Q. I just got a notice from OIT shutting down my Internet connection because I'm "sharing copyrighted material." I can't believe this. I've only downloaded a few songs, and everyone does it. Why is this happening to me?
Sit up and listen - although you won't like what you're going to hear. Taking this advice might save you a huge amount of money.
When you use an Internet-based sharing software, like Limewire, that's called "peer to peer file sharing," or "P2P." P2P is an entirely legal way to transfer information using the Internet - when the material is not copyrighted. However, P2P may be illegal when you use it to get bootleg digital copies of copyrighted songs from other users on the Internet.
By law OIT is required to send you a warning that you might be committing "copyright infringement" if it detects you using P2P to share songs. OIT can turn off your internet connection and require you to take a "copyright literacy" quiz before letting you back on.
So, what is "copyright infringement?" A copyright is a type of ownership of an original work of art, be it a song, a TV show, or a film. When an artist (or, more likely, a record company) registers a song, they receive a copyright. The copyright allows them to stop you from getting the song without their consent or payment.
Most copyrights to songs are owned by the record companies that produce and distribute them. Six of the largest companies are members of the Recording Industry Association of America (RIAA). If you haven't been asleep for the past three years, you may have heard that RIAA members have sued well over two hundred students at UMass Amherst in the last two years alone and have sued over 25,000 people nationwide, most of them college students.
The SLSO has counseled many students who find themselves targeted by the RIAA. The most common question is, "How did they [the RIAA] find me [meaning my music collection]?" The RIAA uses subcontractors to act as spies masquerading as P2P users. These users use Limewire, or another P2P service, to obtain songs. If you have a requested song in your "shared" folder, the RIAA's spy will take a "snapshot" of the contents of your "shared" folder. The snapshot is used as circumstantial evidence that you were illegally downloading songs.
The RIAA may give you a chance to settle your "case" for $3,000 before it files one in federal court. While this number seems huge, it may be small compared to the amount you might have to pay if you're found liable. The copyright law says a copyright holder can get $750 for each song you illegally distributed. So, if you downloaded two hundred songs owned by the record companies…you can do the math. Worse, you could also be forced to pay the RIAA's attorney's fees and costs of suit.
Whatever your opinion of the big labels, these lawsuits are no laughing matter. If they sue you, the $3000 settlement increases to $4000, and can go higher. If you are threatened with a lawsuit, or just concerned about your rights, contact a lawyer immediately for legal assistance.
If you still have P2P file sharing software, purge it from your computer. If you haven't been sued or threatened with suit, purge your shared folder. For more information on how to clear your computer of potentially incriminating information, consult the Electronic Frontier Foundation (EFF.org) which has a useful web page on the subject: http://www.eff.org/IP/P2P/riaa-v-thepeople.php.
The SLSO can offer free resources and advice if you have been targeted. You should act quickly so as not to miss court-imposed deadlines. Come up to room 922 in the Campus Center, or call 545-1995.
The information contained in this article refers to Massachusetts law and does not constitute legal advice. Please submit legal questions to asktheattorney@stuaf.umass.edu. If you need legal advice, seek out an attorney who can give you advice based upon your circumstances and applicable law. Fee paying UMass Amherst students with questions may call the Student Legal Services Office at 545-1995 to arrange and appointment or come to 922 Campus Center to pick up more information.
Be the first to comment on this article!