Information Technology Services

File Sharing

Higher Education Opportunity Act
Peer-to-Peer File Sharing Information
Part 1: The plan to effectively combat copyright infringement

1-1. Link to relevant Web page(s)
Missouri Western State University Computing Policies

1-2. What technology-based deterrent(s) have you decided to use?
Presently, we are using a vigorous program of accepting and responding to Recording Industry Artists Association (RIAA) and Digital Millennium Copyright Act (MDCA) notices and we have the capability to monitor the largest bandwidth users.

1-3. What mechanism(s) are you using to educate your community?
A web site has been created and a link to that site has been placed on the Information Technology Services web page. Information about file sharing with a reference to this website is sent to all new students. A statement regarding illegal downloads is also included in the Student Handbook. An e-mail message is sent at the beginning of each semester that addresses the issue of copyright and file sharing and reminds students to refer to our File Sharing and Computing Policies websites.

1-4. What procedures are you using for handling unauthorized distribution of copyrighted material (e.g., monitoring, sanctions, etc.)?
The Information Technology Services (ITS) department receives the violation document from RIAA or DCMA. The student is notified by e-mail of the violation. The student is required to remove all illegal files and to deactivate the file sharing permission within the respective peer-to-peer application. The student must respond in writing that both requirements have been fulfilled. A second violation results in the offender’s access to the campus network being deactivated. The offender must contact the ITS department and arrange to meet with an ITS staff member to discuss the reason for a second violation and to educate the offender regarding their illegal activities. The violation may be forwarded to the Computer Usage Hearing Panel. A third violation results in the offender’s access being deactivated and a hearing is scheduled with the Computer Usage Hearing Panel to determine disciplinary measures. The violation may be forwarded to the Dean of Students.

1-5. How are you periodically reviewing the plan? What criteria are you using to determine if it is effectively combating copyright infringement?
The plan is reviewed annually. The effectiveness of the plan is measured by comparing the number of violations and number of repeat violations to previous years.

Part 2: Offering Alternatives

2-1. Link to relevant Web page(s)
MWSU Legal Media Downloads

2-2. Are you carrying out your own survey of alternatives or linking to one or more lists maintained by others? If the latter, which list(s)?
We are linking to the list provided by EDUCAUSE.

2-3. Have you made any special arrangements with one or more content providers to obtain content through legal methods?
Missouri Western has no special arrangements with content providers to obtain content through legal methods.

Part 3: Informing the Community

3-1. Link to relevant Web page(s)
Recording Industry Association of America
MWSU Computing Policies
MWSU Student Handbook
Top Three Ways to Ensure Compliance with the Law
Frequently Asked Questions
How You Can Be Identified as Sharing Files
Legal Sources for Online Music and Videos
VIDEO – Campus Downloading, Protect Yourself, Do It Legally

3-2. Have you developed your own statement regarding copyright and copyright law in general or are you linking to such statement(s) maintained by others? If the latter, which statement(s)?
Missouri Western uses excerpts of the U.S Copyright Law and the State of Missouri Law RSMO 1988 569.094-569.099.