Univ. Help Desk Staffer Extorts Over Copyright Violations
McGruber writes "The Atlanta fishwrap is reporting that an University of Georgia 'IT security support' employee was accusing students of copyright violations, then demanding money to clear their names. Sounds like he's been caught stealing the RIAA business model."
I don't know about UGA, but when I went to college all students were covered with free lawyers and lawyers-in-training from the law school on campus for any dispute that didn't involve the university. They helped me fight off an MPAA attack when they didn't like my posting on Slashdot.
It should be a selling point to students that they'll be okay if they just need a little help by proving they did nothing wrong. Again, what side is UGA on here?
If you own the content and threaten to sue, it's good business. If you don't own the content and threaten to help someone sue, it's extortion.
The blackmail is despicable. But the whitemail is hardly pristine.
-- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
This is actually a pretty common scam.
1. Find something that the target group is aware of that "threatens" them
2. Build up a cover that you are in a position to make that happen to them sooner
3. Claim you can make it go away for $$$. Enough so you make some money, but low enough that the target can scrounge it up.
3. ALTERNATE Pretend to be on the targets side. Say you can call a guy and do them a favor and be all sly and help a brother out for a few bucks compared to massive fines or legal action.
4. Cover your tracks and don't get too greedy and be ready to drop and run. This is where the guy in the article failed.
5. Profit
...and I think it's "asshole". Wow, what a jerk.
That said, this is the sort of situation that inevitably arises when violating the law. If you steal cars, and someone steals your stolen goods -- or tries to extort protection money from you, who are you going to call? A considerable proportion of organized crime exists because of this quandary. Ergo, my guess is that the lid was blown off this situation when the miscreant, probably carelessly, tried to lean on a student who wasn't actually pirating anything.
Proud member of the Weirdo-American community.
In a related issue, I recently had an eBay listing pulled, stating that a copyright holder had ordered it to be taken down for violating their copyright. It was in fact an original, unopened DVD package (not salable through Half.com). Not an unlawful copy, and explicitly allowed by the first-sale doctrine, which is part of US copyright law. I contacted eBay and they gave me an e-mail address to contact the "Verified Rights Owner (VeRO)", who has an agreement with eBay that requires them not to abuse their power to take down listings.
In this case, the VeRO is well-known for taking down legitimate listings in order to ensure that nobody buys their product second-hand. The VeRO, of course, has zero incentive to do any investigation into whether they were incorrect, since (a) they already got their cookies by eliminating a market competitor and (b) eBay will not do anything about it if they were wrong. In my case, the VeRO contact person actually bragged to me about taking down "hundreds of listings every day."
I've heard of similar stories involving other VeROs. The best part is that you can't relist the item safely, since it'll get taken down again and eBay will be happy to revoke your account if you have a couple of strikes for "copyright violation." It's a really crummy deal, but it's part of the copyright idiocy that we live with today. If you run a used bookstore or music store, I hope you have a good insurance policy and a lawyer on retainer. Someone is going to come in with the torches any day to make sure that people only buy new copies of their content. If we could do this to make other consumer goods more rapidly consumed, we'd be a step closer to a Brave New World.
Not sure who's on crack, but I disagree with you. His job from your quote was monitoring, which says nothing about "making copyright accusations" and certainly not extorting the students. So the GP (your parent) is more correct in my book.
The GGP seems to think that just because the students are paying tuition that the university should just turn a blind eye to illegal activity on their network? That just doesn't make sense. Whether or not you think it should be illegal is another thing, but the school certainly has every right to monitor their networks.
If there is a position at a University created to monitor copyright violations, are they not acknowledging a copyright violation on their network is their responsibility and if violated can now be held accountable? (Please forgive my English, its my primary language)
For those who don't know...the setup with academic institutions (maybe tied to some payment/government funds/agreement) is that all the RIAA has to do is send them a letter with the IP and content. The school will then go and find the kid and give them some sort of a slap on the wrist and tell them not to do it again. At my university, they kicked you off the network until you talked to the assistant dean of students. First offense was a slap on the wrist (delivered with the apathetic "yeah...we have to do this...its wrong...don't do it again" that you would expect). Second offense was a $2000 fine. Third offense was unclear but involved a disciplinary hearing...doubt anyone ever got past the second offense.
Compare this to how it works with a normal ISP: RIAA sends a letter with IP and content, ISP says "wtf is this?", RIAA says "we want their info", ISP says "as soon as you have a court order". ISP's have a bottom line to worry about and aren't going to pay someone to do what universities do (and their service agreements probably prevent it) and they are not going to turn over customer information without a subpoena (well...in theory). At the same time, the RIAA is not going to waste lawyer dollars getting a subpoena for every single infringer. It is much easier to spend the lawyer dollars writing letters to offenders with IP's in an academic institutions block--it kicks off one filesharer and scares them and their friends into being more careful in the future since they know that someone can see what they are doing.
Bottles.
THIS particular system is protected by the law - the college has no case against Dehelean
Don't believe me? Look at http://www.bsa.org/