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17 UO computer users face music lawsuits
by Steven R. Neuman | News Editor
The Recording Industry Association of America is threatening to slap 17 computer users at the University, whom the company alleges have stolen copyrighted music files through illegal file sharing, with civil lawsuits.
In early June the music industry trade group issued 395 pre-litigation settlement letters to 19 universities including many of the University of California schools and institutions in Washington.
The University of Oregon's general counsel did not return calls to answer questions about the type of persons designated as letter recipients, the University's participation and liability or the application of student privacy regulations to the case.
The letters inform University administrators of a forthcoming copyright infringement suit against one of its students or personnel using a University network and request that the institution forward that letter to the user. The documents also give the recipients 20 days to return contact and negotiate a "settlement" payment.
The process is intended to allow downloaders "to resolve copyright infringement claims ... against them at a discounted rate before a formal lawsuit is filed," according to a press release. In the past, the labels of EMI Music, Sony BMG Music Entertainment, Universal Music Group and Warner Music Group have requested anywhere from $3,000 to $5,000 to prevent a civil lawsuit.
The RIAA does not have a spotless record for targeting music downloaders it deems "pirates." Recently, an Oregon woman has filed a lawsuit against the RIAA claiming damages for what she said were false accusations of piracy. In that case the RIAA also sent a letter requesting a fee to prevent legal action. When the woman claimed innocence the trade group moved to sue forcing her to seek legal representation, but the music industry eventually dropped its claims when it was ordered to produce evidence of the downloading.
The University already takes steps to prevent illegal downloading. When the University's Network Services receives notice of an illegal downloader on the network it responds by suspending Internet access, as it did to roughly 24 students per week during the school year.
Network Services Acceptable Use Policy Officer Jon Miyake said the University of Oregon's number of cases is roughly equivalent to many of the other higher education institutions sent notices.
As for the many students who get their service suspended, once is usually enough. Miyake wrote in an e-mail that there are few repeat offenders.
Would this be a criminal trial?
No. As part of a civil lawsuit, the RIAA is seeking money, not punishment.
How can I get help?
Free legal advice is available to University students through ASUO Legal Services. Students can contact the office to make an appointment at (541) 346-4273.
Can I delete the music and not be sued?
No. The RIAA's Web site for the notices (www.p2plawsuits.com) advises that such action won't make a difference and might be construed as destroying evidence if you go
to court.
In early June the music industry trade group issued 395 pre-litigation settlement letters to 19 universities including many of the University of California schools and institutions in Washington.
The University of Oregon's general counsel did not return calls to answer questions about the type of persons designated as letter recipients, the University's participation and liability or the application of student privacy regulations to the case.
The letters inform University administrators of a forthcoming copyright infringement suit against one of its students or personnel using a University network and request that the institution forward that letter to the user. The documents also give the recipients 20 days to return contact and negotiate a "settlement" payment.
The process is intended to allow downloaders "to resolve copyright infringement claims ... against them at a discounted rate before a formal lawsuit is filed," according to a press release. In the past, the labels of EMI Music, Sony BMG Music Entertainment, Universal Music Group and Warner Music Group have requested anywhere from $3,000 to $5,000 to prevent a civil lawsuit.
The RIAA does not have a spotless record for targeting music downloaders it deems "pirates." Recently, an Oregon woman has filed a lawsuit against the RIAA claiming damages for what she said were false accusations of piracy. In that case the RIAA also sent a letter requesting a fee to prevent legal action. When the woman claimed innocence the trade group moved to sue forcing her to seek legal representation, but the music industry eventually dropped its claims when it was ordered to produce evidence of the downloading.
The University already takes steps to prevent illegal downloading. When the University's Network Services receives notice of an illegal downloader on the network it responds by suspending Internet access, as it did to roughly 24 students per week during the school year.
Network Services Acceptable Use Policy Officer Jon Miyake said the University of Oregon's number of cases is roughly equivalent to many of the other higher education institutions sent notices.
As for the many students who get their service suspended, once is usually enough. Miyake wrote in an e-mail that there are few repeat offenders.
Would this be a criminal trial?
No. As part of a civil lawsuit, the RIAA is seeking money, not punishment.
How can I get help?
Free legal advice is available to University students through ASUO Legal Services. Students can contact the office to make an appointment at (541) 346-4273.
Can I delete the music and not be sued?
No. The RIAA's Web site for the notices (www.p2plawsuits.com) advises that such action won't make a difference and might be construed as destroying evidence if you go
to court.
Viewing Comments 1 - 3 of 3
dorothy
posted 7/06/07 @ 3:40 AM PST
The music industry giants have been hitting people with lawsuits,whom they have caught doing file-sharing;everyone knows this.All those students knew what they were doing,and the very possible consequences if they were caught. (Continued…)
Joe
posted 7/12/07 @ 2:48 PM PST
I completely disagree. Think about it: does the punishment fit the crime? 3-5K just for ripping a few albums? I mean, c'mon here, folks. Where is the fairness in that? What if we said, we're going to cut off the left pinky of everyone guilty of sharing albums through p2p networks--would we be outraged then. (Continued…)
Henry
posted 7/14/07 @ 2:11 PM PST
The reason the illegal downloaders are fined 3-5k is due to punitive damages. The primary means of recovery in this case is compensatory damages, meaning the companies are recovering lost profits. (Continued…)
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