Federal lawsuits were filed Wednesday against 12 Marshall University network users who declined pre-litigation settlement offers issued in February from the Recording Industry Association of America, according to a news release from the RIAA.
The names of the individuals with pending lawsuits have not been released.
"Until we review the filings, we can't comment," Bill Bissett, senior vice president of communications, said.
Marshall is one of 13 universities with network users to whom the RIAA sent pre-litigation settlement letters Feb. 28. Users had a fixed period of time to contact the RIAA and accept a settlement at a lower price than the cost of an official lawsuit, Jenni Engebretsen, spokesperson for the RIAA, said.
The "John Doe" lawsuits filed Wednesday in federal district courts cite Marshall network users for using peer-to-peer services on the Internet for illegal distribution of copyrighted music, according to the release.
The recording industry association contacts the network users directly and does not use the university as a liaison. However, the RIAA subpoenaed the university for the names of those whose Internet Protocal addresses correspond with the machine used for illegal downloading and distribution of music.
"Our ability to invest in new bands and new music is seriously threatened by online theft - a problem that remains particularly acute on college campuses," Steven Marks, executive vice president and general counsel for the RIAA, said in the news release. "We are now giving students the opportunity to settle the claims against them during a pre-litigation period. Yet students who do not take advantage of this new process should understand that lawsuits are sure to follow."
Candance Gerlach, graduate student studying biological science from Chapmanville, W.Va., said she thinks if someone downloads music illegally, they deserve to face a federal lawsuit.
"I've never illegally downloaded," Gerlach said. "I think it is a serious issue because your taking away from people who make the CDs. It's the same with movies. By illegally downloading these things, we are affecting what will be in stores tomorrow, so we're hurting ourselves. That's why I've never done it."
Other students said they think downloading music is wrong, however look to the recording industry to alleviate the problem.
"I personally believe somebody downloading music illegally is wrong, but on the other half, it's the record companies responsibility to make sure it's not available to people," Adam Kuhr, senior management student from mason, Ohio, said. "I think it's too easily acquired to really charge people. They should focus more on having the Web sites closed that allow it instead of targeting the people who are using it."
Deborah Jones, senior social work student from Huntington, said, "It's wrong, especially if it's illegal. But, no, they don't deserve federal lawsuits. It should be fixed to where music can't be downloaded. They only remedy is to block it."
Bissett said there is no excuse for not understanding what is at stake for stealing music.
"At this point, giving public education campaigns, students should know repercussions of illegally downloading music," Bissett said.
Kristin Steele can be contacted at steele47@marshall.edu.



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