan annually through our Technology Council to assess effectiveness and consider improvements. Once fully operational in the fall of 2010, we plan to leverage the reporting features of the CopySense appliance to measure the frequency of user “teachable moments” as an indicator of effectiveness.

Part 2: Offering Alternatives

2-1. Link to relevant Web page(s)

STC Free Sources

2-2. Are you carrying out your own survey of alternatives or linking to one or more lists maintained by others? If the latter, which list(s)?

We have included the list maintained by EDUCAUSE on our free sources web page since it is quite extensive.

2-3. Have you made any special arrangements with one or more content providers to obtain content through legal methods?

No.

Part 3: Informing the Community

3-1. Link to relevant Web page(s)

Copyright at STC (We plan to improve navigation of our copyright content over the summer.)

3-2. Have you developed your own statement regarding copyright and copyright law in general or are you linking to such statement(s) maintained by others? If the latter, which statement(s)?

We are currently consolidating our digital and print copyright web content to improve accessibility and better educate all members of the college community. It will be through our library’s web presence since they are the largest conduit of users (faculty, staff, students, guests).


Texas State University-San Marcos (San Marcos, Texas)

Contact: Don Volz, 512-245-9650

Part 1: The plan to effectively combat copyright infringement

1-1. Link to relevant Web page(s)

1-2. What technology-based deterrent(s) have you decided to use?

The university’s appropriate use policy prohibits the use of Texas State’s information resources, including its network, to engage in copyright infringing activity. Texas State uses a two-pronged approach to encourage compliance with this policy.

First, Texas State configures its Intrusion Prevention System (IPS) to block and/or otherwise disrupt transmissions employing P2P networks and protocols used almost exclusively for illegal file sharing (e.g., Gnutella, Ares, eDonkey, etc.). Exceptions can be made with sufficient and appropriate justification.

Second, the university quickly responds to legitimate and properly formed notices of copyright infringement. Upon receipt of such a notice, the university reviews its network activity records to independently validate the notice’s legitimacy. If the notice appears valid, the university suspends the offending computer’s network access until the infringing material is removed or justification for a counter notice is provided. First offenders regain network access once proof of removal is provided and an acknowledgement is signed. Repeat offenders are referred to the Dean of Students for additional sanctions, up to and including expulsion from the university.

The university also notifies the sender of the notice that a) appropriate removal actions have been taken, or b) the allegation could not be validated through network activity records. The university does not provide any user-identifying information to the sender of the notice unless the notice is accompanied or followed by a lawfully issued subpoena. Likewise, the university does not forward a copy of the takedown notice itself to the alleged infringer.

1-3. What mechanism(s) are you using to educate your community?

Texas State’s deterrence plan includes the following educational objective and strategies:

Educational Objective: Develop and implement proactive outreach and educational programs that increase student, faculty, and staff knowledge and awareness of copyright protections and the penalties attendant to infringement of those copyrights.

Strategy 1: Provide a Notice to Students every semester via email that outlines federal law, university policy, campus practices, and the potential internal and external sanctions applicable to copyright infringement, including unauthorized P2P file sharing via the campus network.

Strategy 2: Forward the Notice to Students to members of the Texas State Parents Association via that organization’s email mailing list.

Strategy 3: Develop and distribute curricula materials on Copyright Infringement and P2P File Sharing for use by instructors in Freshman Seminar.

Strategy 4: Prominently include copyright infringement and P2P file sharing presentations and/or materials in IT Security’s annual observation of Cyber Security Awareness Month.

Strategy 5: Post the Notice to Students and other educational materials on the IT Security web site and keep the site content up-to-date.

Strategy 6: To the extent practicable, include a discussion of copyright infringement and the risks of P2P file sharing as a component of every security/privacy related presentation provided by IT Security, including New Student Orientation, Parents Orientation, New Employee Orientation, and semesterly training workshops offered to the campus community.

Strategy 7: Seek out and utilize off-campus opportunities, such as those available through K-12 institutions and civic organizations, to speak on the risks associated with P2P file sharing.

Strategy 8: In consultation with the Vice President for Information Technology, develop and publicize a comprehensive list of legal sources of copyrighted music and video materials, sources suitable for use as alternatives to illegal file sharing.

1-4. What procedures are you using for handling unauthorized distribution of copyrighted material (e.g., monitoring, sanctions, etc.)?

When Texas State receives a notice alleging an unauthorized distribution of copyrighted material, it reviews its network activity records to independently validate the legitimacy of the notice. If the notice appears valid, the university suspends the offending computer’s network access until the infringing material is removed or justification for a counter notice is provided. First offenders regain network access once proof of removal is provided and an acknowledgement is signed. Repeat offenders are referred to the Dean of Students for additional sanctions, up to and including expulsion from the university.

