Compliance with HEOA Peer-to-Peer File Sharing Requirements

The Higher Education Opportunity Act of 2008 (HEOA) is a reauthorization of the Higher Education Act of 1965. It includes provisions that are designed to reduce the illegal uploading and downloading of copyrighted works through peer-to-peer (P2P) file sharing. These provisions include requirements that:

This document outlines Cal Poly’s plans to comply with these requirements.

Annual Disclosure

Cal Poly views education as the most important element in combating illegal sharing of copyrighted materials by students. It uses a wide variety of methods to inform the campus community about the law and Cal Poly's response to copyright infringement claims:

Plans to “Effectively Combat” the Unauthorized Distribution of Copyrighted Material

Consistent with the HEOA regulations, Cal Poly maintains a vigorous program of accepting and responding to all Digital Millennium Copyright Act (DMCA) notices. In addition, Cal Poly currently uses a technology deterrent to shape bandwidth on the Residence Hall networks. This appliance is configured to place a high priority on educational uses of the network. Finally, Cal Poly employs tools to monitor network traffic. If a system is found to be using excessive bandwidth, the owner will be contacted to confirm that the bandwidth consumption is for valid university purposes and that the user is aware of campus policies.

Alternatives to Illegal File Sharing

Cal Poly's DMCA procedures and copyright infringement violation notice include a link to the list of legal alternatives for obtaining music, videos, and other digital content maintained by Educause. The link will be included in the annual notice to students and other Cal Poly web locations as appropriate.

Reviewing Effectiveness

These steps will be reviewed annually and revised as necessary to remain in compliance. The review will assess the overall effectiveness of Cal Poly's plan based on the number of DMCA notices received relative to the number of infringement capable devices, number of repeat offenders per year, results of traffic shaping and monitoring, and feedback from users. Any changes will take effect at the commencement of the following academic year.

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