With RIAA, schools weigh options
Many schools comply somewhat with industry's legal requests, but some back students
· October 12, 2007, 5:00 am
College sophomore Brandon Moyse never thought Buckcherry would get him into trouble.
But when Moyse - who is also a DP sportswriter - opened his inbox last Friday, the rock band was the cause for a distressing e-mail: A message from the Recording Industry Association of America demanding that he remove one of the band's hit songs from his computer.
Over the last year, the RIAA has launched a major campaign against college students, mostly with angry e-mails and lawsuit threats.
But without being privy to the identity of student downloaders - offenses can only be tracked to IP addresses - the RIAA has found an unlikely partner in its crusade against illegal file-sharing: the universities themselves.
Since February, the RIAA has sent over 3,000 pre-litigation letters to colleges, including Penn, asking officials to match names to IP addresses and forward the settlement offers, usually totaling about $3,000, to alleged offenders.
Unless presented with a subpoena, universities have no legal obligation to participate in the campaign.
Thus far, Penn seems to be complying with the music organization: 48 Penn students have received pre-litigation letters from the RIAA, and school officials - who did not return requests for comment for this article - have agreed to forward all letters to the appropriate students, though they do wait for a subpoena before releasing the student's identity to the RIAA.
The University also gives students a warning before referring them to the Office of Student Conduct for possible disciplinary action.
Other universities have taken a firmer stance in combatting the RIAA.
The University of Wisconsin-Madison has refused to forward pre-litigation letters and also offers free legal advice to targeted students.
Brian Rust, communications manager of the IT division of the university, says passing on pre-settlement letters "makes it seem like we are complicit with the RIAA in pursuing settlement. It puts the institution in a very uncomfortable spot in terms of what kind of advice to give to the students."
And while officials at Harvard University haven't been as outspoken, the school's staff may have made a stronger stance unnecessary.
Two professors at the Harvard Law School published an article in a June newsletter telling the RIAA to "take a hike," effectively saying that universities should have no role in policing their own students.
In the string of lawsuits that began in February, Harvard students have been conspicuously left off the RIAA's target list, and many industry lawyers believe it was the two professors' public criticism that is keeping Harvard students untouched.
"Harvard isn't afraid of [the RIAA], and that's enough for them to steer clear of what might be a costly lawsuit," said Ray Beckerman, an attorney who has defended several individuals sued by the RIAA.
But even schools who stick up for their students may find themselves in trouble.
An article in The Badger Herald last week detailed the problems of one student who used the free legal advice offered by the University of Wisconsin.
School officials recommended that she wait to settle with the RIAA after receiving a pre-litigation notice, and it ended up costing her $1,000 extra once she actually reached an agreement with the organization.
Universities might also put themselves at risk for a potential lawsuit if they refuse to cooperate, said Jason Schultz, senior staff attorney for the Electronic Frontier Foundation.
Ultimately, schools might not have to a choice but to comply.
Last week, House Representatives Ric Keller and Howard McKeon introduced a clause into the College Access and Opportunity Act that would require universities with especially egregious offenders to patrol their networks for students who illegally share files.
Moyse only received a cease-and-desist letter and not the more serious pre-litigation letter that can lead to a lawsuit. Regardless, he hopes that if the RIAA returns with more threats, school officials will have his back.
"It would be nice if the University helped," he said, "but it doesn't look like they're going to."




Comments (2)
Paul Kent
December 31, 1969, 7:00 pm
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There is a culture of larceny which is to the point of offenders (sometimes the most priveledged) simply acting out what they observe to be normal behavior, and with no responsibility for the results of their actions. Those who delve into the issue (pushing buttons to take music with no compensation for the creators or the marketers) often rationalize their behavior by attacking the exploitive nature of the recording industry and talk about things like concert ticket prices making up the difference in lost sales for "artists." As a professional (for 26 years) musician now living on the west coast (who "did well" for five years as a private music teacher for the Penn, Villanova, and Philadelphia communities) I have seen numerous actions cheapen music (including, e.g., Prince recently giving away 2 million free copies of a CD in an English Sunday newspaper) and in my opinion nothing has cheapened music as much as "file sharing." Why would a musician/composer/songwriter, etc., commit himself to his art and craft for years, decades, when the first thought determining a listener's actions is if s/he can take it for free? And yes, recording companies are dirty and cheat the "artists" too (and even now are not paying royalties in many circumstances to artists even when the music is downloaded in a "protected" context: protected for the record company, that is). My prediction is that more and more talented musicians and composers will move on to fields where they can make a living without the rug being pulled out from under them over and over. Interested people should read Robert Fripp's (pro musician who has recorded & toured with and produced dozens of rock groups, musicians, etc) diaries at dgmlive.com for possible ways of working with new technologies that will at least sustain musicians, and many links to news stories (and other artists' sites)revolving around these types of issues (use the search function). My continuing thanks to the music "consumers" who support artists and teachers by investing in music and not simply taking it by pushing buttons. Please keep showing your commitment by talking up the artists that inspire and move you, writing about and reviewing their performances, playing recordings for interested friends, buying from artists' websites (when they have them) and studying and playing music yourself and with others!
Patrick Algrim
December 31, 1969, 7:00 pm
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Thats a tough topic, RIAA and colleges will never get along. http://www.columbiachronicle.com - The Columbia Chronicle
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