Broadcast E-mail to All Students Concerning Illegal Downloading

October 10, 2007

UPDATED Notice to Students Regarding Copyright Infringement Claims by the Recording Industry Association of America (RIAA)

Back in April, we took the opportunity to let members of the University community know of increased activity on the part of the Recording Industry Association of America (RIAA) to address illegal downloading of music and other protected property. As many will recall, the RIAA announced a new strategy for responding to illegal downloading by students on college campuses. In short, the RIAA adopted the approach of sending letters to students via the college or university, advising them of the alleged infringement and suggesting a manner for resolving the alleged infringement.

Since the date of our initial communication to the University community, Fairfield University received several letters from the RIAA. As it has done in the past, the University has recognized its responsibilities under the Digital Millennium Copyright Act (DMCA) and has forwarded appropriate notices of alleged copyright infringement on to students. Copyright infringement on the campus network in violation of Fairfield University's Acceptable Use Policy has also been addressed through appropriate follow up with the Office of the Dean of Students.

We are providing this update to ask for continued vigilance by users of the network to avoid all instances where illegal use of copyrighted material may occur. Fairfield University does not monitor its network for illegal downloading and is not a party to claims made by the RIAA against network users. The University's Acceptable Use Policy (http://www.fairfield.edu/cns_aup.html) sets forth the expectation that network users will take individual responsibility for understanding and observing all applicable copyright laws and licensing restrictions. As such, any student who receives a letter claiming illegal downloading by the holder of a copyright is individually responsible for responding to the letter. Students may wish to consult individual counsel when deciding how to respond to any such letter. It is worth noting that recent lawsuits brought by the RIAA against individual users have resulted in severe financial sanctions being entered by the courts.

We close by noting that copyright issues are a growing national concern. Our offices have encouraged students, faculty and administration to take every opportunity to learn more about these important issues so as to allow for informed decisions and proactive measures to be taken so that claims can be avoided outright. As noted to our student leaders in particular over the past several months, it is critically important for students to take the lead in understanding their rights and responsibilities and advocating for themselves so that they can make the best and most appropriate use of electronic media in this ever-changing and dynamic climate.

Sincerely,

Donald Adams
Assistant Vice President for Computing and Network Services

Thomas C. Pellegrino
Associate Vice President and Dean of Students

TCP/rs