Recording Industry Sues More Students

Robert Heberle, The Hoya (Georgetown University)

WASHINGTON (CUP)—A new round
of over 700 lawsuits filed by the
Recording Industry Association of
America (RIAA) targets 32 individuals

downloading copyrighted material at 26
universities and colleges across the United
States.

The lawsuits allege illegal distribution
of copyrighted songs on peer-to-peer net-
works, such as Kazaa and LimeWire.

One the Georgetown
University network is a subject of the cur-

user on

rent lawsuits, according to Jonathan Lamy,
spokesperson for the recording industry
group.

Lamy said the individual, once identi-
fied, would be sent a letter offering an
out-of-court settlement. Any settlement
would include both monetary damages
and a prohibition on further illegal use of
copyrighted materials.

Lamy also said the RIAA would con-
tinue to prefer settlements rather than
potentially long and costly court cases.

“The objective here is not to win law-
suits. It is to send a message of
deterrence, demonstrate that there are
consequences to breaking the law, and
encourage music fans to migrate to the
legitimate online music services,” he said.

The RIAA filings are so-called “John
Doe” lawsuits, which name IP addresses,

OCuover § 18/2000

 

unique identifiers of computers connect-
ed to networks, as defendants rather than
actual people. Music industry investiga-
tors can determine only the IP addresses

of those found using copyrighted materi-
al illegally on the Internet.

Identification of individual students
requires a court-issued subpoena to be
delivered to the
provider—in this case, the college or uni-

Internet service
versity providing network access to a
faculty member or student.

Although the Georgetown uset’s iden-
tity cannot be confirmed until a judge
issues a subpoena, the large majority of
past cases of digital copyright infringe-
ment have involved students rather than
faculty or staff, according to the universi-
ty.

Georgetown spokesperson Laura
Cavender said the university had not yet
received any subpoenas related to the new
court action.

She stressed Georgetown administra-
tors’ commitment to halting illegal file-
sharing on campus, and pointed to new
efforts such as an online tutorial for new
students as indicators of how seriously
the university considers the situation.

“Georgetown expects students to
comply with the law,’ Cavender said.
“Students who violate the law do so at

their own risk.”

Beth Ann Bergsmark, director of uni-
versity information systems at
Georgetown, recommended students
avoid such lawsuits by using legal music
downloading services, such as Apple’s
popular iTunes software, which sells indi-
vidual songs for 99 cents.

Bergsmark said popular peer-to-peer
networks may also infect computers with
viruses that can disrupt an entire comput-
er’s hard drive. The only way to repair
such damage is to entirely reformat a
computer, she said.

She also warned, despite the common
belief that only users who share music
with others online can be identified,
downloading files can also reveal an indi-
vidual’s IP address.

Georgetown law professor Julie
Cohen said while most of the cases would
likely be settled out of court, the RIAA
may want to send a message to students
by continuing through the court process
and attempting to impose harsh fines on

 

some college network users.

“In some of these cases they might
intend to follow the case through to the
bitter end,’ Cohen said. “It probably
doesn’t make sense to assume the stu-
dents will just get off with a slap on the
wrist.”

While a handful of highly publicized
file-sharing cases have resulted in settle-
ments ranging from around $5,000 to
$10,000, the maximum court-imposed
fines under the Digital Millennium
Copyright Act could technically reach as
high as $150,000 per song, Cohen said.

She cautioned, however, the RIAA and
associated groups may be reluctant to
pursue such results.

It could very well be that if they did
that, it could backfire on them, and they
could be perceived as abusive,’ Cohen
said. “If you’re the RIAA, it is better to
create a cloud of fear and not, in a very
visible way, take an individual to the clean-

2. 98

ers.

You are not alone

The Students’ Union’s Pride Collective
provides resources for lesbian, gay, bisexual and
transgendered students at the college. The Collective
meets Thursdays at 4:00 in room 328 in the students’
union building at the New Westminster Campus.
All lesbian, gay, bisexual and transgendered,
questioning and allied students are welcome.

Douglas Students’ Union

Canadian Federation of Students Local 18

 

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