In the 10th wave of pre-litigation letters sent to college campuses this year, the Recording Industry Association of America sent a little more than 40 notices this month to Boston University students who were presumably caught illegally sharing files.
This is at least the third time BU community members have been sent pre-litigation settlements from the RIAA this year. Fifty pre-litigation letters were sent to students during the summer, and 46 were sent to students in March.
Although BU is toward the top of the RIAA’s list of student offenders – ranked third as of April – President Robert Brown said he does not think there has been enough public discussion about the RIAA and filesharing.
“What we are trying to do now is just get really explicit about what we have been doing, because I don’t think we have been explicit enough,” Brown said in a Nov. 30 interview.
Brown said the administration first discussed illegal filesharing policies with the University Council a few weeks ago. The discussions have involved a student angle through the incorporation of members of the Student Union Technology Committee.
“What we have is a set of laws about copyright infringement that the RIAA is trying desperately to enforce because it has to do with their industry,” Brown said. “You can argue right or wrong whether you think that their industrial model is a good model, [but] that’s not the issue. The question is how do we get compliance about obeying the law within the university?”
Market research from the RIAA shows more than half of college students illegally download music and movies. The RIAA’s Dec. 6 news release also states college students accounted for more than 1.3 billion illegal music downloads in 2006, contributing to a total $12.5 billion reported loss in revenue to the U.S. economy.
Brown said the university should work harder to educate students about the concepts of intellectual property.
“I think that we haven’t been talking about it,” Brown said. “I haven’t seen that conversation out there around the RIAA – whether or not it’s right or wrong to illegally download software, and who eventually are you hurting by doing that.”
Brown said school committees have not decided at what point students should be stripped of their IP addresses as punishment for illegal filesharing.
The most recent letters, forwarded last week by the Dean of Students Office along with a cover letter from Dean of Students Kenneth Elmore, offered students the option of paying a fine to settle out of court to avoid an RIAA lawsuit for copyright infringement. Thirty BU students have been sued by the RIAA since fall 2005.
Many of the students contacted the dean’s office for advice on how to proceed after receiving letters. When approached, the office can recommend students seek legal counseling and look at websites for information on how other people have dealt with the letters.
“Some people decide to settle. Others decide to fight it,” said Assistant to the Dean of Students Katherine Hasenauer. “It varies on a case-by-case basis.”
Next semester, the Dean of Students Office plans to host events to help educate students about the morality and legality of filesharing, following along with Brown’s plans. These events would include having an RIAA representitive visit campus.
“Students should anticipate a lot of talk about filesharing when they return to campus next spring,” Hasenauer said.
The Union Technology Committee plans to do its part by launching a website by the end of this semester with available information and links for students to inform them about the process of settling or dealing with the pre-litigation letters, said Technology Committee chairman Jonathan Pasquale.
“We are not saying filesharing is wrong, just, ‘Here’s what’s going to happen to you if you get caught,'” Pasquale said. “These letters are not legal on their own right. They are pre-supposing the entire judicial system. It’s ‘pay up’ or ‘we are coming after you.’ It’s intimidating.”
The RIAA has stated repeatedly since February it will continue to send out these letters on a monthly basis. Representatives did not want to officially comment on the issue, but The Daily Free Press obtained a copy of one of the pre-litigation settlements.
According to the letter, the Copyright Act establishes minimum damages of $750 for each song illegally shared. But if the student contacts the RIAA’s attorneys within 20 days, they will “offer to settle the claims for a significantly reduced amount.”
The attorneys also demand students stop using illegal filesharing programs immediately. According to Pasquale, BU does not give out a student’s personal information unless subpoenaed.
“My advice to people is: If you feel comfortable [settling], notify people in your family or contact legal counseling, especially someone who specializes on Internet law,” Pasquale said. “If you settle the pre-litigation agreement, there’s still a chance you will get sued.
“The RIAA sends letters every month, but not necessarily to BU,” Pasquale continued. “Look for another batch in a couple of weeks, although I don’t know if they’d be so cruel as to send them during Christmas.”