Individuals should be aware that copyright violations are illegal and Penn State is obligated to respond to reports of such violations. Recently the Recording Industry Association of America (RIAA) has alleged that certain individuals within the Penn State community have violated copyright, and has requested that Penn State notify the alleged individuals. In response to that request, Penn State sent the following letter to the individuals identified by RIAA.
The University, in its role of internet service provider ("ISP"), is in receipt of a message from the Recording Industry Association of America ("RIAA"), a copy of which has been attached. The message received from the RIAA’s attorneys requests that the University, as an ISP, forward to an identified University account user certain allegations of copyright infringement of content owned or managed by RIAA members. Included in the RIAA message is an offer to settle any and all allegations and claims prior to RIAA commencement of litigation. It should be noted that the University does not release user names or contact information without a valid subpoena. The RIAA has requested forwarding of the materials at this time with the future possibility of a subpoena being pursued seeking user information if the user does not take action with regard to the settlement letter. User information has not been sent to the RIAA at this time.
The alleged infringement cited in the RIAA message traces to your University account, registered network connection or assigned IP address per an internal evaluation of University records. As your ISP, we are, therefore, forwarding the RIAA message directly to your attention. Please do not respond to this office directly. Contact information for the RIAA is contained in the attached RIAA message.
It is important to note that the University has not verified the source or validity of the request, nor has the University investigated or evaluated at this time the validity of any allegations of infringement made by the RIAA. You should consider, therefore, undertaking reasonable, independent measures to verify the source and validity of the appended message.
Additionally, the University, by forwarding this correspondence, is not undertaking or agreeing to undertake any action to endorse, support or defend either you or the RIAA in connection with the underlying allegations of infringement. The University does not, by forwarding this message at the request of the RIAA, assume any liability or responsibility for your actions, nor does any University action as intermediary in this situation serve to reduce, limit or otherwise constrain any rights, privileges, claims or causes of action the University may have against you in the event the allegations raised by the RIAA prove to be accurate.
Finally, nothing contained in the University's forwarding materials should be deemed legal advice or assistance. It is recommended that you obtain independent legal counsel to evaluate the legal claims raised by the RIAA in its attached correspondence. Please note that resolution of any claims with the RIAA may not be considered sufficient to resolve any alleged violations of the terms of use of your University account.
Sincerely,
Kathleen R. Kimball
Senior Director, Security Operations and Services
Information Technology Services
The Pennsylvania State University
101 University Support Building 2
University Park, PA 16802
(814) 863-9533