University Technology

Anti-Piracy Warning

If you have received an Anti-Piracy warning on a device connected to the WIU network, this warning is a result of some illegal activity on your computer. It has been reported to the system that there are illegal downloads or unauthorized sharing of copyrighted material. This type of activity is not acceptable at Western Illinois University; see the procedure below for more information.

WIU DMCA and HEOA Response Procedures

The following outlines a process for handling the unauthorized distribution of copyrighted materials in accordance with the WIU DMCA and HEOA Response Policy.

Graduated Response

Western Illinois University uses a four step graduated response system implemented through the CopySense appliance.

  1. Upon a first offense, the user's browser will be redirected to a warning page. The page contains the following content:
    • A notice that due to copyright violations, access to the Internet is being removed for 2 hours.
    • A notice that continued violations will result in stronger sanctions.
    • A request that the user delete all illegally obtained copyrighted material that is in his/her possession.
    • Links to legitimate sources for downloading copyrighted material.
    • Before access to the Internet is restored, the user is required to acknowledge that he/she has reviewed WIU's DMCA and HEOA Response Policy and agrees to abide by the policy.
  2. If a second offense occurs, the user's web browser will be redirected to a warning page that contains the following content
    • A notice that due to copyright violations, access to the Internet is being removed for 48 hours.
    • A notice that if the violation is repeated again, the user will be required to meet with University Technology personnel to discuss copyright violations before access to the Internet is restored.
    • A request that the user delete all illegally obtained copyrighted material that is in his/her possession.
    • Links to legitimate sources for downloading copyrighted material.
    • Before access to the Internet is restored, the user is required to acknowledge that he/she has reviewed WIU's DMCA and HEOA Response Policy and agrees to abide by the policy.
  3. If a third offense occurs, the user's web browser will be redirected to a warning page that contains the following content:
    • A notice that the user must meet with University Technology personnel to discuss copyright violations before access to the Internet will be restored.
    • A notice that if a violation occurs again, the individual will be referred to Student Rights, Responsibilities, and Retention Initiatives or the Office of the Provost.
    • A request that the user delete all illegally obtained copyrighted material that is in his/her possession.
    • Links to legitimate sources for downloading copyrighted material.
    • Before access to the Internet is restored, the appropriate University Technology staff member(s) (assigned by the CIO) must request that access be restored.
  4. If a fourth offense occurs, the user's web browser will be redirected to a warning page, which states that Internet access has been blocked. Penalties for violation of academic policy may apply and that the user will be required to appear before Student Rights, Responsibilities, and Retention Initiatives or the Office of the Provost.
WIU DMCA Violation Notice Procedures

Upon receipt of a DMCA Violation Notice, WIU will respond by forwarding the notice to the copyright infringer and initiate or escalate the WIU Graduated Response Copyright Infringement Prevention Process for the infringer.


Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws

Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys' fees. For details, see Title 17, United States Code, Sections 504, 505.

Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.

For more information, please see the Web site of the U.S. Copyright Office at www.copyright.gov, especially their FAQs at www.copyright.gov/help/faq.