How You Get Caught

Even though many P2P file sharing programs applications declare the protection of your identity, you can never be sure that you won’t get caught. When you download/upload files from some computer on the web there is always some form of Internet Protocol (IP) address exchange. Any participating network device such as computer or laptop is given its own IP address that is unique within the scope of the specific network.

Every time you log on to the Marshall University network your username, the time, associated IP number, and hardware address (MAC) of your computer entered into our network logs. With these pieces of information we can trace the network IP address back to the associated user account.

Organizations such as the Recording Industry Association of America (RIAA), Motion Picture Association of America (MPAA) representing copyright holders persistently scan Internet traffic to identify transfers of files containing copyrighted material. When they determine the IP addresses involved in the file sharing, they send a Digital Millennium Copyright Act (DMCA) notice to the Internet service provider such as Marshall University.

When MU Information Technology receives a notice alleging that the user has infringed a copyright, we must comply with DMCA in order not be held liable for illegal activity of our network users.

 What Happens When You Get Caught

1. DMCA complaint  is sent to abuse@marshall.edu . MU must "act expeditiously to remove, or disable access to" copyrighted material. Infringers’s off campus access turned off until the further actions described in the Copyright Infringement Complaints Procedure are taken.

2. Preservation Notice– requires MU to maintain data on listed cases

3. Pre-litigation settlement option is given:

Notification e-mail to the infringer (only MU knows the infringer's identity which is not disclosed to any external agency).

Infringer is invited to contact RIAA via the notice.

Infringer is given 20 days to voluntarily contact RIAA and settle (normal cost is @$3,000). If no settlement – litigation process begins.

4. Subpoena - litigation process began. MU is required to provide the names and address of those cases listed.