Peer-to-Peer Copyright Infringement Deterrence Survey

March 2010

Tennessee Code Annotated ยง49-7-1(c) requires the Tennessee Board of Regents to provide a report to the Tennessee Higher Education Commission by April 1, 2009 that details " the reasonable efforts their institutions have taken to attempt to deter infringement of copyrighted works over the school's computer and network resources." The board office will create the actual report for THEC, but a response from your campus to this survey is necessary for your institution's compliance with the statute.

This survey was reviewed to ensure compliance with the updated Higher Education Authorization Act (2009).Compliance includes:

  • An annual disclosure to students describing copyright law and campus policies related to violating copyright law.
  • A plan to "effectively combat" copyright abuse on the campus network using "a variety of technology-based deterrents".
  • Agreement to "offer alternatives to illegal downloading".

NAME OF INSTITUTION: Middle Tennessee State University

1. Please describe all measures your campus has taken to educate students in the responsible use of peer-to-peer file-sharing programs and how their use for illicit conduct can impact the economy and the creators and holders of copyrighted materials. This includes, but is not limited to (1) sessions/materials at student orientation, (2) web sites with self-help materials on the issues, (3) signs posted in computing labs/login screens, (3) pamphlets or other materials provided to student with acceptance materials, at registration, etc., (4) public service announcements on student radio or campus run television stations, (5) billboards, (6) advertisements in student run publications such as newsletters/newspapers, etc. (7) any other measures you may have developed.

RESPONSE:

  • Office of Student Conduct web site describes penalties for infringement include disciplinary and potentially legal action including civil penalties that can range from $750 to $150,000 per work in damages for each willful act.
  • Signs posted in Residence Halls computer labs and replaced when necessary.
  • Labs and other public machines have copyright notice which reads:
    • "Using MTSU and state resources for the unauthorized copying and/or distribution of copyright protected information, music, video and software is prohibited. Any questions should be directed to help@mtsu.edu or 898-5345."
  • Ads discouraging file sharing of copyrighted materials placed in student paper and Student Technology Handbook.
  • Notification not to violate copyright laws with peer to peer file sharing tools in the Student Technology Handbook and the "Technology and You" pamphlet.
  • Downloading is discussed in the University 1010 presentations that the Office of Student Conduct conducts for new students.
  • Student email: At the beginning of the fall and spring semesters an email is sent to all students, faculty, and staff reminding students that file sharing of copyrighted material is illegal, that there are legal alternatives, and that students engaged in such activity are subject to disciplinary and potentially legal action including civil penalties that can range from $750 to $150,000 per work in damages for each willful act.

The use of MTSU and state network resources for the unauthorized copying and/or distribution of copyright protected information, music, video and software is prohibited. If violated network access will be suspended and a case opened with the Office of Student Conduct.In addition, civil penalties including $750 up to $150,000 per copyrighted work (song, movie, etc.) shared is possible.Do not illegally share copyrighted materials!

For more information please see:

2. Please describe your campus activities in exploring the availability and cost effectiveness of filtering, screening or blocking types of technology, for use in ensuring compliance with P2P policies.

RESPONSE:

  • Firewalls prevent unauthorized servers, eliminating connection completions from Internet sources to campus machines.
  • Packet shaping technology blocks and/or reduces to unusable peer to peer applications.
  • Network core policy allows for blocking and quarantine of offender machines.
  • IPS and IDS systems utilize signatures to detect peer to peer use.
  • Peer to peer management appliance blocks copyright violators, allows for self remediation on first offense, allows through valid peer to peer content (such as Linux distributions), and provides for an escalating response for repeat offenders.
  • NAC system denies access to network if the required agent installed on user's machines (residence hall, wireless) detects peer to peer applications installed.Planned upgrade in summer 2010 will enhance features.
  • Audible Magic's CopySense installed for the residence halls and Greek Row networks.A second CopySense device for the campus wireless network will be installed FY10-11.Self remediation educates users about the problems of sharing and allow them the opportunity (on first offense) to remove the sharing software.Repeat offenses are dealt with by the Office of Student Conduct.

3. Please describe all hardware/software technologies that have been implemented to control and/or completely block P2P technology on your campus. (please include the dates of implementation)

RESPONSE:

  • Firewall: CheckPoint 2000, Juniper 2010
  • Packet shaping: Packeteer 2001, A10 2009
  • Policy blocking: 2004
  • Quarantine: Enterasys and home grown, 2007
  • IDS: Snort 2004, Enterasys 2007
  • P2P management: AudibleMagic CopySense, 2009, 2010 (see #2).
  • NAC: Cisco 2004, Enterasys 2009

4. Ruckus Network, which is an authorized licensed online content distribution and subscription service, enables students to acquire copyrighted content legally and is available off of a University of Tennessee contract. The next three questions involve students' ability to acquire copyrighted materials legitimately.

4(a). Has Ruckus Network been acquired for your campus? (Yes or No) If yes, when was it acquired?

RESPONSE:

4(b). Has your campus researched and/or acquired any other authorized licensed online content distribution and subscription service (e.g. Napster, Rhapsody, etc.)?If you have acquired another service please indicate which one and if not, please provide some rationale as to why you did not acquire.

RESPONSE:

  • We have researched and believe the best option is to promote other services such as Rhapsody and iTunes for students to choose where and how they get their desired digital media.The trend within higher education appears towards promoting available services as opposed to acquiring services.The costs to acquire such services do not justify the services themselves as such services usually have limitations such as can only be played for free on the client computer and portability options involve payment.Students want portability.


4(c). Does your campus make information available to students to inform them of the Internet sites where they can legally obtain music and other content on their own such as iTunes, Amazon MP3, etc.? If so, how?

RESPONSE:

Yes, students are encouraged to utilize one of the many legal services for downloading copyrighted music and other media. Some are listed below:

The Recording Industry Association of America (RIAA) lists more at http://www.riaa.org/toolsforparents.php?content_selector=legal_music_sites


5. Please provide (electronically or by a link) policies your campus has developed regarding the use of peer-to-peer file-sharing programs and copyright infringement.

RESPONSE:

6. Please describe what measures are taken when a complaint is received by the RIAA or other legitimate copyright holder, including disciplinary action taken against the infringer.

RESPONSE:

  • Disciplinary procedures for those who are caught are the same for students regardless of the type of offense. The Office of Student Conduct receives notices from V.P. for Student Affairs and the Vice-Provost for Academic Affairs. The Office of Student Conduct forwards the information to the Information Technology Division (ITD). If ITD is able to identify a user, and the user is a student, they are subject to disciplinary action. ITD also blocks network access from the IP address identified in the complaint until disciplinary action has been completed.
  • Students who are found responsible for copyright violations are required to watch the Campus Downloading video and they are required to visit http://www.campusdownloading.com while in the Office of Student Conduct. Students typically receive either a letter of reprimand or disciplinary probation for a first-time offense. Repeat offenders are placed on disciplinary probation for one semester.

7. How many copyright notices of infringement from the RIAA or other legitimate organization has your institution received since January 2009?

RESPONSE:

  • 163 notices of infringement received between 1/1/2009 and 12/31/2009.