Copyright Infringement Directive

In accordance with the Digital Millennium Copyright Act of 1998 (a), ResNet Internet Service will undertake very specific action when formal notifications of copyright infringement by ResNet users have been received from copyright holders (b) or their representatives. The ResNet Support Group will certify that contact with the user has taken place and that the user has either ceased the infringing activity (c) or that ResNet Support has taken action on its own with the result of ceasing the infringing activity when the activity originates from within the ResNet network.

In response to this legislation, the ResNet Support Group has developed the following procedures. Compliance with applicable law is the ultimate goal. Much of the activity occurring in violation of copyright laws is the result of peer-to-peer file sharing software (d) usage by users who are, as often as not, unaware that certain uses of this software violates copyright laws. Consequently, user education is a necessary component of required compliance efforts. ResNet staff will maintain sufficiently detailed records reflecting infringement notices received and responses thereto. The following are the procedural steps to be taken in response to formal notifications of copyright infringement:

1. The Office of Information Technology receives notice that a user may be violating copyright laws.
2. Upon determination that the user is connected to ResNet based on the IP address given in the complaint, the complaint is routed to the ResNet Support Group.
3. ResNet staff will search records and determine the identity of the user.
4. ResNet staff will search records to determine whether the user is a repeat offender. If it is clear that the user is a repeat offender, the complaint will be handled as described under “Repeat Offenders” below. If this complaint is a first offense, the “First Offense” procedure will be followed.

First Offense

1. ResNet Support will immediately suspend network service.
2. ResNet Support issues an e-mail notice to the user explaining the reason for suspension. The infringement notice will be included as an enclosure to the e-mail notice.
3. There will be a $25.00 fine assessed.
4. Student must provide a copy of the Bursar paid receipt to the ResNet Official.
5. ResNet Support will reactivate service when the payment is verified.

Repeat Offenders (second time)

1. ResNet Support will immediately terminate network service.
2. ResNet Support will send an e-mail notice to the user explaining that a second or subsequent complaint of infringing activity has been received and that the user’s network service has been terminated.
3. There will be a $50.00 fine assessed.
4. Student must provide a copy of the Bursar paid receipt to the ResNet Official.
5. ResNet Support will reactivate service when the payment is verified.

Repeat Offenders (third time)

1. ResNet Support will immediately terminate network service.
2. ResNet Support will send an e-mail notice to the user explaining that a second or subsequent complaint of infringing activity has been received and that the user’s network service has been terminated.
3. Student must provide a copy of the Bursar paid receipt to the office of Student Accountability and Advocacy.
4. There will be a $100.00 fine assessed.
5. ResNet Support will notify the office of Student Accountability and Advocacy that a third offense has occurred and will forward all pertinent information for review.

Failure to adhere to LSU New Orleans Acceptable Use Directives may result in loss of privileges as well as disciplinary or legal action.

(a) Digital Millennium Copyright Act of 1998: http://www.copyright.gov/legislation/dmca.pdf
(b) Copyright holders are authors and artists whose works are copyrighted.
(c) Infringing activity is activity that copies any type of copyrighted material.
(d) File sharing software is any software which allows users to share files.