2008 Woodie Awards
RIAA sues students for illegal file-sharing
Aditi Dubey
Issue date: 3/16/07 Section: News
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The Recording Industry Association of America recently named Drexel University students in 14 lawsuits. These lawsuits were filed against students for illegal sharing of copyrighted material.
"Drexel was notified on March 3rd of the 14 impending lawsuits and is currently awaiting information from the RIAA on their 'pre-notice plan' that allows students to settle claims before a formal lawsuit is filed," said Laure Bachich Ergin, senior associate general counsel and managing attorney.
Roughly 400 of the current round of RIAA lawsuits are against college students, according to Drexel University's Office of the General Counsel. The incidents occurred in January and February and at this point, the RIAA has sent a list of 14 IP addresses, which are used to identify computers, to the University. No other action has been taken and the students are not being sued yet. The University is now waiting for a letter from the RIAA that they will forward to the students that tells them that they have been named by the RIAA for illegal file sharing, and that they are being given an opportunity to settle.
After a student's computer is identified for illegal file sharing, the Information Resources and Technology department turns off the student's ResNet port and disables their network connections. Then, they are referred to judicial affairs and are sanctioned.
"We are giving students an opportunity to settle," Ergin said. "We will not refer students to the RIAA without a subpoena."
Over the past two years, the RIAA has filed approximately 36 lawsuits against individuals who engage in illegal file sharing of copyrighted materials. In those cases, the RIAA filed "John Doe" lawsuits based on IP addresses and would then subpoena Drexel for the identities of the students associated with those IP addresses, according to OGC.
"Those students, after being notified by Drexel, had the unpleasant choice of either hiring an attorney to defend them in federal court or paying the RIAA $3,600 to settle the case," Ergin said. "It should be noted that the OGC cannot represent individual students in these matters, they just have the unpleasant task of explaining to parents what illegal downloading is and that their child is being sued for doing it."
"Drexel was notified on March 3rd of the 14 impending lawsuits and is currently awaiting information from the RIAA on their 'pre-notice plan' that allows students to settle claims before a formal lawsuit is filed," said Laure Bachich Ergin, senior associate general counsel and managing attorney.
Roughly 400 of the current round of RIAA lawsuits are against college students, according to Drexel University's Office of the General Counsel. The incidents occurred in January and February and at this point, the RIAA has sent a list of 14 IP addresses, which are used to identify computers, to the University. No other action has been taken and the students are not being sued yet. The University is now waiting for a letter from the RIAA that they will forward to the students that tells them that they have been named by the RIAA for illegal file sharing, and that they are being given an opportunity to settle.
After a student's computer is identified for illegal file sharing, the Information Resources and Technology department turns off the student's ResNet port and disables their network connections. Then, they are referred to judicial affairs and are sanctioned.
"We are giving students an opportunity to settle," Ergin said. "We will not refer students to the RIAA without a subpoena."
Over the past two years, the RIAA has filed approximately 36 lawsuits against individuals who engage in illegal file sharing of copyrighted materials. In those cases, the RIAA filed "John Doe" lawsuits based on IP addresses and would then subpoena Drexel for the identities of the students associated with those IP addresses, according to OGC.
"Those students, after being notified by Drexel, had the unpleasant choice of either hiring an attorney to defend them in federal court or paying the RIAA $3,600 to settle the case," Ergin said. "It should be noted that the OGC cannot represent individual students in these matters, they just have the unpleasant task of explaining to parents what illegal downloading is and that their child is being sued for doing it."
Viewing Comments 1 - 4 of 4
Tobey Oxholm, General Counsel
posted 3/17/07 @ 11:15 AM EST
Dan Steinberg is right, of course: it would be terrific if new modalities were developed by the recording industry. But the bottom line today is that any student who takes someone else's copyrighted music and shares it with others is considered a thief; and for RIAA, it's now an easy thing for them to prosecute - all the forms are written, the processes in place, the attorneys ready to go. (Continued…)
Pat Nolan, disgruntled consumer
posted 3/17/07 @ 5:00 PM EST
I never downloaded music from the internet until the RIAA started attacking people for it. Then I learn about mp3s and started learning about downloading music. (Continued…)
Jason Cusack
posted 3/27/07 @ 11:54 AM EST
I thought I had accidentally found my way into the news archives when I saw this story. While I feel empathy for the defendants, there is also a level of incredulity. (Continued…)
Andrew Meinert
posted 3/28/07 @ 11:26 AM EST
Drexel should take the same stand as the University of Maine and the University of Wisconsin-Madison and refuse to forward these settlement letters without a subpoena. (Continued…)
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