1 EDUCAUSE live! November 23, 2009 Jack Bernard University of Michigan HEoA’s P2P pill: Wutza U ta do?

2 Some Basics P2P is not unlawful Postsecondary institutions not at fault “Purported” DMCA Notices –Significant cost So why do we do it?

3 The Path to This Juncture The emergence of P2P Misinformation Pressure on congress HEoA Rulemaking

4 Michigan Approach Technology Process for responding to complaints Education Alternatives to unlawful downloading

5 Technological Approaches Recommended approaches... Bandwidth shaping BAYU

6 BAYU home page

7 How does BAYU work?

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9 Responding to Complaints Complaint –Confirm, Identify, Confirm, Contact Letter –Rectifies, Contests, Silence, Queries Direct education Sanctions

10 Educating the Community Annual Campus-Wide Events Academic Curriculum Residence Hall Activities BAYU Annual Notification

11 Educating the Community Although using peer-to-peer file-sharing (P2P) technology is not in itself illegal, what you share and how you share it may be. When you upload or distribute copies you make of copyrighted works OR when you download or acquire unlicensed copies of copyrighted works, you may be infringing someone else’s rights. If you are infringing--even unwittingly--you can be subject to civil damages of between $750 and $150,000 per infringement and even criminal jail time. Use technology wisely. You are responsible for the choices you make, including the choice to put P2P technology on your computer. When you use University resources you must not only to obey the law, you must comply with all University policies...

12 Alternatives Why we haven’t followed industry recommendations... We do not block music services Large Library Catalogs Music Library Digital Services Enabling services to pay for ads Information via websites and letters

13 Questions? Comments?