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Copyright & DMCA Issues at UH

Are you downloading and/or sharing music, movies, TV shows, or software using P2P software such as BitTorrent, Limewire, eDonkey?  Do you have legal permission to do so?  If the answer is "NO" or  If you're not sure, STOP IMMEDIATELY!   Downloading or sharing copyrighted information (music, movies, TV shows, software, etc.) without permission is ILLEGAL.

The University of Hawaii (UH) will investigate any copyright violation allegations.  Copyright infringers may be liable for up to $150,000 per item infringed upon, plus attorney fees and possible criminal penalties in additon to any UH disciplinary sanctions.

Universities have been identified as leading sources for online piracy - downloading and distribution copyrighted materials (songs, movies, TV shows, software, games, etc.) without permission from the copyright owner.  Agents for the copyright owners routinely send notices (called DMCA take down notices) to educational institutions (yes, we receive them here at UH too) identifying the date, time, materials being infringed upon, and the IP number of the system found to be distributing the copyrighted items.  (sample DMCA take down notice.)  Upon receipt of a copyright violation notice, UH will immediately block the infringing computer from accessing the UH network.  Complete details about what happens when the University of Hawaii receives a copyright violation notice can be found at: http://www.hawaii.edu/askus/815. 

The Digital Millennium Copyright Act (DMCA) is a US copyright law passed in 1998 to help protect the intellectual property of copyrighted materials  distributed electronically (music, movies, TV shows, software, electronic games, etc.)  A summary of the DMCA can be found at:  http://www.copyright.gov/legislation/dmca.pdf.  Elements of the DMCA provide Internet Service Providers (ISPs), including universities, "safe harbor" (limited liability) if the ISP:

In a previous case (BMG Music v. Gonzalez: N.D. Ill. 2005), the following noteworthy determinations were made in court:


Beginning in February 2007, the Recording Industry Association of America (RIAA) started sending out "early settlement letters".  An early settlement letter informs the school of a forthcoming copyright infringement lawsuit against one of its students or personnel.  (read the complete article here)

The early settlement letter requests that the ISP forward the letter to the alleged infringing user and includes:

(sample Early Settlement Letter - pdf file)

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Article ID: 813
Created: Thu, 12 Jul 2007 9:58am
Modified: Sun, 27 Jul 2008 10:25pm