Students sued by the Recording Industry Association of America for illegal file-sharing may be forced to pay fines ranging from $750 per download up to a total of $150,000, according to RIAA president Cary Sherman in an online chat with college journalists Wednesday night.
Sherman addressed reporters two days after the RIAA filed a new batch of lawsuits against 532 file sharers, including 89 college students at 21 universities across the nation. Sherman emphasized that college students are a “big part of the problem” in illegal file sharing and thus will be prosecuted accordingly.
“We hope that it will send a message to students across the country that this activity is illegal and that engaging in it can have consequences,” Sherman said.
Sherman said while the RIAA examines each case individually, the average amount file-sharers in the 400 cases settled so far have paid in damages has been approximately $3,000. All of the cases the RIAA has filed thus far have been settled out of court. Sherman said the RIAA is not filing these lawsuits to obtain money but rather to force illegal file sharers to realize that they are breaking the law and will be prosecuted for doing so.
“We have precipitated a national conversation about the impact of illegal downloading, which wasn’t occurring before,” Sherman said. “People didn’t think twice about what they were doing. Now they are far more likely to at least think about the impact of their actions. That’s a major step forward.”
Sherman also said file-sharers targeted by the RIAA’s lawsuits are chosen based on the number of files they have downloaded. He said the more downloads an individual has on their computer, the greater the chance they will be prosecuted. In this round of lawsuits, defendants had an average of 837 downloads, according to Sherman.
He also said while the RIAA is not targeting specific universities, they are filing cases in different jurisdictions across the nation in order to make the litigation process as efficient as possible.
The RIAA’s “program” of filing lawsuits against illegal file-sharers is ongoing, according to Sherman, and will not end with the settlement of the current cases. He said the group is determined to achieve justice for the music industry.
“We felt we could not stand by and watch while an entire industry ? the most vibrant music industry in the world ? was being downloaded to death,” Sherman said.
University of Wisconsin senior Ali Hassan said despite the RIAA’s lawsuits, he still obtains files online. However, he does not share his files and mostly uses lesser-known file-sharing programs to acquire music that is difficult to find elsewhere.
He said while the RIAA lawsuits have only marginally affected his downloading habits, he thinks a large portion of the general population may stop downloading because of the lawsuits.
“Most people will fall for the scare tactics,” Hassan said, adding he feels as long as individuals are careful about their downloading habits, they will not likely be a target of the lawsuits.
While Sherman admits the RIAA’s actions may not be popular among college students, he said a recent poll performed by Peter Hart Associates showed 56 percent of the public are “supportive and understanding” of the lawsuits, along with 50 percent of students.
Sherman said the results of the lawsuits have been worth the effort.
“We’ve seen a marked decline in illegal file-sharing, a marked increase in business at the legitimate online music services and a spike in CD sales as well,” Sherman said. “Frankly, the program has been more successful than most people would have predicted.”
