Re: [digital-copyright] Advice on dealing with settlement requests in DMCA infringement notices

[claudia holland <chollan3@xxxxxxx>]

This brings up another challenging point re: DMCA notices. I would be 
interested in hearing how others interpret the time stamp provided in a 
notice. Whether your process is totally automated or your computer logs 
are being checked manually, how close to the time stamp provided does 
your user have to be logged on to be identified as the potential 
infringer? That is, what is the time "window" you are using to make that 
determination. We have many false positives or simply an indeterminate 
ID because of the time stamp issue.

Feel free to respond privately, if you like.


On 2/27/13 6:58 PM, Lee, Dan wrote:
>
> Niall --
>
> As these messages don't meet the requirements of notices specified in 
> the DMCA our campus attorney has decided that we don't have to respond 
> to them. On the other hand, they are providing us with evidence that a 
> violation of our campus code of conduct has taken place. Thus I pass 
> the details on to the user identified and copy the Dean of Students 
> office for enforcement, but I delete the part of the message that 
> approaches extortion. I don't really want to scare the poor students 
> unnecessarily. The other key piece with these is that they rarely 
> supply sufficient data to reliably identify the user.
>
> Dan Lee
>
> Director, Office of Copyright Management and Scholarly Communication,
>
> University of Arizona
>
> leed@xxxxxxxxxxxxxxxxxxxxx <mailto:leed@xxxxxxxxxxxxxxxxxxxxx>
>
> (520)621-6433
>
> *From:*Nial Johnson [mailto:nial@xxxxxxxxxxxxxxxxxx]
> *Sent:* Wednesday, February 27, 2013 4:33 PM
> *To:* digital-copyright@xxxxxxxxxxxxxx
> *Subject:* [digital-copyright] Advice on dealing with settlement 
> requests in DMCA infringement notices
>
> As the campus DMCA rep I have recently received an increase of 
> infringement notices. While most were what I consider standard take 
> down requests, a few are requiring settlement in order to prevent 
> litigation and acquire release from future liability. Not having dealt 
> with this type of notice in the past, I am curious on how others have 
> processed and responded to these claims as well as advice provided to 
> those culpable.
>
> Thanks in advance for your reply.
>
>
>
> *Nial L. Johnson, Executive Director*
>
> Instructional Technology & Media Services
>
> Bradley University
>
> Peoria, IL   61625
>
> 309-677-2334 <tel:309-677-2334> (o)
>
> 309-677-2330 <tel:309-677-2330> (fax)
>
> nial@xxxxxxxxxxxxxxxxxx <mailto:nial@xxxxxxxxxxxxxxxxxx>

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