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UW to RIAA: No way
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As the University of Wisconsin waits to receive a batch of settlement offers addressed to 15 of its students from the Recording Industry Association of America, university officials have made one thing clear: They won't play along.
Chancellor John Wiley met with Provost Patrick Farrell and Interim Chief Information Officer Ken Frazier Tuesday morning to affirm UW's decision not to forward pre-litigation settlement letters to anonymous students who the RIAA believes are illegally downloading music online.
According to the RIAA, each letter informs the university that it plans to file a copyright infringement lawsuit against one of its students or personnel. The letters offer those targeted an opportunity to settle with the RIAA out of court before any legal action is taken.
However, the RIAA needs UW to forward those letters to the students or personnel, since the association has only anonymous IP addresses and no names. UW would have that information, since the letters target people who were allegedly downloading music illegally over a university server.
But without any legal obligation to forward those letters, Brian Rust, communications manager for the UW Division of Information Technology, said UW will not cooperate with the RIAA.
"It's basically saying that the recording industry may think the person or people who may have used this particular IP address might have done something wrong," Rust said. "That's two 'mays' and a 'might' — and the university can't punish a person on that basis."
Unlike cease-and-desist orders or subpoenas, the RIAA's settlement letters are not legally binding.
If the RIAA wanted the university to disclose the identities of people who used particular IP addresses, Rust said the association should file a subpoena in court and convince a judge that the disclosure is warranted.
Calling the settlement letters an attempt for the RIAA to enforce the law in a "roundabout way," Rust said the university would not help the association "hassle" UW students.
"We hope to keep them from being hassled by the recording industry," Rust said. "We feel students are being hassled and targeted for this. You don't hear notices going to AOL or charter.com users."
As one of more than 14 universities nationwide to receive a batch of settlement letters from the RIAA, UW is one of the first to refuse forwarding them to its students, according to Jenni Engebretsen, RIAA communications director.
"Every school that received letters in the first wave of this initiative forwarded them along to their students," Engebretsen wrote in an email to The Badger Herald.
And the RIAA is not pleased with UW's decision.
"If the University of Wisconsin has adopted this policy — and we have had no direct communication from administrators that they have — it would be unfortunate," Engebretsen wrote. "Students would lose the opportunity to settle any future claims against them at a substantially discounted sum and with the benefit of no public mark on their record."
Allowing students an opportunity to settle with the RIAA is the reason why Ohio University — which received the highest number of settlement letters in the first wave sent last month — forwarded them to its students, according to Ohio University spokesperson Sally Linder.
"By not forwarding the letters, we would have not given students the option to settle," Linder said. "We would have cut off the settlement option."
Linder added that the RIAA has gone through with its threat to go after illegal online downloaders in the past, and said Ohio University did not want to be in a situation to "guess what the RIAA would do."
Though he confirmed UW has received a letter from the RIAA saying it plans to send 15 settlement letters soon, Rust said the university has not yet received them.
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IP hash: a65cc2b8
How does UW feel about plagerism? Do you condone it as well? P2P downloading is illegal use of copyright material. The truly disappointing thing is that UW officials and students know they are breaking the law, yet students continue doing it and the administration apparently wishes to publicly turn a blind eye toward the problem. I am not affiliated with the RIAA or any artists. I am an investor in Napster, one of the legitimate digital music retailers trying to reach profitability. You should give it a try. For $5 per month 3 students can collectively subscribe and each have access to 3 million high fidelity 192kps tracks on demand on three desktops and three laptops. I use it and love it. DRM is not an issue if one legitimately pays for one’s music. The world has never had it so good. When I was in college (30 years ago) I had to spend about $20 per month on music (close to $40 in today’s terms) and I certainly didn’t have access to 3mm tracks. Students and others should stop whining and grow up. Artists deserve to be paid and it costs a lot of money to produce, market and distribute music. I am shocked that piracy continues to be an issue in a country built on respect for property and the rule of law.
IP hash: 1da85678
Stick it to the industry, UW! Keep the internet free!
IP hash: 107fb686
“May have”, “might have” and “possibly” downloaded music or committed plagerism is a far cry from having to proof to back up these claims.
I support UW in their efforts against the thug/ terrorist/ racketeering methods of the RIAA.
If they have any actual “proof” that students there illegaly downloaded their property be assusred that there would be actual lawsuits against the offenders.
And, let us not forget that the majority of the lawsuits brought forth by the RIAA is based on wholly uncredible evidence.
IP hash: 586509e6
I can finally say that I am honestly proud of the University and how they respect the students' privacy.
- Germain E. Stemme
IP hash: 188ce11a
Also i thought it was a crime for sharing music not downloading it, considering i may own that cd already. anyone know the actual verbiage on that?
IP hash: 02b2759d
God Bless Shawn Fanning
IP hash: 34f51f46
But the aliens are illegal… wait, what, downloads? Breaking the law rocks when it actually rocks.
IP hash: 21a89151
Wow wyly fox, way to cry about how college kids are hurting your napster investment. maybe you should have done a little research before putting your money behind a doomed company. No one shares you opinion besides the RIAA anyways. Good job UW, another reason it feels good to be a badger, cuz the RIAA just got pwned like a no micro noobie
IP hash: 46987391
The university has no obligation to forward the letters- so why should they? I think the RIAA has put the univeristy in a bad position by trying to make the university enforce their rules. I think they’re making the right choice.
IP hash: 04ad0ee0
“P2P downloading is illegal use of copyright material”
Not all P2P downloading is illegal.
IP hash: 92b08fa3
Wyly is missing the point on how artist deserve to be paid for their music. The artists do not make enough to survive on the cds alone, most if not all goes to the label and the RIAA. Bands make all their money on touring and selling their music at vending sites where the labels cant get as much. So don’t say that the artists are suffering due to P2P networks its corporate America that loses not the core of it all, music.
IP hash: d91c39b6
Wyly, no one wants to help you make money in particular, so get that trash out of here.
IP hash: 4bb1bcc8
“Bands make all their money on touring and selling their music at vending sites where the labels cant get as much. So don’t say that the artists are suffering due to P2P networks its corporate America that loses not the core of it all, music.”
Exactly, not to mention that P2P allows smaller bands, the “starving artists,” to gain popularity in new areas, in new markets where they might be able to tour but can’t beforehand sell records. There’s a reason why local bands like Sol and the Profits have small followings outside of the state—no one will or should pay $15 for something new.
IP hash: cff2e1a8
Music industry needs to accept the fact that downloading music off the internet isnt going anywhere and will continue to happen in every country for years to come. So rather than punishing financially struggling college students, the RIAA should work with the students in providing other and better forms of napster, limewire, etc. How does limewire make all of its money, and enough to support itself?? The RIAA is just lazy and money hungry.
IP hash: 3fb9904e
the RIAA has nothing to do with labels or bands directly, i could see if they settled these claims and gave money to bands who make the music, but they dont, so they are ripping of the bands just as much as illegal downloaders, but furthermore, bands barely make anything off of record sales anyway, if kids still go see concerts the bands make way more than enough money. more than they ever would selling records. i HATE the RIAA.
IP hash: 0b00690c
I’ve seen figures showing that Album sales for most popular artists have dropped less than 1% since P2P became popular.
IP hash: b625f1eb
Nobody is much interested in leasing music, Wyly Fox. Also, the RIAA tactics mount to extortion - demanding to settle future claims, or else. Also, the artists could make more money without the middleman RIAA and their thuggish tactics.
Way to go, UW.
IP hash: cb3d39d6
the RIAA a piece of crap association that is trying to scare some students into paying thousands of dollars for doing what pretty much everyone in the U.S. does already - download music. The RIAA should be banned from this stupid, nonsensical and unjust practice…RIAA SUCKS BALLS
IP hash: f44f128f
Hey wyly fox. Have you ever made a mix tape (or reel, you old hippie)? If so, you are GUILTY TOO! Oh, you file sharer.
Have you ever photo copied something at the library? Then you are a copyright infringer too.
Get off your high horse.
No one is complaining that music is expensive due to marketing and distribution… Music is expensive because the RIAA functions as a cartel which fixes the prices of CDs. If music you buy at the store goes to pay everything you say then tapes and CDs would cost the same (they are roughly the same price to manufacture, give or take) But, tapes are 2 bucks and CDs are around 15. So how does the price of a tape cover all those costs when clearly that is why CDs are the price that they are?