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Cracking down on campus music theft

Emily Taravella - April 16, 2007

The Recording Industry Association of America recently sent 405 pre-litigation settlement letters to 23 universities -- the second wave of an enforcement effort aimed at music theft.

Although no Stephen F. Austin State University students have received pre-litigation letters, the university has handled more than 100 cases of alleged music theft since 2004, according to SFA Judicial Officer Peggy Scott.

"What we have dealt with to this point are requests from the RIAA and other representative agencies for us to contact the owner of the offending IP address and ask them to cease the illegal action," Scott said. She said her office has received 105 such requests from the RIAA and 86 requests from other representative organizations.

SFA is among universities across the nation that are educating students about what is and is not allowable. Cary Sherman, president of the RIAA, said in a press release that litigation is not the preferred course.

"But we hope that students will understand the consequences of stealing music," Sherman said. "This is a program about defending our rights and providing the appropriate foundation for the legal marketplace to flourish. The pervasive theft of music on campus networks is a shared problem for the industry and universities alike." When the university is contacted about music theft, Scott said the IP address is checked to determine who had it at the time of the alleged violation.

"My office then contacts the student for an appointment," she said. "At that meeting, they're given a copy of the original letter (from the RIAA). They receive education on the legal and illegal aspects of file sharing and are informed that they have three choices: stop the offending behavior voluntarily, refuse to stop and realize the university will have to take action such as turning off Internet access, or file a counter-claim if the student feels he or she has legitimate ownership of the shared material."

A survey by Student Monitor from spring 2006 found that more than half of college students downloaded music and movies illegally, according to the RIAA. College student alone accounted for more than 1.3 billion illegal music downloads in 2006, the association reported. Lawmakers focused their attention on campus music theft at a March Congressional hearing.

Rep. Howard Berman, D-Calif., cited a need for more accountability on the part of university administrators in combating the problem. Scott said her office serves as the "middleman" in these types of situations.

"We want to assist students in avoiding legal action," she said. "We've never had a student refuse to stop (illegal file sharing), but we have had a few repeat offenders. When this happens, the student is dealt with through the campus disciplinary system. This usually results in probation with loss of Internet privileges."

Scott said most students are appreciative of the university's assistance when they realize they can be sued. "Many leave our office saying they are going to contact all their friends to keep this from happening to them," she said.

Those who face lawsuits can visit the Web site www.p2plawsuits.com, for information. An orientation video is also available at www.campusdownloading.com.

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