RIAA strikes again

The Recording Industry Association of America has sent a second letter regarding 11 Marshall University network users for sharing copyrighted files.

Marshall is just one of more than 15 universities receiving subpoenas for illegally distributing copyrighted music through unauthorized peer-to-peer download services such as LimeWire and iMesh. Over the last couple of days, Marshall University Computing Services has received 11 separate letters concerning copyright infringement from the RIAA.

"Each notice cites a specific network IP address, a date and time, as well as the song titles the RIAA have determined are being shared from the campus computer," Jon Cutler, director of systems administration, said. "After this first step, we trace the network IP address back to the computer and associated user account of the responsible individual, which is turned over to the appropriate judicial body on campus to deal with the individual according to institutional policy."

The first round of litigation notices was received in January, followed by subpoenas in February and March. Students were contacted through e-mail by the RIAA stating that legal action would be taken against them for their file-sharing indiscretions.

"Last semester, the RIAA sent me an e-mail with a settlement offer for a few songs I had downloaded, but the IP address was different, so they had to retract it," Mikhalea Young, junior psychology major from Teays Valley, W.Va., said. "I thought it was OK, but on Aug. 22, Marshall sent me a case number about uploads that were made from my computer in February. Now, I am looking at a settlement offer of about $3,000."

Marshall students caught this time will not only have to deal with the RIAA's legal assault, but also with action from the university.

"Marshall University Code of Conduct states that if a student is caught breaking a law, action will be taken against them," Steve Hensley, dean of student affairs, said. "It would be like you went to a retail store and stole a sweater. Our mindset in February was that the students had suffered enough, but now, everyone should be aware that they are doing something illegal. We may be forced to take it as far as dismissing students."

While some students have not taken the legal actions as a hint to curb their illegal downloading behavior, the message has reached others.

"I haven't downloaded anything illegally in three years," Brian Hardman, junior nursing major from Clendenin, W.Va., said. "After my brother's ex-girlfriend was caught, I have bought all my music from the iTunes store. She fought a $1,000 a song bill in court and settled by paying the RIAA a $1,500 fine."

While University Computing Services does not directly release identity information, they have chosen to release it to the RIAA after contacting the user to notify them that their illegal activities have been recorded and could be used against them.

"Last year, Marshall University was one of the top 25 institutions the RIAA targeted for enforcement," Cutler said. "This is one 'top-25' list which we do not want any part of, and definitely not the national prominence to which the university aspires."

These lawsuits against named defendants were filed this week against university network users including Boston University, Central Michigan University, Indiana University, Iowa State University, Northern Illinois University, Ohio University, Purdue University and the University of Massachusetts at Amherst.

Brandon Ambrose can be contacted at brandon.ambrose@marshall.edu.