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University of Washington Will Aid RIAA
Several readers let us know that the University of Washington has announced that it will pass on RIAA settlement offer letters to students identified, presumably by IP address, as suspected file sharers. "The notices say offending students have 20 days to settle with the association by paying it about $3,000 to $5,000 or be taken to court without possibility of a settlement." The Vice Provost for Student Life sent an email to all students saying, "The University has been notified by the RIAA that we will be receiving a number of these early settlement letters. After careful consideration, we have decided to forward the letters to the alleged copyright violators."
If sharing a song makes you a pirate, what do I have to share to be a ninja?
Well, they have protected their IP righs by purchasing perpetual - and unconstitutional - copyrights from a Congress that is supposed to protect the public good. Ergo, pretty much any sympathy they may have had is gone.
Thomas Galvin
http://students.washington.edu/tor528/full_letter. html
If I think something is funny, I will probably mod it +1 Insightful. "It's funny because it's true."
For anyone who's interested, here is the e-mail the UW sent out: Dear Student: I am writing to inform you of a development that could become a serious issue for some of our students--the law governing downloading and sharing of music and video from the internet. Under copyright law, it is illegal to download or share copyrighted materials such as music or movies without the permission of the copyright owner. The Recording Industry Association of America (RIAA) in recent years has taken an aggressive approach to stopping this illegal downloading and file sharing. This has put many students at the nation's colleges and universities at some legal risk. I write first to caution you against illegally downloading or sharing files. Your actions when you do so are traceable and could result in a significant financial penalty to you. Second, I want to inform you about a new process the RIAA has initiated and the University's role in this process. The RIAA is now sending colleges and universities a letter for each instance they find of a student illegally downloading material from the internet and requesting the university to identify the individual student and forward the letter to him or her. The letter, called an "Early Settlement Letter" notifies the student that he or she has 20 days to settle with the RIAA by going to a designated website, entering identifying information, and paying a set amount, usually between $3,000 and $5,000, but sometimes considerably more. If the recipient chooses not to settle, the RIAA will file a lawsuit and the offer to settle for the amount stipulated is no longer an option. The University has been notified by the RIAA that we will be receiving a number of these early settlement letters. After careful consideration, we have decided to forward the letters to the alleged copyright violators. We do so primarily because we believe students should have the opportunity to avail themselves of the settlement option if they so choose. Not forwarding the RIAA letter to students could result in their being served with a lawsuit, with no chance to settle it beforehand. The University is unable to provide legal services to students who have violated copyright law through illegal downloading or sharing. If you receive a letter from the RIAA, we encourage you to engage a personal attorney. If you have questions, please let us know. We know how tempting it is to download music or movies and share files with your friends. But you need to know that it is illegal to do so and that the consequences can be severe. Please inform yourself of the requirements of the law and please obey it. Otherwise, it may prove costly for you and your family.
The University's job isn't to assist a private corporation nor "hide" anyone. If there is a civil violation, it is the RIAA's job to demonstrate who did it, or get a subpeona for the information. If they can't get a subpeona, then that should tell you something.
Maybe you should have actually read my initial post.
Most universities, including the one that I work for, do just that. We forward these letters from the RIAA on to the students, but we do _not_ reveal any information back to the RIAA without explicit legal action. This is not only what you're suggesting, it's standard procedure for any institution of higher education that I'm familiar with.
(Sorry if I sound a little strident, but I'm chafing at all of the "Universities are pussies selling out to The Man!!" rhetoric around here whenever this comes up. I'm not wearing jackboots, I'm not kicking down doors, but I'm also not going to defy a judge so that you can download free Usher tracks.)
--saint
- RG>
Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
My gf attends UW, and as far as I can tell from talking to her, the UW network is fairly secure and more importantly, authenticated. Use of the network requires you to log on with your personal username and password, which is logged, so a reverse lookup of a particular IP acquired at a particular date and time would be easier.
This all assumes that UW is cooperating in the lookup; if you read the letter, UW is only saying that they are forwarding the settlement letters, *not* providing the RIAA with student information. By and large, universities fight subpoenas of student information, so you're probably safe ignoring it (Mandatory: IANAL). Most schools forward the letters, few actually provide any information to the RIAA/MPAA. Speaking from experience here; I got a couple cease and desists forwarded from the MPAA while at RIT with no repercussions.
While I agree with your sentiments regarding the burden of the UoW to cooperate with legal investigations and the rights of those students to have their day in court, I feel this might be a tad unrealistic and ignoring the history of similar efforts on the part of the RIAA. The students in question are being given a choice: pay up or pay up. There is no real "out" for them. They will give into the RIAA's demands and pay the $3-5000 it is alleged they each owe or they will need to retain a lawyer and pay out the same amount (or more) to have anything close to equal representation in said court.