The university also notifies the sender of the notice that a) appropriate removal actions have been taken, or b) the allegation could not be validated through network activity records. The university does not provide any user identifying information to the sender of the notice unless the notice is accompanied or followed by a lawfully issued subpoena. Likewise, the university does not forward a copy of the takedown notice itself to the alleged infringer.

1-5. How are you periodically reviewing the plan? What criteria are you using to determine if it is effectively combating copyright infringement?

Each January, the university looks at the total of all infringement notices and reports received for the prior year. If the total number of infringement notices and reports for the preceding calendar year is less than thirty-six (or an average of 3 per month), the deterrence plan is considered to be effective in combating copyright infringement. Countable infringement notices and reports include those validated as accurate by the university and resulting in university action to force removal of the infringing material and/or an end to its unauthorized distribution. Countable infringement notices and reports may come from any of the following sources:

  • DMCA notices received from content owners or their representatives,
  • open P2P shares discovered through proactive, internal network scans, and
  • verifiable reports from other reputable sources.

Part 2: Offering Alternatives

2-1. Link to relevant Web page(s)

Texas State’s advice for Legal Options for Enjoying Digital Music and Video

2-2. Are you carrying out your own survey of alternatives or linking to one or more lists maintained by others? If the latter, which list(s)?

Texas State formerly maintained its own list, but adopted the EDUCAUSE list once it became available because of its more extensive content.

2-3. Have you made any special arrangements with one or more content providers to obtain content through legal methods?

No. Texas State students do not support spending their technology fees in this manner.

Part 3: Informing the Community

3-1. Link to relevant Web page(s)

Texas State University-San Marcos Digital Copyright, P2P, and File Sharing website

3-2. Have you developed your own statement regarding copyright and copyright law in general or are you linking to such statement(s) maintained by others? If the latter, which statement(s)?

The university’s Digital Copyright, P2P, and File Sharing website contains links to a number of Texas State policy and procedure statements that provide guidance with respect to copyright and intellectual property law.


Touro University Nevada (Henderson, Nevada)

Contact: Terence Ma, PhD, Chief Information Officer

Part 1: The plan to effectively combat copyright infringement

1-1. Link to relevant Web page(s)

1-2. What technology-based deterrent(s) have you decided to use?

Touro University Nevada uses a number of technical means to review bandwidth utilization. Information that is maintained includes records of high bandwidth utilization (source and destination) and the type (protocol) of network traffic. Touro University Nevada blocks the use of known peer-to-peer file sharing protocols to the extent practicable. We use software and hardware to monitor network traffic and enforce network bandwidth traffic shaping.

1-3. What mechanism(s) are you using to educate your community?

  1. We are developing materials on copyright in cooperation with our library (Jay Sexter Library).
  2. We are developing recorded presentations of this information.
  3. We have invited outside experts to speak to the University community on this topic.
  4. The CIO addresses all incoming classes and many returning classes at Orientation on the subject.
  5. Information is sent out to the entire University community yearly and all related documents are posted on the University website and on our internal website (in Blackboard).

1-4. What procedures are you using for handling unauthorized distribution of copyrighted material (e.g., monitoring, sanctions, etc.)?

On the basis of the network and packet analysis, if there appears to be inappropriate use of network resources, including potential unauthorized distribution of copyrighted materials, the Department of Information Technology will investigate the usage pattern and address the individual involved under the Appropriate Use Policy of Touro University Nevada. If any abuse of network privileges has taken place, it will be reported to Human Resources (for employee infractions) or Student Services (for student infractions) so that the appropriate disciplinary actions may be applied in accordance with the appropriate faculty, staff, or student Handbook.

1-5. How are you periodically reviewing the plan? What criteria are you using to determine if it is effectively combating copyright infringement?

The CIO produces a yearly report and review which is submitted to the Provost. The report includes assessment of each procedure used for technology-based deterrent of copyright infringement and descriptions of any allegations of copyright infringement, and any actions taken to address the allegations.

Part 2: Offering Alternatives

2-1. Link to relevant Web page(s)

http://tun.touro.edu/wp-content/uploads/FileSharingInformation.pdf

2-2. Are you carrying out your own survey of alternatives or linking to one or more lists maintained by others? If the latter, which list(s)?

We provide a link to the RIAA list of legal music sites.

2-3. Have you made any special arrangements with one or more content providers to obtain content through legal methods?

No.

Part 3: Informing the Community

3-1. Link to relevant Web page(s)

http://tun.touro.edu/wp-content/uploads/FileSharingInformation.pdf

3-2. Have you developed your own statement regarding copyright and copyright law in general or are you linking to such statement(s) maintained by others? If the latter, which statement(s)?

Our own.


