RIAA Says Accused Students Are Settling

As we've been reporting, the RIAA has been offering settlements to college students suspected of sharing music online. Reader Weather Storm notes that more than a quarter of the alleged music pirates have accepted the RIAA's offer. Quoting: "...an attorney Ohio University arranged to meet with its students... said $3,000 is the standard settlement offer, though cases have settled for as much as $5,000."

Comments

hrmm

[Mowie_X]

What choice do they have but to settle really? Unfortunately the RIAA can throw mountains of money into any legal proceeding, what's Joe Pirate to do :) ?

Re:hrmm

[Seumas]

Yeah, I don't see why the RIAA is bragging about this. It seems more like a great example of their rampant abuse of the legal system and young people. If you have a team of lawyers that you spend tens of millions of dollars on each year sending me a threat that you will take me to court for millions of dollars unless I pay you $5,000 -- I'm going to pay you the $5,000. No matter how justified I may feel I am and no matter how completely innocent of any accusation I may be, the $5,000 is probably a tenth the cost I will end up spending on a lawyer and there is little chance that lawyer will be able to appropriately defend me against a team of lawyers who spend $5,000 on their combined lunches.

As I've said before, guilt and innocent have nothing to do with the law. It's all about who can afford the best lawyer. And, unfortunately, in most cases it's a matter of who can afford a lawyer *period*. That is the same reason that only famous and rich people can afford to go to court when someone slanders or libels them or violates their copyrights. Who wants to spend the thousands of dollars or tens of thousands of dollars to take someone to court who has a big, fat, malicious mouth but no money with which to compensate even when you win?

So, when it comes down to it, monetary status dictates that the RIAA is correct and the accused are - indeed - guilty.

Re:hrmm

[dreadknought]

Live a life on the seas and shoot cannonballs into the RIAA's, Sony's, BMG's, et al headquarters?

There, fixed that for you. We have to remember to target more of our hatred at the record companies themselves, rather than the RIAA, otherwise the record companies get off scot free.

Re:hrmm

[Gazzonyx]

If you have a team of lawyers that you spend tens of millions of dollars on each year sending me a threat that you will take me to court for millions of dollars unless I pay you $5,000 -- I'm going to pay you the $5,000. No matter how justified I may feel I am and no matter how completely innocent of any accusation I may be, the $5,000 is probably a tenth the cost I will end up spending on a lawyer and there is little chance that lawyer will be able to appropriately defend me against a team of lawyers who spend $5,000 on their combined lunches.

I understand this, and I think that's how most people view it. I was, however, thinking about this the other night, and I think that if they sent me a letter, I'd fight it. I don't steal anything anymore (within the spirit of the law, sometimes not within the letter (I have multiple backups of CDs I've bought, stuff like that)) - I'm a Christian. Although I did, admittingly, have a shady past. However, stealing was the least of my crimes.

I would have to get the money from somewhere, or I would represent myself. I know, anyone representing themselves has a fool for their council... But, I would fight it for a few reasons. I don't like being called a criminal; especially by cowards. I don't think you should take the credit or the blame for something you didn't do unless it is for the good of the greater. Furthermore, I think that I could, strictly on technical grounds, defend myself quite well. I'm confident in my skills (Software development major), and I could probably rip apart any 'expert' who would allow themselves to be hired by the RIAA. They would probably beat me into the ground on the political front, although, I think that I could use my technical ability and the hacker (not cracker!)community as a great platform. I could easily show that I have no motive; I use Ruckus and have all the free music I'd like. Lastly, I have a rack of all the original CD's I've bought, (except one which I lost years ago, although I have the album in MP3 - spirit of the law, not letter) as well as my email reciepts for the music I've bought on iTunes.

I just don't think they could really establish me as a pirate. It would take a lot to try to make up that pattern of behavior. That, and, if I got a letter, it would be a wrongful accusation since I don't pirate to begin with.

But mostly, I just couldn't live with myself if I backed down to a bully. Granted, I'd most likely lose, but I'd still know that I showed more spine than a good percentage of the populace. I guess it boils down to it being a personal issue. I guess it would be worth it for me to lose everything I have (broke college student: all I really own is old hardware that I keep fixing to get by) simply to send the RIAA the message that not everyone is spineless, and not everyone is a criminal. What do you do when confronted by bullies? Drop the biggest one as fast as possible and hope the rest leave. As the quote goes, "nothing asserts authority so much as silence".

I understand those who buckle simply because they really do have something to lose; sometimes what you stand for has to take a back seat to providing for your family. The idealist would say no, but we can all be extorted when the right pressure point is found. I happen to be in a position where I can't afford $3K, I don't really have any possessions; for me giving in would be a 'loss', whereas fighting and losing in court would be more akin to a 'tie'.

I guess it's a matter of heart in a head-on collision with the reality of the world we live in. I'm sure I'd fold if they could find the right button to push; but it's very unlikely at this point in time.

Never mind the pirates

[Anonymous Coward]

Even the innocent will settle. The only people who stand a chance are those who are so obviously innocent that the RIAA case against them is ridiculous. If you're a 95 year old illiterate, non-computer-owner there is still a chance that the RIAA will come after you because somebody with the same name lives within twenty miles of you. The RIAA will continue to push the charges even after they should know they have no basis because most people won't/can't afford to fight back.

If there is ANY chance that you could be guilty, you don't stand a chance no matter how innocent you are.

I have a question

[dcavanaugh]

If "More than a quarter of the alleged music pirates have accepted the RIAA's offer", what are the other 74.9% doing?

iTunes

[sm62704]

Today I was in a bar and a middle aged couple I know were asking me about their computer. She works for a local public school and needed to access her school email account. She thought since they were Apple and she had Dell she needed some sort of specialized Apple software to check ger mail (hang in there, this really is on topic). She uses Yahoo's web based mail at home. I explained that email was email and computer brand had nothing to do with it and she just needed an email client and suggested Thunderbird.

Then she asked about Kazaa. I suggested Morpheus because you can download your music into a folder other than her shared folder, and explained the RIAA lawsuits and how the music industry had the world's sleaziest people.

They had been bar owners and had had dealings with ASCAP, who wanted money from both them AND the kareoke people. They wanted money even after they got rid of the bar!

Amyway, it turns out that they were using iTunes at her school; she thought iTunes and Kazaa were the same! Most normal people (not you or me, obviously) have no clue about any of this shit.

They know all about how our government is for sale to the RIAA, though, having been bar owners before.

Don't these damned college kids vote? Look, if you don't vote, get off my lawn you damned kids!