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UCSC Plan for Combating Unauthorized Distribution of Copyrighted Materials

UCSC Plan for Combating Unauthorized Distribution of Copyrighted Materials
Compliance with the P2P Provisions of the HEOA

I. Introduction

The University of California is committed to upholding U.S. copyright law. As an Internet Service Provider under the meaning of the Digital Millennium Copyright Act (DMCA), the University does not monitor its networks for the purpose of discovering illegal activity. However, the University pursues a set of ongoing initiatives to ensure that copyright, particularly as it applies to digital assets, is respected within the University community. These initiatives are described as follows in this implementation plan.

II. Technology-Based Deterrents

University of California campuses have developed various network management strategies to balance the many and competing demands placed on network resources. Under provisions of the DMCA and as a matter of University policy, the University does not routinely search for illegal activity that may occur over its networks. UCSC employs the following technology-based deterrents:

  • Bandwidth limitations
  • Traffic monitoring to identify the largest bandwidth users
  • A vigorous program of accepting and responding to DMCA notices

A. Bandwidth Limitations

UCSC uses bandwidth-limitation technologies to enable network administrators to help reserve network access primarily for purposes in alignment with the University's mission. This technology is deployed on residential networks.

B. Traffic Monitoring

Network administrators pay attention to network traffic as one method to manage the resource and ensure that bandwidth is available for academic, research, and administrative uses in alignment with the University’s mission. In the process, administrators identify anomalies in traffic, such as spikes in usage, and follow up as appropriate. Also see http://its.ucsc.edu/security/bandwidth.html.

C. DMCA Notice Response

UCSC implements an active program for responding to copyright infringement notices. The institution follows systemwide guidelines for complying with the Digital Millennium Copyright Act (DMCA) http://www.ucop.edu/information-technology-services/initiatives/. In accordance with established procedures, UCSC has a DMCA agent and designated DMCA e-mail account, which are on file with the US Copyright Office. When UCSC receives DMCA notices of alleged copyright violation, it ensures that the offending material is expeditiously removed from the network and the associated individual is appropriately addressed, as per the specifics of the case. Residential network offenders are blocked from using the network for a period of time. More information on the DMCA at UCSC and copyright infringement is available at http://its.ucsc.edu/security/dmca.html and http://its.ucsc.edu/security/copyright.html

III. Community Education and Annual Disclosure to Students

UCSC conducts an ongoing educational campaign to inform the UC community, and especially students, about UCSC’s commitment to upholding copyright law, deterring copyright infringement, and following DMCA procedures. These educational activities include the following:

A. Mechanisms for Educating the Community

  • Orientation. Illegal file sharing is addressed during campus student orientation.
  • Account authentication. Illegal file sharing is addressed as part of the authentication process when students and employees are given access to e-mail accounts. This includes agreeing to UCSC’s Acceptable Use Policy.
  • Acceptable use policy. Acceptable use policies define what activities are allowed or prohibited on the networks. UCSC has an Acceptable Use Policy which applies to all users of UCSC Electronic Information Resources, including the networks, and a ResNet Responsible Use Policy which applies to all users of the Residential network.
  • Residence Network support. Residential Network student staff make file sharing education a part of their jobs.
  • DMCA Notice Response. UCSC may use other sanctions as a means to further educate students about responsibilities as part of the DMCA notice response. UCSC utilizes established local procedures for adjudicating violations of University policy, including copyright violations. See http://its.ucsc.edu/security/filesharing.html and http://its.ucsc.edu/resnet/copyright/.
  • Informational Web sites. Web sites such as http://its.ucsc.edu/security/copyright.html, http://its.ucsc.edu/security/filesharing.html, http://www.ucop.edu/information-technology-services/initiatives/, and http://its.ucsc.edu/resnet/copyright/ advise students, campus staff, and the public about the University’s policies in this area.
  • Posters on campus. Flyers in the residence halls, departmental offices, and visitor areas advise the community about the legalities of downloading copyrighted content.
  • Annual Notice. Copyright information is included in annual cyber security communication to students.

IV. Legal Alternatives to Illegal Filesharing

UCSC’s CIO or other designated official is responsible for periodically reviewing and providing access to the UC community to legal options for obtaining electronic content, including movies and music. Currently, UCSC refers the campus community to the list of legal alternatives maintained by EDUCAUSE, linking to the list from its informational Web site about copyright and illegal file sharing.

V. Periodic Review of Plan and Assessment Criteria

UCSC reviews this plan on a biennial basis. No single criterion is used to determine whether or not the plan is effective, rather a range of factors are considered in the context of the changing, external environment. The assessment may include the following considerations:

  • Periodic review and update of educational materials (Web, print, etc.) for user friendliness / clarity / organization / pertinence / effectiveness
  • Review of recidivism—whether there are few or many repeat offenders (in comparable circumstances), what the causes may be
  • Review of other institutions’ practices to determine if there are different approaches worth exploring and that are appropriate to the campus’s environment and policies
  • Review of the technological, social, and legal trends that may alter the number of complaints received

Reviewed and Revised Feb 2016