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Student Handbook


Emporia State University Peer to Peer File Sharing Statement

 

The Emporia State University community respects the rights of holders of copyrights, their agents, and representatives and implements appropriate policies and procedures to support these right without infringing upon the legal use of those materials. Emporia State’s Digital Millennium Copyright Act (DMCA) policy states:

 “...users of internet services and equipment provided by Emporia State are responsible for their compliance with all copyright laws pertaining to information they place on or retrieve from the internet.”

ESU’s DMCA policy also references unauthorized distribution of copyrighted material. Copyrighted material inclues but is not limited to music, movies, games and software. In some instances, unauthorized distribution of copyrighted material is performed from a coputer using peer-to-peer file sharing applications.

Unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject students to civil and criminal liabilities including, but not limited to:

 

1.

Actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed

2.

"Willful" infringement up to $150,000 per work infringed

3.

Court costs

4.

Attorney fees

5.

"Willful" infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense


With each peer-to-peer file sharing notification of alleged copyright infringement, Emporia State is held to a standard to:

1.

Identify the computer used during the alledged incident using information given in the notification

2.

Remove the computer from the ESU network

3.

Notify the computer owner to remove the copyrighted mateial including notifyng the Student Conduct Coordinator

4.

Verify the copyrighted material is removed prior to allowing the computer back into the network

If further copyright infringements occur, the computer owner could lose Emporia State University network access permanently.