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

[Jan D Carmikle <jdcarmikle@xxxxxxxxxxx>]

University of California, Davis, does essentially the same thing.
____________
JAN D. CARMIKLE
Senior Intellectual Property Officer
Designated Agent, DMCA Notifications
UC Davis InnovationAccess
Tel: 530-754-7636
Fax: 530-754-7620
jdcarmikle@xxxxxxxxxxx<blocked::mailto:jdcarmikle@xxxxxxxxxxx>
research.ucdavis.edu/dmca<http://research.ucdavis.edu/dmca>

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From: Lee, Dan [mailto:leed@xxxxxxxxxxxxxxxxxxxxx]
Sent: Wednesday, February 27, 2013 3:59 PM
To: Nial Johnson; digital-copyright@xxxxxxxxxxxxxx
Subject: RE: [digital-copyright] Advice on dealing with settlement requests in
DMCA infringement notices

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<mailto: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>