BY AYMAR JEAN
Daily Staff Reporter
Published June 6, 2004
After a six-month-long crusade against file-sharers, the
recording industry received the names of University students
suspected of uploading files illegally on May 20.
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The University released the names of eight students and one
staff member to the Recording Industry Association of America, the
non-profit organization spearheading the legal challenges against
file-sharing. Those nine must now deal directly with RIAA.
Over two months ago, RIAA subpoenaed the names of individuals
suspected of file-sharing.
Since the names are hidden behind an Internet Protocol address
under the University’s jurisdiction, RIAA filed lawsuits
against “John Doe” defendants, hoping the University
would eventually confer the suspects’ real names.
Before honoring the subpoenas, the University “reviewed
them thoroughly” but found them “substantively
valid,” Assistant General Counsel Jack Bernard said.
Subpoenas are a legal vehicle for communication, Bernard added,
and are often difficult to refuse.
Many colleges, universities and other Internet Service Providers
— such as Vanderbilt University — have already released
names. Several of those students have settled for unspecified
amounts.
Now that RIAA has each defendant’s identity, suspects can
either settle their case out of court or take their grievance to
trial. The average settlement is about $3,000, RIAA spokesman
Jonathan Lamy said in a previous interview.
But if defendants opt to go to court, the law allows for damages
from $750 to $150,000 per song, depending on the number of songs
shared.
RIAA contends that these individuals were targeted because they
shared, on average, large amounts of music.
As part of its nationwide lawsuit sweep against sharing, RIAA
subpoenaed the names of 532 individuals.
Each shared an average of 837 songs. Of those subpoenaed, 89
were students from 21 colleges and universities.
Since September, RIAA has sued 2,947 individuals and settled 486
cases. RIAA officials, including President Cary Sherman, have
continually contended that the aim of the lawsuits is not financial
but ideological: to save an industry that Sherman says being
“downloaded to death.”
“The goal is simply to send a message of deterrence
— that this activity is illegal, that it can have
consequences (and) that if digital music is what you want, turn to
the great legal alternatives that are available,” Lamy said
in a previous interview.
Originally, the University said RIAA sought the names of nine
students. After deciphering the IP addresses, officials found a
staff member was also accused. Bernard said that it is unlikely
that the person is a senior administration official, student
employee or a staff member but is more likely a standard staff
member.
Officials were at first unsure whether the staff member could be
blameworthy because his IP address had recently been hacked. But
the University, having released his information, is now confident
that the hacker did not conduct the alleged file-sharing.























