RIAA is after you

By Derrick Smith and Herminia Irizarry

DeKALB | An effort to end illegal music downloading from the recording industry may target 28 NIU students and force the rest of the NIU student body to think twice about the practice.

The Recording Industry Association of America (RIAA) announced it has identified the IP addresses of illegal music downloaders from more than 13 universities across the country with the intention of filing lawsuits.

NIU is among the 13 universities targeted, with the owners of the 28 IP addresses being identified as being involved with illegal file sharing and copyright infringement, NIU officials said.

“Unfortunately, the piracy problem on campuses remains extensive and unacceptable, and compromises the music industry’s ability to invest in new music,” said RIAA president Cary Sherman. “We do not take this step lightly and wish it were not necessary.”

Previously, RIAA would notify NIU of IP addresses that were involved in illegal downloading, but the university would deal with it internally.

“We would [then] successfully convince the student to eliminate file-sharing software and not to do it again,” said Melanie Magara, assistant vice president for NIU Public Affairs. “We would contact the recording industry [and inform them] that it would not happen again. Now the recording industry has stepped up their own enforcement.”

The RIAA will be sending universities letters to pass along to the names associated with the IP addresses that have been tagged.

Once students are informed, they have 20 days to go online and pay the out-of-court settlement price.

While it has not been confirmed, several sources say the out-of-court settlements can reach anywhere between $3000 to $5000. If the student does not respond, RIAA will issue a subpoena for students’ names and issue a federal suit where in-court settlements are expected to severely exceed $5000.

“It scares the [crap] out of me,” said Hayley Hoff, junior elementary education major. “I don’t think they should go after students. If they want to go after somebody, they should go after whoever loads [the music] up there on the Internet.”

“Given the severity of the actions taken by RIAA, I would not feel comfortable trying to draw any distinction between downloading a few songs to downloading thousands,” Magara said. “They are trying to put a stop to illegal downloading and file sharing regardless of any amount. Many people do not understand the ramifications – what’s legal and what’s not legal.”

There are other woes for NIU students illegally downloading music outside of the RIAA. According to NIU’s acceptable use policy, any violations – including copyright infringement – can be a cause for disciplinary action within the university.

Kenneth Davidson, associate vice president and general counsel for NIU Legal Services, recommends students accused should immediately seek legal assistance.

“I hope that the student gets legal counsel. I wouldn’t recommend the student continuing without any legal action,” Davidson said. “The Students’ Legal Assistance have been notified and are prepared to help.”

File-sharing programs Limewire, Kazaa, BearShare and Ares are just some of the software that may end up getting students in trouble with he recording industry.