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RIAA Anti-Piracy Enforcement Efforts

The Recording Industry Association of America (RIAA) actively surveys computers connected to the Internet in search of violations of copyright law. These efforts include a heightened monitoring of colleges and universities, due in part to the high speed Internet connections ready available at these institutions.

The RIAA’s actions include sending notices to universities alleging network user violations of copyright laws. In these notices, the RIAA informs the schools of forthcoming copyright infringement lawsuits against network users (identified through Internet Protocol addresses), who they allege have been participating in illegal downloading or file sharing of copyrighted material. Additionally, in these notices, the RIAA indicates that prior to commencing litigation, it will send to the school a pre-litigation settlement letter with a request that the letter be sent to the alleged violator.

If the university is requested to forward any pre-litigation settlement letters to alleged violators who can be identified using cited IP addresses, it will do so. However, in so forwarding any such letter, the university: does not vouch for the accuracy of what is contained in the letter; does not take a position on what the recipient should do in response to the letter; and will not offer legal advice to the recipient of such letters.

A sample RIAA settlement letter may be viewed at: http://www.educause.edu/ir/library/pdf/CSD4832.pdf. The sample settlement letter, which lists any songs allegedly shared from that user's computer, also contains information as to how the user can "settle" the case by paying a "significantly reduced amount compared with what we [the RIAA] will offer to settle them [the claim] for after we file suit or compared to the judgment amount a court may enter against you [the user]", via the web site www.p2plawsuits.com or a toll-free number.

The RIAA also advises individuals to consult their own attorneys promptly.

Brown's Obligation

If a legal action is commenced by the RIAA (or some other recording industry party) against alleged violators who are users of Brown University's network, the university will identify these individuals if required by legal process (for example, a subpoena is served on the university seeking the identity of alleged violators).

If the RIAA subpoenas the university, we are legally required to identify a user associated with an IP address if we are able to do so. If a subpoena is served on the university, the university will provide notice of the subpoena to a user identified by the IP address cited in the subpoena.

How the RIAA's Actions Will Affect Alleged Violators

The above initiative can have legal and financial consequences for copyright violators, and the legal and financial burdens associated with illegal actions will rest entirely on the shoulders of the individuals identified by the RIAA.

Further, sharing music (as well as movies, games, software or television shows) illegally and violating copyright law is a clear violation of Brown's Copyright Infringement Policy, as well as our Acceptable Use Policy.

In addition to the RIAA, other agencies such as HBO and the Motion Picture Association of America also monitor the Internet for illegal distribution of copyrighted videos, television shows, movies, games and software.

The Bottom Line

With the rise in the number of complaints received (at a rate this year that is more than three times higher than the previous academic year), if you engage in illegal file-sharing, your odds of getting caught are growing. To stay within the law, avoid fines, and maintain your network access, don't illegally download:

  • Purchase your tracks or obtain them from a copyright-free site (some musicians share their music freely!).
  • Share tracks on your computer only according to the explicit licenses or permissions granted by the copyright owner or distributor (for example, Apple allows limited sharing of music purchased through iTunes on a local network).

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Page Last Reviewed Monday, 26-Nov-2007 09:18:33 EST