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Two students sued for illegal downloading
by Rachel Marder
Senior Editor
News | 7/12/07
Posted online at 3:22 AM EST on 7/12/07
/ Last updated at 10:37 AM EST on 7/12/07
Two Brandeis students are facing lawsuits for copyright infringement in federal district court filed by the Recording Industry of Association of America, according to an RIAA press release.
The claim was filed June 14, the release stated.
It's become the RIAA's practice to send "prelitigation letters" to university network users each month in hopes of deterring the illegal downloading of copyrighted material on file-sharing networks. These letters warn of the legal repercussions of downloading and inform students of a 20-day period during which they can pay the RIAA a "discounted rate" to settle the case, an RIAA spokesperson told the Justice.
Of the 15 Brandeis students who received letters from the RIAA last month, all but two settled within the prelitigation phase. Thirteen universities received letters last month for 400 users that the RIAA charged with illegal activity.
One Brandeis student who received a prelitigation letter said that after consulting a lawyer she agreed to pay the requested sum of $3,000 to the RIAA. She said RIAA officials refused to negotiate any lower.
"I worked so hard throughout my Brandeis career and only to find out that this happened greatly stressed me out. However, since it has been taken care of, I am just relieved that it is over and I wish to put it behind me," she wrote in an e-mail to the Justice last month.
RIAA President Cary Sherman said individuals can be sued for between $750 and $150,000 per song infringed.
Out-of-court settlements in early May 2005 ranged from $12,000 to $17,000, though many previous cases were settled for about $3,000.
Among the 91 college students the RIAA sued that May, eight were from Brandeis.
If students settle outside of court, the charge doesn't appear on their record, the RIAA representative said.
Following the 20 days to settle outside of court, the RIAA can subpoena the University for the name of the network user and contact the student directly to settle at a higher rate. If a settlement isn't reached, the RIAA's policy is to proceed with the case, now filed under the student's name.
The claim was filed June 14, the release stated.
It's become the RIAA's practice to send "prelitigation letters" to university network users each month in hopes of deterring the illegal downloading of copyrighted material on file-sharing networks. These letters warn of the legal repercussions of downloading and inform students of a 20-day period during which they can pay the RIAA a "discounted rate" to settle the case, an RIAA spokesperson told the Justice.
Of the 15 Brandeis students who received letters from the RIAA last month, all but two settled within the prelitigation phase. Thirteen universities received letters last month for 400 users that the RIAA charged with illegal activity.
One Brandeis student who received a prelitigation letter said that after consulting a lawyer she agreed to pay the requested sum of $3,000 to the RIAA. She said RIAA officials refused to negotiate any lower.
"I worked so hard throughout my Brandeis career and only to find out that this happened greatly stressed me out. However, since it has been taken care of, I am just relieved that it is over and I wish to put it behind me," she wrote in an e-mail to the Justice last month.
RIAA President Cary Sherman said individuals can be sued for between $750 and $150,000 per song infringed.
Out-of-court settlements in early May 2005 ranged from $12,000 to $17,000, though many previous cases were settled for about $3,000.
Among the 91 college students the RIAA sued that May, eight were from Brandeis.
If students settle outside of court, the charge doesn't appear on their record, the RIAA representative said.
Following the 20 days to settle outside of court, the RIAA can subpoena the University for the name of the network user and contact the student directly to settle at a higher rate. If a settlement isn't reached, the RIAA's policy is to proceed with the case, now filed under the student's name.
Viewing Comments 1 - 3 of 3
Paul Levinson
posted 7/13/07 @ 1:55 PM EST
Good reporting. paullevinson.blogspot.com/2007/07/riaas-monstrous-legacy.html
David
posted 7/14/07 @ 10:38 PM EST
The methods used by the RIAA to obtain subpoenas has been shown to be illegal, and their evidence is based on assumptions, that are in most cases, simply not true. (Continued…)
James Sanders
posted 7/16/07 @ 1:43 PM EST
Can you guys change the headline. "Illegal downloading" implies it's criminal. It's not. DMCA is a civil law. More accurately it should be either "sued for alleged piracy" or "sued for violating DMCA"
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