Responding to DMCA Complaints about Copyright Issues at MSU

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Select a link below to jump to that section:

• Overview
• Respond to the DMCA Complaint You Received
• Responding to a Complaint
• Securing Your Computer
• What is a Counter Notice
• MSU DMCA Processing Office Contact Information

Overview

It is a serious violation of MSU's Statement of Acceptable Use and federal law Digital Millennium Copyright Act (DMCA) to share copyrighted files from your computer or other device attached to the network. If Michigan State University receives a complaint that you have been sharing copyrighted files from your computer system you will likely lose access to the internet (possibly for an extended period of time) and may face additional disciplinary actions.

If MSU receives complaints about a specific individual's computer or device attached to the network, the individual will be charged a fee and may lose their network connection for an extended period of time. Additional complaints will result in increased fees, possible loss of MSU network access, and possible suspension from classes or the University.

Refer to the following for more information: Copyright Compliance and MSU Network Access

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Respond to the DMCA Complaint You Received

Respond by reading the official DMCA complaint email that was sent to you which includes the instructions on responding to the complaint.

If you have deleted the email that was sent to you click on the below link, logon with your MSU NetID, and respond to the complaint:

go.msu.edu/dmca-response

*For school purposes, if your Internet connection has been suspended, you still have full Internet access at any MSU Computer Classroom.

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Responding to a Complaint

First determine how the violation occurred and take the proper measures to cease the violative activity. The typical ways in which violations can occur include: filesharing software, malware, misconfigured (open) router, etc.

If you do not know how the sharing activity occurred, or you suspect that your system has been compromised (via malware or other means), you should disconnect your system from the network. Often a complete reformatting of the hard drive and reinstallation of the operating system will be necessary to fully resolve the issue.

If you have a router, disconnect it until it is properly configured and protected (Wireless Router Setup Guide for MSU Residence Halls).

If the complaint involves your phone or mobile device you will generally need to take proper steps to reset it to factory defaults (contact the vendor of the device). After the reset, do not re-install the filesharing software.

Once you are certain you are no longer sharing copyrighted files follow the instructions in the official notification to respond to the complaint(s).

There are three options for responding to a DMCA complaint(s):

1. Acknowledge you are no longer sharing files
2. Indicate you were unaware you were sharing files
3. File a Counter Notice

*If you cannot respond to your DMCA complaints because of a network suspension, you can still access the Internet from any MSU Computer Classroom.

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Securing Your Computer

The following are important steps to take and consider to avoid getting DMCA complaints.

1. If you were using BitTorrent, Limewire or another Peer-to-Peer file sharing program, it is recommended that you:
   • Remove and DO NOT reinstall the Peer-to-Peer file sharing programs on your computer.
   • It is strongly recommended that you reformat your hard drive to remove all traces of any viruses or Trojan horses that may remain installed on your system. Peer-to-peer applications are known to place viruses and Trojan horses on your system which may continue to share files after the file sharing application has been removed. After reinstallation of the computer's operating system (OS), you will need to update your OS with all of the security patches and service packs available.

   MSU Computer Help and Repair (computerrepair.msu.edu) offers a discounted reformat and reload service for students for a fee. This office is located in room 120 Computer Center. You may also choose to perform the reformat yourself or take your computer to an off-campus service provider (at your cost).

2. Install and regularly update an anti-virus software package such as Microsoft Security Essentials, McAfee, or Norton Anti-Virus.
3. Install, activate and maintain a personal firewall or the built-in Windows Firewall.
4. Maintain your computer by regularly updating your computer's operating system and other software with appropriate security patches and service packs as they become available.
5. Limit or disable access to open shares on your computer such as your "My Shared Music" and "My Shared Files" folders.
6. Regularly change your passwords to help maintain their integrity.
7. Secure your wireless router with a password. Regularly change the password and use care in who you allow to use the router. BE AWARE THAT YOU ARE RESPONSIBLE AND LIABLE FOR ANY ACTIVITY THAT OCCURS THROUGH A ROUTER REGISTERED TO YOU.

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What is a Counter Notice

Under the law, a person informed of a copyright violation can file a legal counter notification. Such an action would typically be limited to asserting that you have the right to distribute the material in question - because you hold the copyright or the material is not copyrighted. A counter-notice would not apply to claims of "mistaken identity".

Before proceeding with a counter-notice, you should consider carefully whether you may have, in fact, infringed on the complaining party's copyright. Filing the counter-notice requires you to state, under penalty of perjury, that you have a good faith belief that you had a right to distribute the material.

Do not make this claim lightly - if the complaining party has a good infringement claim, sending a counter-notice may trigger a lawsuit. If you are not willing and able to engage in such a lawsuit(s), a counter-notice is probably not an apt action to pursue.

If this course is pursued, under the provisions of the DMCA, a counter notification must be a written communication provided to the service provider's (MSU) designated agent wherein you:

• Make a statement under penalty of perjury that you have a good faith belief that the material was identified, removed or disabled as a result of a mistake or misidentification of the said material.
• Provide your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under subsection(c)(1)(C) of the DMCA or an agent of such person.
• Provide identification of the material that has been identified, removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• Your electronic or physical signature.

Your network access will remain blocked until the completed counter notification has been received per the above, upon which the ISP (Michigan State University) is required to forward the counter notification to the complaining party and restore access to the said material (restore the user's network connection). The complaining party will then pursue the matter directly with the individual who filed the counter notification.

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MSU DMCA Processing Office Contact Information

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