Oh, Brave New World!
Happy New Year.
One of things that I would like to happen in 2008 is to see more pundits write columns like Adam Liptak did in yesterday's NY Times. His subject is the astonishing (and totally appropriate response) of the University of Oregon to a Recording Industry Association of America subpoena for information on students "stealing" music via peer-to-peer platforms. The University, via Oregon's State Attorney General, filed a blistering motion to quash that subpoena because it called upon the university to violate the students' privacy.
No one should shed tears for people who steal music and have to face the consequences. But it is nonetheless heartening to see a university decline to become the industry’s police officer and instead to defend the privacy of its students.
The recording industry may not be selling as much music these days, but it has built a pretty impressive and innovative litigation subsidiary.
In the past four years, record companies have sued tens of thousands of people for violating the copyright laws by sharing music on the Internet. The people it sues tend to settle, paying the industry a few thousand dollars rather than risking a potentially ruinous judgment by fighting in court. ...
In February, the association [Recording Industry Association of America] started asking universities to identify students suspected of file sharing and to pass along “prelitigation letters” to them. The association says it has provided some 4,000 such letters to more than 150 colleges and universities. The letters offer the students what they call bargain settlements of about $3,000 if they act fast, by punching in a credit card number at www.p2plawsuits.com.
“The ‘reduced’ settlement amount, in other words, represents the record companies’ savings from cutting out the middleman — our justice system,” the Electronic Frontier Foundation said in a recent report. [Emphasis added]
Nice scam the RIAA has working: get colleges and universities to do their discovery for them and then scare students who have (and even those who haven't) illegally downloaded music settle for $3,000 to $4,500 out of fear that litigation costs will be far greater than the suggested settlement amount.
I think it significant that the University of Oregon refused to play its role in this warping of justice. While that subpoena may not be quashed, at least the public, thanks to Mr. Liptak, now gets a view of how the big money people game the system and win.
The University of Oregon could teach the telecoms a few lessons about standing up to the bullies; that is, it could if the telecoms were genuinely interested in doing so.
One of things that I would like to happen in 2008 is to see more pundits write columns like Adam Liptak did in yesterday's NY Times. His subject is the astonishing (and totally appropriate response) of the University of Oregon to a Recording Industry Association of America subpoena for information on students "stealing" music via peer-to-peer platforms. The University, via Oregon's State Attorney General, filed a blistering motion to quash that subpoena because it called upon the university to violate the students' privacy.
No one should shed tears for people who steal music and have to face the consequences. But it is nonetheless heartening to see a university decline to become the industry’s police officer and instead to defend the privacy of its students.
The recording industry may not be selling as much music these days, but it has built a pretty impressive and innovative litigation subsidiary.
In the past four years, record companies have sued tens of thousands of people for violating the copyright laws by sharing music on the Internet. The people it sues tend to settle, paying the industry a few thousand dollars rather than risking a potentially ruinous judgment by fighting in court. ...
In February, the association [Recording Industry Association of America] started asking universities to identify students suspected of file sharing and to pass along “prelitigation letters” to them. The association says it has provided some 4,000 such letters to more than 150 colleges and universities. The letters offer the students what they call bargain settlements of about $3,000 if they act fast, by punching in a credit card number at www.p2plawsuits.com.
“The ‘reduced’ settlement amount, in other words, represents the record companies’ savings from cutting out the middleman — our justice system,” the Electronic Frontier Foundation said in a recent report. [Emphasis added]
Nice scam the RIAA has working: get colleges and universities to do their discovery for them and then scare students who have (and even those who haven't) illegally downloaded music settle for $3,000 to $4,500 out of fear that litigation costs will be far greater than the suggested settlement amount.
I think it significant that the University of Oregon refused to play its role in this warping of justice. While that subpoena may not be quashed, at least the public, thanks to Mr. Liptak, now gets a view of how the big money people game the system and win.
The University of Oregon could teach the telecoms a few lessons about standing up to the bullies; that is, it could if the telecoms were genuinely interested in doing so.
Labels: Fourth Amendment, Privacy
posted by Diane at 5:23 AM
1 Comments:
The idea that an Institution should help intimidate students...
if they share the info, would they not be considered party to an act and liable?
Recording industry suing Colleges to sue students to get money...
Perhaps Oregon U could also initiate requests that payment be frozen regardless of outcome until the industry proves it can legally compensate musicians as per union requests for compensation...
something a court could actually rule upon.
Watch record execs curl up screaming, like larvae, at the thought of sharing profit from downloads...
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