Frequently Asked Questions about DMCA Notices, Subpoenas for the Identity of Alleged Copyright Infringers on the Cornell Network, and Legal Music
A number of questions have arisen recently in the area of digital copyright for users of the Cornell network. Please take a moment to apprise yourself of these answers.
- Question:
- Does Cornell University provide the identity of users to copyright holders without a subpoena?
- Answer:
-
NO
Like all other colleges and universities that do not monitor their network for content, Cornell receives what are known as "DMCA notices." DMCA notices according to the Digital Millennium Copyright Act are particularized notices, which mean that a copyright holder claims ownership of specific material allegedly being distributed illegally from an Internet Protocol Address (I.P. address) through the Internet Service Provider to whom they send the notice (in this case, Cornell University).
Cornell University as a matter of policy responds to those notices by blocking the IP address. It then sends the individual to whom the IP address is assigned a letter regarding the matter. The recipient of the letter has three choices: to delete the infringing material and cease and desist from the activity; to report it as a security incident if in fact that is the case; or to file a counter-notice alleging that he or she has legal use of the material. Connectivity is restored depending on the nature of the response. In the case of intentional file sharing of infringing material the offender is referred to the Office of the Judicial Administrator. The University does not report the name of the alleged offender to the copyright holder without a subpoena requiring such identification.
- Question:
- Would Cornell University provide the identity of a user if properly served with a subpoena?
- Answer:
- YES
Two years ago the D.C. Court of Appeals ruled in favor of an Internet Service Provider. The court stated that if a copyright holder wanted the identity of an alleged infringer the copyright holder could not use the so-called "fast-track" DMCA method of obtaining that information. Nonetheless, if the copyright holder followed due process of bringing a "John Doe" lawsuit and drew subpoena power from that action to find the identity of the defendant, such requests were appropriate. Accordingly, Cornell University will respond to a properly served subpoena, including one that requires disclosure of the name of a user associated with an Internet Protocol address alleged to be used for infringement. This response is consistent with Cornell University's efforts to comply with all laws.
- Question:
- Will Cornell University inform a student if it has been served by a copyright holder with a subpoena requiring it to disclose a user's identity?
- Answer:
- YES
The University Counsel's Office will inform the student such a subpoena has been served.
- Question:
- Are there any legal file share programs that run on the Cornell network?
- Answer:
- YES, ONLY ONE, RUCKUS.
In the last few years copyright holders have sued thousands of people for copyright infringement, including students. These lawsuits have involved not only music but also electronic games and increasingly digitized video, movies, cable and television shows. Cornell's legal music program, Ruckus, is the ONLY legal file share program on the Cornell network. Other vendors, such as iTunes, are also available via the Internet just as they would be to a home user, but it bears repeating that Ruckus is the only legal one operating on the Cornell network.
I hope this information has been helpful. Have a great winter break!
DMCA Registered Agent for Cornell University
December, 2005
Updated November, 2007