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RIAA Adds 23 Colleges to Hit List, Avoids Harvard
NewYorkCountryLawyer writes "The RIAA has added 23 new colleges and universities to its hit list, but deliberately omitted Harvard, apparently afraid of the reaction it's likely to get there, having been told by 2 Harvard law professors to take a hike. 'Under the new scheme, the RIAA sends out what it calls 'pre-litigation' settlement letters. Actually, they're self-incrimination documents and they're designed to extort preset amounts of around $3,000 from students with the empty promise that by paying up, they'll remove the threat of being hauled into court on charges of copyright infringement. In reality, all the students are doing is providing the RIAA with personal and private information which can conceivably be used against them ...'"
This is nothing short of extortion. I never download music w/o paying for it, but now this just makes me want to bleed them to death by a thousand cuts--or megabytes.
You know what? If you all actually cared, you'd be spending less time on WoW, and more time writing your senators/organizing festivals to educate the public/burning crosses/whatever it takes. It is obvious the court system doesn't have a clue about the whole picture... how many of them do you think read slashdot a day? Probably -2. They need to get the info from somewhere. Make it common knowledge.
"When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
The universities are: State University of New York at Morrisville, Georgia Institute of Technology, Pennsylvania State University, University of Central Arkansas, University of Delaware, Northern Michigan University, Rensselaer Polytechnic Institute, George Washington University, Ohio State University, New Mexico State University, Eckerd College, University of Minnesota, California State University - Monterey Bay, University of Kansas, University of Missouri - Rolla, University of San Francisco, Case Western Reserve University, Northern Arizona University, San Francisco State University, University of Tulsa, Franklin and Marshall College, Western Kentucky University, and the Santa Clara University.
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I work as an undergrad for the IT office of one of the universities near the top of the hitlist, and I've personally read the letters that they send. To actually read the letter in person really gives you the feeling like "Holy Hell, they're actually doing this." The letters are such bullshit, and it is obviously just a scam to save them the legal fees of taking people to court. The sad thing is that its working for them, and for backwards reasons; In the first batch our school received (which was about 30 letters), only one student didn't respond to the letter. They got sued, and i assume had to pay up in the end. The RIAA got 30 people's worth of payout from the cost of one court battle. Even if they lost that case, they still wound up with 29 payouts for the cost of 1. I'm sure if no one responded that some people wouldn't be sued, but who wants to take that risk? While i have a problem with the strong arm court tactics they've been taking in the past few years, at least the "sue everyone" tactic was still properly using the legal system to resolve their disputes. However, these letters are extortion, and its that simple.
As I mentioned in a previous reply, I work for the IT office for one of the universities. Apparently the RIAA has been lobbying congress (duh), as we also received a 20-something page letter from congress which essentially slaps our wrist for being such a naughty school for allowing our students to be such heinous criminals, and provides us with a survey to gauge how we prevent students from committing these crimes. I believe the letter was also sent to all of the top 10 schools in the country. The survey asks questions about how much we limit/filter student access to the internet, whether we monitor student access, whether we report illegal activities, what sort of punishment we inflict on students who get a DMCA complaint, etc. The wording of the letter also seemed to suggest that schools should actually be doing these things. For the record, my school does none of those things, and everyone in the the whole IT and Network office building scoffed at the idea. It's a place of learning, not a prison. I really get the feeling that the RIAA's direct dealings with schools and students wont be a problem in the future if they can somehow convince congress to make it required that schools monitor student access, and prevent students from using certain applications.
Elsewhere on the website, Mike O'Donnell, a University of Chicago law professor, gives a good discussion of why the RIAA's policy of identifying people solely by their "unique" IP address is a load of crap. I'm honestly surprised more people haven't used this kind of a defense when the RIAA targets them. Maybe it's because it's not well-known knowledge yet?
In any case, I'm glad that I'm living off-campus next year as my university is on that list and is now notorious for its one strike policy. WTF is up with the idiots in Kansas anyways?
Just like how they "deliberately omitted" the 5,673 other schools not in the list of 23 they didn't omit?
Seems strange to assume that the RIAA is scared just because they picked other targets. They're choices in every other instance seem completely random, why would this one be any different?
This is like saying that MIT is "conspicuously absent" and claiming it is because MIT refused to log traffic for the RIAA on their internal network because of the sheer technical insanity of the request. Correlation != causation.
A mafia gang providing high-priced laundry services to a hotel is still extortion if the Feds can prove that cheaper laundry services were the norm in every other laundry company in the same street.
Similarly, if RIAA tries to sue the student, the student can claim extortion based on false information, even if the student had been downloading music and sharing the same.
The law works for the student's benefit too.
Get a lawer like Ray Beckermann (am not benefitted by this recommendation), or someone good enough and sue RIAA under RICO for sending threatening letters demanding payment.
You don't even need to understand the language written, just highlight words like "sue", "$3000", "failure to pay", etc. with a highlighter and say to the Judge that you received an anonymous note under your door and demand protection.
"Doing what i can, with what i have." ~ Burt Gummer
When you wish to take somebody to civil court you must first show them your intention to do so.
You must clearly state your grounds for claim and allow the other party reasonable time (weeks to months, usually) to either counter your argument or settle your claim.
If the other party disputes your claim you should attempt to resolve the issue by negotiation before you file. If you make it to court without proof that you attempted to negotiate and the other party claims you refused to enter into negotiations you'll usually get ordered to seek mediation and lose costs as well.
If you have not made steps to solve the matter out of court then you usually cannot take anyone to the civil court. There are, of course, a few exceptions to this rule. This rule exists to prevent every RIAA, Dick and Head from suing every random person for which they can find a name and residential address.
"pre-litigation" letters are the first step before even attending the court registry to file papers.
That said, you also need to be able to identify the person(s)/entity you are filing against along with their residential address. An IP address is not sufficient information to do that. This seems like another RIAA scheme to kill two birds with one stone; fish for information about IP address holders and also cover the pre-litigation step required to actually haul them into the court.
With all that's going on in this industry it makes me sad that so much is being invested in tracking down people who download copyrighted music and movies yet there's millions of unsolved actual crimes including kidnapping, rape and murder each year. What about the drug dealers on the streets?
Q: Why aren't we investing more time and money into catching all the really bad bastards?
A: Because it doesn't help corporate suit-wearing wankers get ever fatter pockets and make ever larger "donations" (s/donations/bribes/) to candidates.
I drink to make other people interesting!
Only if we're surprised to think that people can lie, cheat, threaten, and extort college kids, generally one of the poorest demographics around, for the sake of a couple thousand dollars when they already make millions/billions.
In other words, as much as I'd like to be, I can't say I'm shocked in the least. At this point, the MAFIAA is little more than an extortion ring, trying to squeeze money from wherever you can. "Well, Mr. Dean, you have such a lovely list of students at this college. It'd be a SHAME if a dozen of them were to suddenly drop out because they were sued into oblivion, all because you wouldn't cooperate..."
This isn't about copyright anymore. This isn't about Intellectual Property anymore. This is about a group of thugs in suits trying to use the judicial system to make a quick buck wherever and whenever they can, regardless of the legality or morality of it.