Whether the students in question are guilty or innocent is no longer an issue where the facet of their financial obligation is concerned. The RIAA has determined these kids will pay and pay they will.
The solution to this quandary is far more encompassing than mere bullying tactics on the part of the RIAA. It involves real problems with our legal system and the carte blanche written to organizations like the RIAA on the fact they have the most resources to lobby their interests.
Truly, this isn't even a matter of whether copyright infringement is justifiable or not or whether these students can claims some kind of "fair use". Put yourself in the UoW's place. Let's pretend you own a small business which has around 30 employees, each of which has access to a computer on your network. I walk in with credentials proclaiming me to be a lawyer for the RIAA and claim to have detected employees on YOUR network downloading illegal music. I present you with a list of IP addresses, times, and alleged network activity gathered. I then demand you provide me with the identities of all those who were on the computer, at that IP, at that time.
Do you cooperate with me? A non-state official, non-law enforcement, and with no warrant for such a search and seizure?
My answer would be "bring me a court order for this particular action and we will talk".
"Nobody knows the age of the human race, but everybody agrees that it is old enough to know better." - Unknown
I submit for your reading...Article I, Section 8, Clause 8, of the United States constitution, more commonly known as the Copyright Clause
According to your link, unauthorized reproduction or distribution of $1000 worth of works in a 180-day period crosses the line from civil infraction to criminal activity. That's not an "extreme case". Many pirates cross that line all the time. Hell, many people simply leave their music collection (which they mostly received thru piracy) open to P2P uploading 24/7. Even if your collection is only worth one dollar, 1000 people obtaining it over P2P during a 180-day period becomes criminal on your part (not theirs), since you've distributed $1000 worth of works.
-- "I never gave these stories much credence." - HAL 9000
I'm a UW student. I didn't see it, so here's the full text of the email the administration sent out: Dear Student: I am writing to inform you of a development that could become a serious issue for some of our students--the law governing downloading and sharing of music and video from the internet. Under copyright law, it is illegal to download or share copyrighted materials such as music or movies without the permission of the copyright owner. The Recording Industry Association of America (RIAA) in recent years has taken an aggressive approach to stopping this illegal downloading and file sharing. This has put many students at the nation's colleges and universities at some legal risk. I write first to caution you against illegally downloading or sharing files. Your actions when you do so are traceable and could result in a significant financial penalty to you. Second, I want to inform you about a new process the RIAA has initiated and the University's role in this process. The RIAA is now sending colleges and universities a letter for each instance they find of a student illegally downloading material from the internet and requesting the university to identify the individual student and forward the letter to him or her. The letter, called an "Early Settlement Letter" notifies the student that he or she has 20 days to settle with the RIAA by going to a designated website, entering identifying information, and paying a set amount, usually between $3,000 and $5,000, but sometimes considerably more. If the recipient chooses not to settle, the RIAA will file a lawsuit and the offer to settle for the amount stipulated is no longer an option. The University has been notified by the RIAA that we will be receiving a number of these early settlement letters. After careful consideration, we have decided to forward the letters to the alleged copyright violators. We do so primarily because we believe students should have the opportunity to avail themselves of the settlement option if they so choose. Not forwarding the RIAA letter to students could result in their being served with a lawsuit, with no chance to settle it beforehand. The University is unable to provide legal services to students who have violated copyright law through illegal downloading or sharing. If you receive a letter from the RIAA, we encourage you to engage a personal attorney. If you have questions, please let us know. We know how tempting it is to download music or movies and share files with your friends. But you need to know that it is illegal to do so and that the consequences can be severe. Please inform yourself of the requirements of the law and please obey it. Otherwise, it may prove costly for you and your family. Sincerely yours, Vice Provost for Student Life
"Righteous speed demon and trust fund party darling of justice"
How the RIAA Litigation Process Works
There's also an excellent overview of this here, entitled: The RIAA vs. John Doe, a layperson's guide to filesharing lawsuits.
IMHO, these should be required reading for anyone who is hit by these lawsuits. If you want the real condensed version, it is this (from the second link):
"The best advice if you are sued by the RIAA is to quickly retain a lawyer who has some experience dealing with RIAA cases. Having knowledgeable council early on won't stop the process from being difficult, but can give you a better chance of protecting your rights."
Finally, here's another article that Ray has put together, on a Directory of Lawyers Defending Against RIAA Lawsuits
I got the latter from the second article. I have no idea if there are defensive legal strategies that any students can employ before they get a letter from the RIAA, but it would be interesting and useful if a skilled lawyer could make the University think twice before just bending over for the RIAA.
The best way to predict the future is to create it. - Peter Drucker.