College students and thousands of other individuals across the country who use computers to illegally download copyrighted music can expect to receive more than their favorite songs the next time they use a filesharing program.
They can expect a lawsuit, according to the Recording Industry Association of America (RIAA).
A spokesperson for the industry told the Chronicle of Higher Education this week that the group plans to step up its efforts to identify and sue illegal filesharers this September.
Meanwhile, the RIAA has already subpoenaed Boston College for the personal information of three students who allegedly have downloaded and shared a large amount of copyrighted material.
Two of the students, who go by the usernames "TheLastReal7" and "Prtythug23," were using KaZaA.
According to subpoenas obtained by The Heights, "TheLastReal7" was subpoenaed for illegally sharing seven songs on June 29, including songs by LFO, Lauryn Hill, Marvin Gaye, and Snoop Dogg, among others. "Prtythug23" was subpoenaed for offering eight songs, also on June 29, ranging from Busta Rhyme's "Pass the Courvoisier," to Michael Jackson's "The Way You Make Me Feel."
The third student, who used iMesh, went by the username "lil_liz82." According to the user's subpoena, the student was sharing seven songs illegally on July 2 including Marvin Gaye's "Lets Get It On," Madonna's "Like a Virgin," and "2 become 1" by the Spice Girls.
According to the RIAA's motion to force BC to comply with the subpoenas, which was also obtained by The Heights, the three students were "offering hundreds of copyrighted works to the world-at-large over one of the major peer-to-peer networks. RIAA downloaded a sampling of the files being offered and ascertained that they were indeed illegal copies of copyrighted music."
Citing concerns for students' privacy, and a lack of reasonable time to comply with the subpoenas, the University filed a motion to quash the subpoenas.
BC also took issue with the filing of the subpoenas. Because they were filed in the federal district court in Washington, DC, and not in Boston, the University claimed they were invalidly filed.
"Because these subpoenas have to be issued under federal rules it turned out, in my opinion, to be the wrong court," said Joseph Herlihy, of the University's general counsel. "We did get a ruling on the eighth of August from the court here in Boston that the subpoenas were invalid as served on BC."
According to Herlihy, the RIAA served BC with validly issued subpoenas on Aug. 26, requesting the names and addresses of the three students in question. The University plans on providing the RIAA with this information on Sept. 8, and has informed the students involved that it intends to comply with the requirements of the subpoena.
Under the Family Education Rights and Privacy Act (FERPA), BC must notify its students before it discloses any information that pertains to the students' records.
The Massachusetts Institute of Technology, which joined BC in successfully filing a motion to quash its subpoenas, has also received reissued subpoenas.
At Boston University, spokesman Colin Riley told The Heights that while BU has received a subpoena requesting the name and address of one "individual," it contacted the RIAA to let it know the University would not comply, citing reasons similar to those BC gave.
"We responded in writing to the request and said that we objected to the demand for disclosure," he said. The subpoena, which BU received on July 10, requested the information to be sent to Washington, DC, by July 15.
"That didn't seem reasonable," said Riley. The school also agreed that the subpoena should be filed in federal district court in Boston.
As of press time, BU has not received a reissued subpoena.
Bentley College has received five subpoenas, while Northeastern University has received two, according to the Internet site www.techtv.com. Both schools complied with their respective subpoenas.
Herlihy said that he plans on sending an e-mail sometime within the next week to all IP users on campus - including students, faculty, and staff - alerting them to "the potential problems they can get themselves into through downloading copyrighted material."
"There is absolutely no anonymity on these sites," he said. "If we're subpoenaed, and it's properly issued, we're going to be obligated to comply."
While technology allows the RIAA to see the IP numbers of filesharers, it is dependent on the user's Internet service provider for the individual's personal information.
"The RIAA clearly has a strategy of systematically identifying hundreds of student filesharers," he continued, "and they claim that they're going to bring thousands of lawsuits this fall."
Freshmen were warned at orientation this past summer about the dangers of filesharing.
"They just said that the RIAA has been investigating college students, and if they have your IP number, they'll have to give you up," said Michael Trapanese, A&S '07.
"I didn't see it as a big threat," he said. "Most of the people there probably weren't even paying attention."
As of Aug. 22, the Electronic Frontier Foundation, an organization dedicated to preserving individual's rights in the digital millenium, reported that 1,145 subpoenas have been issued by the RIAA.
While Cary H. Sherman, president of the RIAA, told Congress in a letter earlier this month that the lawsuits would only be filed against users who download and share large amounts of copyrighted songs, some lawmakers believe the group has overstepped its bounds.
"The industry has legitimate concerns about copyright infringement," said Sen. Norm Coleman (R-Minn.) in a statement. "Yet, the industry seems to have adopted a 'shotgun' approach that could potentially cause injury and harm to innocent people who may have simply been victims of circumstance or [who don't know] the rules related to digital sharing of files."
"The RIAA subpoenas have snared unsuspecting grandparents whose grandchildren have used their personal computers, individuals whose roommates have shared their computers, as well as colleges and universities across the United States like BC, DePaul University, and the MIT," he said. "Individuals like Fresno, California grandfather Bob Barnes are not immune from devastating financial losses. Mr. Barnes is facing $45 million in penalties for downloading some of his 'oldie' favorites."
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