University of Washington Will Aid RIAA 406
Several readers let us know that the University of Washington has announced that it will pass on RIAA settlement offer letters to students identified, presumably by IP address, as suspected file sharers. "The notices say offending students have 20 days to settle with the association by paying it about $3,000 to $5,000 or be taken to court without possibility of a settlement." The Vice Provost for Student Life sent an email to all students saying, "The University has been notified by the RIAA that we will be receiving a number of these early settlement letters. After careful consideration, we have decided to forward the letters to the alleged copyright violators."
Dont blame the UW just yet (Score:3, Informative)
Re:How should the RIAA defend itself? (Score:4, Informative)
Well, they have protected their IP righs by purchasing perpetual - and unconstitutional - copyrights from a Congress that is supposed to protect the public good. Ergo, pretty much any sympathy they may have had is gone.
Link to full text of letter sent to students (Score:5, Informative)
original e-mail (Score:3, Informative)
Re:Forwarding, not revealing. (Score:4, Informative)
Maybe you should have actually read my initial post.
Most universities, including the one that I work for, do just that. We forward these letters from the RIAA on to the students, but we do _not_ reveal any information back to the RIAA without explicit legal action. This is not only what you're suggesting, it's standard procedure for any institution of higher education that I'm familiar with.
(Sorry if I sound a little strident, but I'm chafing at all of the "Universities are pussies selling out to The Man!!" rhetoric around here whenever this comes up. I'm not wearing jackboots, I'm not kicking down doors, but I'm also not going to defy a judge so that you can download free Usher tracks.)
--saint
Re:This just in... (Score:4, Informative)
- RG>
Re:result of years of lawsuits against custumers (Score:1, Informative)
This all assumes that UW is cooperating in the lookup; if you read the letter, UW is only saying that they are forwarding the settlement letters, *not* providing the RIAA with student information. By and large, universities fight subpoenas of student information, so you're probably safe ignoring it (Mandatory: IANAL). Most schools forward the letters, few actually provide any information to the RIAA/MPAA. Speaking from experience here; I got a couple cease and desists forwarded from the MPAA while at RIT with no repercussions.
Re:I still remember the... (Score:4, Informative)
Whether the students in question are guilty or innocent is no longer an issue where the facet of their financial obligation is concerned. The RIAA has determined these kids will pay and pay they will.
The solution to this quandary is far more encompassing than mere bullying tactics on the part of the RIAA. It involves real problems with our legal system and the carte blanche written to organizations like the RIAA on the fact they have the most resources to lobby their interests.
Truly, this isn't even a matter of whether copyright infringement is justifiable or not or whether these students can claims some kind of "fair use". Put yourself in the UoW's place. Let's pretend you own a small business which has around 30 employees, each of which has access to a computer on your network. I walk in with credentials proclaiming me to be a lawyer for the RIAA and claim to have detected employees on YOUR network downloading illegal music. I present you with a list of IP addresses, times, and alleged network activity gathered. I then demand you provide me with the identities of all those who were on the computer, at that IP, at that time.
Do you cooperate with me? A non-state official, non-law enforcement, and with no warrant for such a search and seizure?
My answer would be "bring me a court order for this particular action and we will talk".
Re:I still remember the... (Score:4, Informative)
Re:How should the RIAA defend itself? (Score:2, Informative)
I submit for your reading...Article I, Section 8, Clause 8, of the United States constitution, more commonly known as the Copyright Clause [wikipedia.org]
Re:result of years of lawsuits against custumers (Score:5, Informative)
Text of email sent to students (Score:2, Informative)
And links on how to defend against RIAA lawsuits (Score:5, Informative)
How the RIAA Litigation Process Works [riaalawsuits.us]
There's also an excellent overview of this here, entitled: The RIAA vs. John Doe, a layperson's guide to filesharing lawsuits. [weblogsinc.com]
IMHO, these should be required reading for anyone who is hit by these lawsuits. If you want the real condensed version, it is this (from the second link):
"The best advice if you are sued by the RIAA is to quickly retain a lawyer who has some experience dealing with RIAA cases. Having knowledgeable council early on won't stop the process from being difficult, but can give you a better chance of protecting your rights."
Finally, here's another article that Ray has put together, on a Directory of Lawyers Defending Against RIAA Lawsuits [riaalawsuits.us]
I got the latter from the second article. I have no idea if there are defensive legal strategies that any students can employ before they get a letter from the RIAA, but it would be interesting and useful if a skilled lawyer could make the University think twice before just bending over for the RIAA.