Student may fight RIAA on file-sharing
Chris Yu
Issue date: 2/29/08 Section: News
The university keeps students' names confidential unless the RIAA issues a subpoena, which they do only if the student refuses to settle.
OIT forwarded her an e-mail from the RIAA that told her she could settle out of court for $3,000. She balked at the cost.
"At that point, I had never heard about this," she said. "If I rob a store, I wouldn't be fined this amount of money."
Jessica hopes the case will never make it to trial. If it does, she could pay between $750 and $30,000 for each file she downloaded illegally, said Anne Bowden, University Counsel. But the penalty can be up to $150,000 per file if the court finds that the infringement is deliberate. Conversely, if the court sees the defendant as being unaware of the violations, then the penalty may be $200 or less per illegal download.
"I think it's ridiculous," Jessica said. "Unconstitutional."
Not everyone agrees. At the forum, many spoke out on the economic damages file sharing can pose for the music industry.
"This is taking money from my retirement," said William Montgomery, a school of music professor and chair of the University Senate. "I urge you to think of it in a more human way."
Cathy Fink, a Grammy award-winning producer, songwriter and singer, said illegal downloading will lower the quality of recordings because without an adequate budget, musicians cannot afford to use the best equipment.
"Ultimately, illegal file sharing takes money out of ... the health, well-being of artists," Fink said.
But Jessica argued that the fines the RIAA collects don't go to artists.
"My feelings have not changed on file sharing," she said. "To me, people sharing about music is a way to learn about new artists."
Jessica sought help from her father, a personal injury attorney. Though he does not know much about file sharing, he tried to negotiate for a smaller settlement, and the RIAA offered him a six-month payment plan. But it was still too expensive, Jessica said.
Calling the recording industry group "jerks," she remains staunch in her position: The RIAA, she said, will never see a penny of her money. Not only that, she added, they've lost a customer.
chrisyudbk@gmail.com
OIT forwarded her an e-mail from the RIAA that told her she could settle out of court for $3,000. She balked at the cost.
"At that point, I had never heard about this," she said. "If I rob a store, I wouldn't be fined this amount of money."
Jessica hopes the case will never make it to trial. If it does, she could pay between $750 and $30,000 for each file she downloaded illegally, said Anne Bowden, University Counsel. But the penalty can be up to $150,000 per file if the court finds that the infringement is deliberate. Conversely, if the court sees the defendant as being unaware of the violations, then the penalty may be $200 or less per illegal download.
"I think it's ridiculous," Jessica said. "Unconstitutional."
Not everyone agrees. At the forum, many spoke out on the economic damages file sharing can pose for the music industry.
"This is taking money from my retirement," said William Montgomery, a school of music professor and chair of the University Senate. "I urge you to think of it in a more human way."
Cathy Fink, a Grammy award-winning producer, songwriter and singer, said illegal downloading will lower the quality of recordings because without an adequate budget, musicians cannot afford to use the best equipment.
"Ultimately, illegal file sharing takes money out of ... the health, well-being of artists," Fink said.
But Jessica argued that the fines the RIAA collects don't go to artists.
"My feelings have not changed on file sharing," she said. "To me, people sharing about music is a way to learn about new artists."
Jessica sought help from her father, a personal injury attorney. Though he does not know much about file sharing, he tried to negotiate for a smaller settlement, and the RIAA offered him a six-month payment plan. But it was still too expensive, Jessica said.
Calling the recording industry group "jerks," she remains staunch in her position: The RIAA, she said, will never see a penny of her money. Not only that, she added, they've lost a customer.
chrisyudbk@gmail.com
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Viewing Comments 1 - 10 of 11
For reals
posted 2/29/08 @ 7:53 AM EST
Spoiled little brat. I hope they fine her millions
Sqrl
posted 2/29/08 @ 9:06 AM EST
She'll get what's coming to her, when they say file sharing is illegal it means its ILLEAGAL. Not just for some people but ALL people.
She should have paid the $3,000, I bee they make an example out of her. (Continued…)
CB
posted 2/29/08 @ 9:36 AM EST
I guess this student never heard of Jammie Thomas. She went to court against the RIAA and lost to the sum of $9,250 for each song downloaded. A total of $220,000. (Continued…)
RIAA hater
posted 2/29/08 @ 12:15 PM EST
What is with all you people? Its a shame that OIT doesn't take a stand like other Universities already has and does the dirty work for the RIAA. If you haven't been keeping up with things, judges are throwing out legal claims by the RIAA left and right these days, especially their basis for all these lawsuits, the "make available" claim. (Continued…)
RIAA hater 2
posted 2/29/08 @ 12:34 PM EST
Screw the MAFIAA and their money grubbing policies. They prey on students purely because they are easy targets. And many artists don't even get a penny of the thousands worth of damages they collect. (Continued…)
FtheRIAA
posted 2/29/08 @ 3:07 PM EST
I don't see why the RIAA doesn't just make her pay retail prices for every song that she downloaded? That makes so much more sense. Thieves.
SkrueDaRIAA
posted 2/29/08 @ 3:12 PM EST
Here is proof that the RIAA is dirty.
http://torrentfreak.com/riaa-keeps-settlement-money-080228/
Mickey
posted 2/29/08 @ 6:37 PM EST
Set me straight here. They talk about fines. Is this a civil case and not a criminal case? I don't believe any US Attorney is in the court room prosecuting a criminal case. (Continued…)
RIAA hater 5
posted 3/01/08 @ 12:44 PM EST
Good for her! I hope she counter sues the RIAA for millions! But in reality she is probably screwed.
Shawn
posted 3/01/08 @ 5:21 PM EST
I agree, good for her. I also agree that our university should do more to protect its students from these copyright bullies like other schools have:
http://arstechnica. (Continued…)
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