Re: RIAA Moves Against College-Network Fileswapping

[Robert Myles <mylesr () OHSU EDU>]

There is precedence for the suit against the institution, case was settled for 1.5 million last year in the southwest 
against a company that had a policy against download of MP3's and P2P software, new of a P2P server on their system 
that they did not get around to shutting down, and were found a fault for not following their own policy.  Lawsuits 
always go for the deep pockets!!

Robert Myles, CISSP
Information Security Officer
Oregon Health & Science University


> > > tbm3 () CORNELL EDU 4/4/2003 4:44:03 AM >>>
Great question, the answer of which may substantially depend on whether
they followed DMCA registration and procedures.  Verizon did not, which is
why RIAA subpoenaed them for user name.  If these schools follow "safe
harbor" provisions of the DMCA, they should be immune from contributory
copyright liability.  And even if they did not, there is language in the
DMCA regarding ISPs which should go a long towards protecting them.  But
still, these are $64,000 questions, becoming more costly by the minute.

Tracy

At 06:30 AM 4/4/2003 -0600, you wrote:
> Do you feel this excludes them from turning a law suit against the college
> network operators next?  Especially if they feel a college hasn't done
> enough to discourage the activity?
>
> Ken M. Shaurette, CISSP, CISA, CISM, IAM
> Omni Tech Corporation, www.omnitechcorp.com
> (262) 523-3304
>
>         -----Original Message-----
>         From: Tracy Mitrano [mailto:tbm3 () CORNELL EDU]
>         Sent: Thu 4/3/2003 9:06 PM
>         To: SECURITY () LISTSERV EDUCAUSE EDU
>         Cc:
>         Subject: Re: [SECURITY] RIAA Moves Against College-Network
> Fileswapping
>
>
>
>         Please note, the action is not against network operators, but users,
>         students.  Attached is the RIAA letter concerning this
> matter.  Tracy Mitrano
>
>
>         At 08:56 PM 4/3/2003 -0500, you wrote:
>         >For those of you that don't read slashdot -
>         >
>         >"The RIAA is taking action against college "Napster networks".
> It's suing
>         >four network operators, two at Renssalaer Polytechnic Institute,
> one at
>         >Princeton University, and one at Michigan Technological
> University."..
>         >
>         >http://yro.slashdot.org/yro/03/04/03/2312220.shtml?tid=141
>         >
>         >If you have lots of p2p traffic on your network you might want
> to touched
>         >base with your general council, if you haven't already.
>         >
>         >Cheers -
>         >
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