Recording Industry Follows Through on Threats to Sue
Summary: Maryland residents are latest targets of record industry lawsuits aimed at stopping digital music file sharing
Last week, the Recording Industry Association of America (RIAA) sent 403 pre-litigation settlement letters to 22 universities, including the University of Maryland - College Park, alleging illegal copying and distribution of RIAA-member copyrighted sound (music) recordings. In addition to the letters, the RIAA filed 24 copyright infringement lawsuits against previous recipients of pre-litigation letters who allegedly ignored "settlement opportunities." According to an RIAA statement, the lawsuits were filed in federal courts against students, including students reportedly attending the University of Maryland. As shown below, two of the lawsuits were filed in the District Court for the District of Maryland by Matthew J. Oppenheim, Esq., RIAA's lawyer (and a Maryland resident himself, according to public property records).
One of Mr. Oppenheim's lawsuits, BMG Music et al v. Norwood, 07cv02480 (D. Md. 2007), was served on Sarah Norwood, a St. Leonard, MD (Calvert County), resident (according to RIAA's complaint). The suit is predicated solely on a claim that on April 28, 2007, Ms. Norwood distributed 377 audio files over the Gnutella peer-to-peer network from a computer having the IP address 69.251.74.83 (which is a Comcast.net IP address: click here to see for yourself).
The Record Industry vs The People blog describes what happens during RIAA-initiated litigation, which could best be described as somewhat heavy handed. Here's how the authors of the blog describe the "settlement opportunities":
"After getting the name and address of the person who paid for the internet access account, they then send him or her a letter demanding a "settlement".
Their settlement is usually for $3750, non-negotiable, and contains numerous one-sided and unusual provisions, such as a representation that peer to peer file sharing of copyrighted music is a copyright infringement (a representation that is far too broad, undoubtedly there are 'sharing' behaviors with digital files, as there are with cd's, that are not copyright infringements). Even certain innocuous provisions, worded in a way to make them obligations of the defendant but not the RIAA, are deemed 'non-negotiable'. At bottom, the settlement is cold comfort to the defendant, because it does not speak for the other potential plaintiffs -- the owners of the copyrighted work, or the other record companies not represented by the RIAA litigation fund. That this omission is significant is illustrated by the new wave of copyright enforcement actions by music publishers against guitar tablature sites. There is nothing to prevent them from suing the individuals who have settled with the RIAA over the sound recording rights.
The newest wrinkle in the RIAA's pre-litigation settlement strategy is to encourage "early settlements" prior to commencement of a litigation. The RIAA has even set up a web site where people can go to make these settlements. The RIAA has stated that the settlements will be for a $1000 or more less than otherwise. However the first such settlement we have heard of is for $3500, which is only $250 less. We have heard of $3000 settlements being "offered" to college students. The RIAA has opened this initiative on two fronts, (1) the ISP's, and (2) colleges and universities. Some colleges have cooperated, forwarding the RIAA letters to the students, some have not. It remains to be seen how the ISP's will react.
The other Maryland lawsuit initiated by the RIAA and Mr. Oppenheim is captioned Warner Bros. Records et al v. Nwosu, 07cv02479 (D. Md. 2007), which pits RIAA members against Ms. Nnenna Nwosu, who, according to RIAA's complaint, is a College Park resident.
What continues to intrique many who follow the RIAA's legal blitz, which has reportedly targeted close to 23,000 individuals over the last four years, is how unresponsive downloaders are to the industry's threats on the one hand, and how slow (reluctant?) the recording industry is to create a new paradigm for generating revenues from its copyrighted sound recordings in the face of continued file sharing on the other. Kevin Robillard's recent article entitled "University Network Still the Wild, Wild West," published in the University of Maryland's The Diamondback, is reflective of the attitudes among college students: they remain devotees of illegal file sharing, many of whom say it's unlikely they will ever purchase legal copies of music. What does that say about the relationship the RIAA's litigation arm has created with one of the music industry's largest consumer groups?
Comments:
