<p>I have been reading messages on this site for at least 4 years ever since my older daughter was preparing for college. I am always impressed with how knowledgeable so many people are on this board. In any case, my above-mentioned daughter in college has received a letter from a law office representing record companies claiming that she had distributed about 300 songs illegally. They were threatening to file a lawsuit unless she settles. Are many students receiving such letters? Would you know what she has to do?</p>
<p>When we were at my daughter’s summer advising for her freshman year last week, they said between 30-40 students at this school had been fined or whatever. Not such a big deal until I tell you this college is only 2,400 students, so it is a large number. We were strongly warned that students should have a reloadable IPod gift card so they can properly pay for their own tunes. I definitely will be purchasing one for my daughter.</p>
<p>So yes, they’re (lawsuits) happening on college campuses, but they didn’t specify what the consequences were for these students. Frankly, I’ve been reading about this movement from the recording industry to catch people for a couple of years, so I know they mean business. If she did it, then I’d settle - can you imagine the consequences of a lawsuit? Much more costly, and probably much more time invested on your and your daughter’s part.</p>
<p>I’m not a parent or anything, but I can tell you what I know/have heard. 
I’ve been hearing about a ton of these cases lately. One not so long ago about quite a few kids at a college. RIAA knows that tons of college kids download music so it makes it easier. After she downloaded the music she probably didn’t turn the option of sharing the songs off. RIAA, as far as I know, is going after those who share the music, it would be too difficult of a job to catch all the people that downloaded music. Its much easier to track those that share the music. Meaning that once she downloads it when other people download the same song they’re getting and copying the song from her, much easier to trace.</p>
<p>Anyway, I would just settle. If the settle amount is too much then consider hiring a lawyer that specializes in these types of cases and see if s/he can negotiate it to something more reasonable. They rather settle it than sue you because it would take less time, and the bigger point of these cases is to set an example, more so than get money (which is a big part of course, but I think its more about the principle). If you don’t settle they can sue you for a ridiculous amount. I remember reading something where they sued some lady for $30,000+ for 40 songs.</p>
<p>I take it your daughter does have 300 illegally downloaded songs on her hard drive? </p>
<p>Schools will get notices from the RIAA (Recording Industry Association of America) about copyright infringements. The school’s IT department will check their server logs and identify a student’s log-in, IP address and the date and time of the infraction/infractions. The name/names are turned over to the RIAA and their “Hell Hounds” are unleashed. Make no mistake; the RIAA’s legal staff is mercy-less. Despite a couple of high profiles losses in the courts recently, their staff has gone after a grandmother who didn’t own a computer and the dead. Almost everyone settles out of court. I think the current settlement “cost” is around $3500.</p>
<p>If you go to Arstechica (<a href=“http://arstechnica.com/index.ars[/url]”>http://arstechnica.com/index.ars</a>) and do a search for “riaa”, you will get a list of stories about their copyright infringement campaign. This will give you a sense of what you’re up against…</p>
<p>There is the Electronic Frontier Foundation (a non-profit group based in San Francisco: <a href=“http://www.eff.org/[/url]”>http://www.eff.org/</a>) that is an Internet privacy advocate who has locked horns with the US government and the RIAA. Their web site offers the following information about RIAA suits: <a href=“http://www.eff.org/IP/P2P/howto-notgetsued.php[/url]”>http://www.eff.org/IP/P2P/howto-notgetsued.php</a>. You should read over this section very carefully and see if it helps your daughter. </p>
<p>Good luck!!</p>
<p>I don’t know what she needs to do but good luck in doing it. </p>
<p>I personally don’t illegally download music but I do know it’s a big thing in colleges and I think it should be cracked down on, No offense to your daughter or anyone else who does, but you wouldn’t go into a store and steal a CD, so why steal it online? 300 songs is like swiping 20 cd’s… Therefore, to me, the fine should be whatever the cost is of 20 cd’s… And a little bit extra to intice you to actually buy the cd next time instead of stealing it. </p>
<p>Just my own personal opinion.</p>
<p>I have no problem with Itunes or any of those other stores (However I do suggest getting the DRM free if you are downloading legally.)… But I am not a fan of kazaa or whatever the file sharing programs are these days.</p>
<p>One site I would suggest is Amie Street (<a href=“http://www.amiestreet.com%5B/url%5D”>www.amiestreet.com</a> ). Musicians put their songs up on there, and their songs start at free. as they become more popular they rise in price up to a dollar. My boyfriends album is selling for about 68 cents last time I checked… but it’s a great way to find out about new music and obtain it legally, and much often for less money than the Itunes and Napster and whatever the other services are.</p>
<p>The RIAA has been doing this for about three years, generally with decent success. I’m surprised they have gotten down to the 300-song level; they used to go after people with thousands of songs.</p>
<p>The clear copyright offense, by the way, isn’t so much downloading songs as making them available via filesharing systems (like old Napster, Grokster, etc.) for others to download.</p>
<p>You ought to check to make certain the letter has its facts right. There have been some cases where the RIAA has been sensationally wrong, going after people who have not done anything that should subject them to suit. But if the facts are right, your daughter is pretty much busted. While there may be arguments against liability, unless you or she want to fund protracted litigation over significant dollars that she is much more likely to lose than to win, she should probably take her lumps and settle. And get out of the filesharing networks. (It may be different if her filesharing network is limited to her college, as is sometimes the case.)</p>
<p>I recently heard that a couple of Vanderbilt students had settled rather than going to court. I think there were seven who were charged with illegal music downloading. I read someplace that $3,000 is the average settlement cost. If your daughter did indeed do that of which she is accused, I would suggest settling.</p>
<p>My daughter has just received such a letter, so we’ll see what happens. It’s pretty scary.</p>
<p>Do you know an atty? Talk to him/her or just go for a free consult.<br>
The case law is mixed on this.<br>
If you do not know an atty who will take the case pro bono-your court costs may be very high.
I believe that there is an atty group seeking to expose the record companies for “legal extortion”-I wil ltry to find the site for you.
Most casesd can be settled outside of Federal Court (that is the Court in which they are brought) for anywhere between $3,000 and $4500.<br>
If you do enter into a settlement, at the very least have an attorney review the stipulation agreement so that your child may not be subjected to further lawsuits.</p>
<p><a href=“http://recordingindustryvspeople.blogspot.com/[/url]”>http://recordingindustryvspeople.blogspot.com/</a>
I do not know these people and, as I do not know them, I am NOT endorsing them but it may be worth a look for those families who have received petitions from the record companies.</p>
<p>As the parent of a young man who is a struggling songwriter and musician (and, by the way, getting married next week!!!) I hope these actions by the recording industry result in people paying for the music that they acquire.</p>
<p>He loves what he does but cannot afford to do it for free!</p>
<p>For future reference, Costco sells discounted Itunes giftcards, with $50 worth of downloads for around $45. I forget the exact amount, but they make a nice gift.</p>
<p>Consult a lawyer.</p>
<p>
</p>
<p>I think you misspelled “Internet piracy advocate.”</p>
<p>I actually found a lawyer through this group. Thanks all, for your advise.</p>
<p>Just wanted to follow up on this thread…</p>
<p>The following links describe the two year legal battle between a single disabled mother and her eight year old daughter and the RIAA.</p>
<p><a href=“http://blog.wired.com/gadgets/2007/06/lawsuit-riaa-li.html[/url]”>Lawsuit: RIAA Lied To School Staff To Gain Access to 8 Year-Old | WIRED;
<p><a href=“Victim of Dropped RIAA Lawsuit Sues RIAA, Alleges Illegal Investigation of US Citizens | WIRED”>Victim of Dropped RIAA Lawsuit Sues RIAA, Alleges Illegal Investigation of US Citizens | WIRED;
<p>If you feel you’ve been wrongly targeted by the RIAA, be prepared for a long and costly legal battle.</p>