Compliance with the peer-to-peer (P2P) provisions of the Higher Education Opportunity Act (HEOA)

  I.    Introduction

 II.    Technology-based deterrents

            A. Traffic monitoring

            B. DMCA notice response

III.   Community education and annual disclosure to Learners

            A.    Mechanisms for educating the community

IV.    Legal alternatives to illegal file sharing

 V.   Campus procedures for handling unauthorized distribution of copyrighted material

VI.   Periodic review of plan and assessment criteria

           A.    Procedures for review

           B.    Assessment criteria

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. UCSF employs the following technology-based deterrents.

A. Traffic monitoring to identify the largest-bandwidth users

B. A vigorous program of accepting and responding to DMCA notices

A. 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.

B. DMCA notice response

UCSF implements an active program for responding to copyright infringement notices. The institution follows systemwide guidelines for complying with the Digital Millennium Copyright Act (DMCA)

In accordance with established procedures, UCSF has a DMCA agent and designated DMCA email account, which are on file with the U.S. Copyright Office. When UCSF receives DMCA notices of alleged copyright violations, it ensures that the offending material is expeditiously removed from the network and the individual involved is appropriately addressed per the specifics of the case. Repeat offenders are blocked from using the network.

More information on the DMCA at UCSF and copyright infringement is available at /policies/digital-millennium-copyright-act-dmca.

III. Community education and annual disclosure to learners

UCSF conducts an ongoing educational campaign to inform the UC community, and especially learners, about UCSF’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

• Acceptable use policy. Acceptable use policies define what activities are allowed or prohibited on the network. Users must agree to these policies to gain access to the network.
• Informational websites. Websites advise learners, campus staff and the public about the University’s policies in this area: http://www.ucop.edu/irc/policy/copyright.html and http://www.ucop.edu/irc/policy/shareright/

IV. Legal alternatives to illegal file sharing

UCSF’s Information Security Officer is responsible for periodically reviewing, and providing the UC community access to, legal options for obtaining electronic content, including movies and music. Currently, UCSF refers the campus community to the list of legal alternatives maintained by EDUCAUSE, linking to the list from its informational website about copyright and illegal file sharing.

V. Campus procedures for handling unauthorized distribution of copyrighted material

UCSF 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/irc/policy/dmcaguide.html.

In accordance with established procedures, UCSF has a DMCA agent and designated DMCA email account, which are on file with the U.S. Copyright Office. When UCSF receives DMCA notices of alleged copyright violations, it ensures that the offending material is expeditiously removed from the network and the individual involved is appropriately addressed per the specifics of the case. Repeat offenders are blocked from using the network.

VI. Periodic review of plan and assessment criteria

A. Procedures for review

Beginning September 2010, UCSF will conduct an initial review of its plan for combating copyright infringement. Subsequent reviews will be conducted on a biennial basis. No single criterion is used to determine whether or not the plan is effective; a range of factors is considered in the context of the changing external environment. The assessment may include the following considerations.

B. Assessment criteria

• Periodic review and update of educational materials (e.g., web, print) for user friendliness, clarity, organization, pertinence and effectiveness
• Review of other institutions’ practices to determine if there are different approaches worth exploring 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