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Duke is considered an ISP. This usually means, if they want safe harbor protection against liability under the DMCA, they will need to cooperate with the RIAA/MPAA/BSA/IFPI, especially if they receive a subpoena for user information. Usually, Duke will receive a DMCA notice of alleged infringement and they will forward the email to the student. If it's the first offense and the student responds positively, then generally nothing will come of it. But repeated offenses can lead to both legal and judicial (Duke) consequences.
While Duke doesn't do deep packet inspections (like some other ISPs...*cough comcast cough*) as far as I know, that doesn't mean your activities can't be tracked. Companies like MediaSentry nab infringers because they upload not download.
If you can turn off uploading on your p2p program then you can greatly reduce your chance of being caught. If you are using bittorrent, then you can't turn off uploading. In that case, you should throttle your upload bandwidth as much as possible and not leave stuff to upload if you aren't downloading.
Edit: Duke's DMCA agent is part of the IT Security Office, therefore all DMCA infringement notices will go through them before they get to the user.
Last edited by SBR; 08-23-2008 at 07:45 PM.
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