University of California, Los Angeles (Los Angeles, California)

Contact: Kent Wada

Part 1: The plan to effectively combat copyright infringement

1-1. Link to relevant Web page(s)

1-2. What technology-based deterrent(s) have you decided to use?

  • Bandwidth shaping
  • Traffic monitoring to identify the largest bandwidth users
  • A vigorous program of accepting and responding to DMCA notices

1-3. What mechanism(s) are you using to educate your community?

Orientation, informational web sites, information workshops, promotional activities, annual memo, and policies.

1-4. What procedures are you using for handling unauthorized distribution of copyrighted material (e.g., monitoring, sanctions, etc.)?

UCLA implements an active program for responding to copyright infringement allegations. When UCLA receives DMCA notices of alleged copyright violation, it acts expeditiously to remove or block access to the allegedly infringing material. The DMCA Designated Agent coordinates notices related to campus connections, including wireless. Notices related to connections in the residential halls are automatically routed and processed by technology known as UCLA’s Quarantine Approach. An extensive description of the overall procedure, the student judicial process and of the theory behind this approach can be found in testimony given before the House Judiciary Committee’s Subcommittee on Courts, the Internet and Intellectual Property in 2007 and 2004.

1-5. How are you periodically reviewing the plan? What criteria are you using to determine if it is effectively combating copyright infringement?

UCLA has traditionally used recidivism to roughly gauge the campus’s overall program. Formal reviews of the program occur whenever legislative, regulatory or other events indicate this is appropriate.

However, the more important assessment is continual and results in incremental tweaking of various program components. Each campus official responsible for some part of the anti-infringement program (program at a glance) considers enhancements based on the recidivism metric, trends observed, and input received from a variety of sources. For example, observation that the recidivism rate was rising led to the development of the mandatory information workshops for first- time recipients of an infringement allegation. Likewise, a comment by a student who was using a badly maintained computer caused a reassessment of the policy of automatically requiring attendance at an ethics class. In such cases, technical help with cleaning up the computer was the issue.

In 2008, a joint study commissioned by UCLA and the Motion Picture Association of America (performed through the Anderson School of Management at UCLA) produced a gold mine of insight into student beliefs and attitudes about digital entertainment media and illegal file sharing. Many new initiatives, including UCLA on Clicker, resulted from these insights. The study results continue to guide the campus’s efforts. UCLA intends to repeat a similar study in 2010-11 as part of its assessment efforts, and if appropriate, on an ongoing longitudinal basis, use it to continue to help guide its anti-infringement program.

Part 2: Offering Alternatives

2-1. Link to relevant Web page(s)

2-2. Are you carrying out your own survey of alternatives or linking to one or more lists maintained by others? If the latter, which list(s)?

2-3. Have you made any special arrangements with one or more content providers to obtain content through legal methods?

See http://www.clicker.ucla.edu/?page_id=32

Part 3: Informing the Community

3-1. Link to relevant Web page(s)

3-2. Have you developed your own statement regarding copyright and copyright law in general or are you linking to such statement(s) maintained by others? If the latter, which statement(s)?

UCLA is expecting to use the language offered by the June 4, 2010 Department of Education’s Dear Colleague letter.


University of Delaware (Newark, Delaware)

Contact: Scott Sweren

Part 1: The plan to effectively combat copyright infringement

1-1. Link to relevant Web page(s)

1-2. What technology-based deterrent(s) have you decided to use?

A vigorous program of accepting and responding to DMCA notices.

1-3. What mechanism(s) are you using to educate your community?

We enroll alleged offenders in a Sakai CR education course and they must score 80% or better to have their network connectivity restored. See the Copyright Abuse page for more information. We also have posters displayed in public computer labs to educate on copyright.

1-4. What procedures are you using for handling unauthorized distribution of copyrighted material (e.g., monitoring, sanctions, etc.)?

See http://www.udel.edu/security/cr_response.html.

1-5. How are you periodically reviewing the plan? What criteria are you using to determine if it is effectively combating copyright infringement?

Our response procedures are continually reviewed for effectiveness and relevance. We use insights from personal conversations with students, frequency of recidivism, pass/fail rates on the Sakai exam, and external factors (e.g., developments in P2P software, increased use of unsecured personal wireless routers, etc).

Part 2: Offering Alternatives

2-1. Link to relevant Web page(s)

Legal Options for Downloading Music and Movies at the University of Delaware

2-2. Are you carrying out your own survey of alternatives or linking to one or more lists maintained by others? If the latter, which list(s)?

Linking to one or more lists. See http://www.udel.edu/codeoftheweb/resources/freemusic.html.

2-3. Have you made any special arrangements with one or more content providers to obtain content through legal methods?

Ruckus was used until they went out of business on February 6, 2009.

