DMCA "Early Settlement" Process
- Campus DMCA Agent or other campus entity receives an Early Settlement Letter.
- Associate Vice Chancellor - Computing & Communications is notified.
- If the early settlement letter has not been preceded by a preservation letter, System, Network or Security personnel will be contacted to investigate the infringement claim for validity and report back to the DMCA agent.
- If the claim is invalid, System, Network and/or Security personnel determines the IP address is spoofed or the system with the IP address identified has been compromised, the DMCA agent writes a letter to the RIAA attorney with the reason the notice is invalid.
- If the claim is valid, the user is contacted and forwarded the settlement offer, with the standard UC settlement cover letter by the appropriate staff:
- Director of Student Conduct & Academic Integrity Programs for students on campus
- Assistant Director for Residence Life, Judicial Affairs for students in the Residence Halls
- Computing and Communications CFAO or DMCA Agent for Faculty/Staff
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If an Early Settlement letter has not been preceded by a Preservation Notice, the MAC and IP addresses including that person's current (and permanent) addresses, telephone numbers, and e-mail addresses will be preserved for a minimum of three years.
- Associate Vice Chancellor - Computing & Communications is notified.
- All communications are documented and letters retained.
Notes:
- By forwarding the early settlement letters, the University of California has made no determination that students have engaged in copyright infringement or that they should enter into an early settlement with the copyright holder. It is solely the student's personal decision whether to avail themselves of the "early settlement" procedure.
- No records will be provided to the attorney or copyright holder unless a subpoena is served.
