Archive:Notes on Response to HR 4137

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Formatted

  • Problems with filtering
    • Fair Use/infringement issue
    • Costs
      • Hardware
      • Gratis software requires upkeep and maintenance
      • Aggregate man-hours involved with implementing
    • Mission of the university
    • Makes the network worse, not better
    • Backing up data
    • Moving large amounts of data
    • Doesn't just affect College students, but all members of universities
  • Alternatives
    • Compulsory licensing or license agreements with universities to provide a subscription as part of a university fee
      • Would have to be DRM-free
      • Would have to be fair payment, perhaps with the idea of willing buyer, willing seller


Criticism

  • Filtering would have to distinguish between Fair Use and infringement : impossible
  • Not w/in mission of University to be responsible for this - their purpose is to encourage learning. The proposed interferes with that mission
    • does not push forward the efficacy of the university project
  • Costs are very high for monitoring/ filtering/ managing this effort
    • hardware costs
    • even gratis software requires upkeep, maintenance
    • more work for IT / admin
  • Vague language in bill
  • plus / minus
  • Blocking legit traffic
    • fair use
    • moving large data (slow down)

Looking forward

  • Grant money could go to legit, free projects rather than filtering projects
  • Vague language could be interpreted in a way that supports to free culture

Audience

Congresspeople

Universities

Web at large

  • Static page for people to link to

Deadline

  • Tuesday morning

Draft

Relevant language

SEC. 487. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR STUDENTS.

(a) DISCLOSURE OF POLICIES AND SANCTIONS RELATED TO COPYRIGHT INFRINGEMENT.—Section 485(a)(1) (20 U.S.C. 1092(a)(1)) is amended— (1) by striking and at the end of subparagraph (N); (2) by striking the period at the end of subparagraph (O) and inserting : and ; and (3) by adding at the end the following new subparagraph: (P) institutional policies and sanctions related to copyright infringement, including— (i) an annual disclosure that explicitly informs students that unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject the students to civil andcriminal liabilities; (ii) a summary of the penalties for violation of Federal copyright laws; (iii) a description of the institution's policies with respect to unauthorized peer-to-peer file sharing, including disciplinary actions that are taken against students who engage in unauthorized distribution of copyrighted materials using the institution's information technology system; and (iv) a description of actions that the institution takes to prevent and detect unauthorized distribution of copyrighted material on the institution's information technology system..

SEC. 494. CAMPUS-BASED DIGITAL THEFT PREVENTION.

Part G of title IV (20 U.S.C. 1088 et seq.) is further amended by adding at the end the following new section: SEC. 494. CAMPUS-BASED DIGITAL THEFT PREVENTION. (a) IN GENERAL.—Each eligible institution participating in any program under this title shall to the extent practicable— (1) make publicly available to their students and employees, the policies and procedures related to the illegal downloading and distribution of copyrighted materials required to be disclosed under section 485(a)(1)(P); and (2) develop a plan for offering alternatives to illegal downloading or peer-to-peer distribution of intellectual property as well as a plan to explore technology-based deterrents to prevent such illegal activity. (b) GRANTS.— (1) PROGRAM AUTHORITY.—The Secretary may make grants to institutions of higher education, or consortia of such institutions, and enter into contracts with such institutions, consortia, and other organizations, to develop, implement, operate, improve, and disseminate programs of prevention, education, and cost-effective technological solutions, to reduce and eliminate the illegal downloading and distribution of intellectual property. Such grants or contracts may also be used for the support of a higher education centers that will provide training, technical assistance, evaluation, dissemination, and associated services and assistance to the higher education community as determined by the Secretary and institutions of higher education.