Part 3: Informing the Community

3-1. Link to relevant Web page(s)

See http://www.udel.edu/security/copyright_abuse.htm. We also send an annual e-mail to all students that explains the institution's policy related to copyright infringement and that copyright infringement may subject them to civil and criminal penalties. The e-mail also includes a summary of the penalties for violating Federal copyright law, as well as a description of the institution's actions that are taken.

3-2. Have you developed your own statement regarding copyright and copyright law in general or are you linking to such statement(s) maintained by others? If the latter, which statement(s)?

We have developed our own statement.


University of North Carolina at Chapel Hill (Chapel Hill, North Carolina)

Contact: Ryan Turner

Part 1: The plan to effectively combat copyright infringement

1-1. Link to relevant Web page(s)

1-2. What technology-based deterrent(s) have you decided to use?

The University of North Carolina at Chapel Hill (UNC-Chapel Hill) uses Enterasys Network Access control with Assessment to audit machines for the existence of P2P applications. If a P2P application is detected, HTTP web requests are redirected into a captive portal where individuals are given the choice to remove the P2P application or alternatively, agree to a more stringent acceptable use policy. UNC-Chapel Hill also uses, upon request by a department, Intrusion Prevention Systems (IPS) to block file sharing software. A host-based IPS solution that blocks BitTorrent is also offered for systems storing sensitive data.

1-3. What mechanism(s) are you using to educate your community?

At the beginning of each fall and spring semester, students, faculty and staff are emailed a notice regarding copyright law and the relevant University IT policies. In the email, recipients are referred to a set of webpages dealing with file sharing, the consequences of violating the DMCA and legal alternatives for media.

Every individual that receives a copyright notice must complete an online Acceptable Use Policy (AUP) course that deals with copyright law, file sharing and relevant University IT policies. At the end of the course, a quiz must be completed and a minimum score attained to have network access restored. A survey is also included to provide feedback on the course as well as other copyright-related initiatives such as the communication related to the HOEA plan and the more recent NAC initiative.

The UNC-Chapel Hill ResNET program hosts IT educational events throughout the year. Each event includes standard slides or content devoted to a general education and reminder of appropriate copyright use as well as links to websites where students can obtain additional information.

1-4. What procedures are you using for handling unauthorized distribution of copyrighted material (e.g., monitoring, sanctions, etc.)?

If a DMCA notice is received, the owner of the computer is identified and his/her computer prevented from connecting to the network. The owner of the computer is enrolled in the online AUP course and must sign an online attestation that they have removed any copyright-infringing material that may have been stored on the computer. They further attest that they completed the quiz and have watched the online video about file sharing. Network access is restored once the completed attestation is received.

Repeat student offenders are referred to the Dean of Students. Repeat faculty and staff offenders are referred to Human Resources.

1-5. How are you periodically reviewing the plan? What criteria are you using to determine if it is effectively combating copyright infringement?

The list of most popular P2P applications is constantly reviewed to ensure the effectiveness of the scans. This is done by close examination of complaints and asking the individual who receives a copyright complaint to divulge their application of choice. Once identified, the program is added to the list of P2P applications.

The UNC-Chapel Hill HEOA plan is reviewed annually to determine whether any regulatory changes need to be incorporated into the plan. Regular feedback on the online AUP course is also solicited to determine whether materials covered or questions included need to be amended to better educate the UNC-Chapel Hill community on copyright and file sharing.

Part 2: Offering Alternatives

2-1. Link to relevant Web page(s)

Legal File Sharing Options at UNC-Chapel Hill

2-2. Are you carrying out your own survey of alternatives or linking to one or more lists maintained by others? If the latter, which list(s)?

UNC-Chapel Hill provides links to lists maintained by agencies representing the copyright holders as well as a University-based site offering free software covered by UNC-Chapel Hill license agreements (shareware.unc.edu).

2-3. Have you made any special arrangements with one or more content providers to obtain content through legal methods?

Other than UNC-Chapel Hill license agreements for educational software, other arrangements have not been made.

Part 3: Informing the Community

3-1. Link to relevant Web page(s)

File Sharing on the UNC-Chapel Hill Network

3-2. Have you developed your own statement regarding copyright and copyright law in general or are you linking to such statement(s) maintained by others? If the latter, which statement(s)?

UNC-Chapel Hill developed the following statement.

Illegal file sharing is not viewed lightly. Not only is it against the law, illegal file sharing is against University policy. You are committing a crime and violating University policy if you:

  1. download and/or distribute (share) copyrighted material(s) without permission from the copyright holder, or
  2. allow someone else to use a computer or device registered in your name to download and/or distribute (share) copyrighted material(s) without permission from the copyright holder.

Other Campus HEOA Compliance Pages

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