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How much should an illegally shared song cost? According to a recent federal jury decision, $9,250.

Last October, a district court ordered Minnesota native Jammie Thomas to pay the Recording Industry Association of America (RIAA) $222,000 for illegally sharing 24 music tracks.

That's right, folks; if Ms. Thomas had walked into the building and shot an RIAA spokesperson in the foot, she'd likely have had to pay less than she was ordered to for sharing an album's worth of songs.

Decisions like these - as well as the RIAA's aggressive tactics in delivering pre-litigation letters to people that may or may not actually be guilty of a crime - have inspired a fierce backlash. In particular, the RIAA's targeting of college students is meeting resistance from a growing coalition of activists, lawyers, and universities.

The Universities of Oregon and Nebraska-Lincoln, as well as the College of William and Mary, have questioned their obligation to help deliver pre-litigation letters and subpoenas. Harvard - the only Ivy institution to remain free from RIAA aggression - also boasts a law school whose faculty remains deeply opposed to the RIAA's tactics. Their resistance has resulted in mounting success, and other schools are considering following suit.

Penn is not among their number.

According to Rob Nelson, an administrator in the Office of the Provost who helps guide University policy with the RIAA, Penn's current stance is one born of caution. Schools like the University of Wisconsin originally refused to forward pre-litigation letters to their students - and have since been forced to hand them subpoenas instead.

In total, our University has delivered 114 pre-litigation letters. There's little recourse available to a letter recipient; letters carry a minimum settlement of $3,000, and fees ramp up quickly. The RIAA urges recipients to contact the organization immediately, but in doing so, the recipient reveals his or her identity.

If a student goes so far as to fight a subpoena, the potential challenger faces thousands of dollars in potential legal costs. It's little wonder, then, that most of the 30,000 recipients of RIAA pre-litigation letters have agreed to settle out of court.

The file sharing of copyrighted material is wrong, but it makes no sense that the unauthorized transfer of a 99-cent song should cost students a bare minimum of $3,000. Such a system smacks of greed, and Penn's complacency is tantamount to its tacit approval.

An ITA who spoke with me on condition of anonymity highlighted some flaws in the RIAA's crusade. Those targeted by pre-litigation letters may not be responsible for any illegal action; IP addresses, the RIAA's tool for tracking law-breakers, can be shared between residents of a dorm room, or accessed temporarily by guests. Additionally, songs placed on a P2P network may never actually be downloaded, hence never being "shared" at all.

The RIAA employs dozens of attorneys, as well as the full power of the Digital Millennium Copyright Act, which stipulates fines of up to $150,000 per illegally shared file. A pre-litigation letter may offer a no-win solution, but most recipients would rather pay a quick settlement than gamble their financial futures.

Take the January case of Cliff Thompson, a San Antonio man who refused to settle a litigation notice with the RIAA and went to court to prove his innocence. The RIAA dismissed its case after determining the defendant was not at fault - but the court ruled that Mr. Thompson was still responsible for the entirety of his legal fees. He's appealing the decision.

The RIAA's university crusade shows no sign of abating. In April, the organization fired another salvo of university pre-litigation letters. Attorney Ray Beckerman - one of the RIAA's loudest critics - recently faced legal sanctions for what the RIAA claimed was, "vexatious conduct [demeaning] the integrity of these judicial proceedings."

But resistance continues to mount. University of Maine law students are offering help to those on their campus targeted by pre-litigation letters. And just this month, a district judge overturned Ms. Thomas' $222,000 fine and declared her case a mistrial. These are small steps - but they are most certainly in the right direction.

As for Penn, its role in RIAA litigation is misguided. Illegal file sharing is a crime, but the system behind it - one in which students can face astronomical fines or crippling legal fees - is broken beyond repair.

So long as the University continues to act as an extension of the RIAA, it will remain part of the problem - and do its students a grave disservice.

Emerson Brooking is a College sophomore from Turnerville, Ga. His e-mail address is brooking@dailypennsylvanian.com. Southern Comfort runs on alternating Tuesdays.

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