Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

RIAA Escalates Battle

By Samuel Fineman
October 01, 2004

The Recording Industry Association of America (RIAA) recently announced that it has filed a new round of lawsuits against 762 people it suspects of distributing its songs for free over Internet peer-to-peer (P2P) networks like KaZaA and eDonkey.

As of press time, the RIAA has sued roughly 5400 people over the past year in an effort to discourage the online song copying that it believes has cut into CD sales.

“We want music fans to enjoy music online, but in a fashion that compensates everyone who worked to create that music,” RIAA President Cary Sherman said in a statement.

Targeting Colleges

Among those sued were students at 26 different colleges and universities, where the prevalence of high-speed networks and impecunious music fans has led to an explosion of P2P traffic.

Under pressure from the RIAA, many schools have taken steps to limit file sharing and at least 20 schools give students free access to industry-sanctioned download services like Roxio Inc.'s infamous Napster.

The RIAA does not yet know the names of those it has sued, only the numerical addresses used by their computers. The trade group typically finds out suspects' identities from their Internet service providers during the legal proceedings.

In addition to those sued anonymously, the RIAA said it had sued 68 defendants whose identities had been discovered and who had declined offers to settle.

The RIAA typically settles copyright-infringement suits for around $5000 each.

Though the recording industry has successfully sued thousands of individuals, it has had less luck with the peer-to-peer networks themselves. (See, “Grokster Wins Peer-to-Peer Battle” in the September issue of IL&S.)

Courts so far have held that networks cannot be held liable because, like VCR makers, they do not commit copyright infringement but merely make it possible.

Congressional Muscle

The RIAA has pushed Congress to lower the infringement standard. A bill currently being considered in the Senate would hold liable anyone who “induces” others to reproduce copyrighted material.

The RIAA represents the world's largest record labels, such as Warner Music, EMI Group and the music arms of Bertelsmann AG, Sony Corp and Vivendi Universal.

Users of Internet P2P networks, already dodging lawsuits from the recording industry, could face up to 3 years in prison under a bill passed by the U.S. House of Representatives this month.

Under that bill, federal agents would be directed to educate the public about copyright rules and seek out those who allow others to copy their music collections through P2P networks like KaZaA and Morpheus.

Those who secretly videotape movies when they are shown in theaters would also face prison sentences of up to three years under the bill.

The Senate approved a similar bill in June, but differences must be reconciled before President Bush signs it into law.



Samuel Fineman Internet Law & Strategy [email protected]

The Recording Industry Association of America (RIAA) recently announced that it has filed a new round of lawsuits against 762 people it suspects of distributing its songs for free over Internet peer-to-peer (P2P) networks like KaZaA and eDonkey.

As of press time, the RIAA has sued roughly 5400 people over the past year in an effort to discourage the online song copying that it believes has cut into CD sales.

“We want music fans to enjoy music online, but in a fashion that compensates everyone who worked to create that music,” RIAA President Cary Sherman said in a statement.

Targeting Colleges

Among those sued were students at 26 different colleges and universities, where the prevalence of high-speed networks and impecunious music fans has led to an explosion of P2P traffic.

Under pressure from the RIAA, many schools have taken steps to limit file sharing and at least 20 schools give students free access to industry-sanctioned download services like Roxio Inc.'s infamous Napster.

The RIAA does not yet know the names of those it has sued, only the numerical addresses used by their computers. The trade group typically finds out suspects' identities from their Internet service providers during the legal proceedings.

In addition to those sued anonymously, the RIAA said it had sued 68 defendants whose identities had been discovered and who had declined offers to settle.

The RIAA typically settles copyright-infringement suits for around $5000 each.

Though the recording industry has successfully sued thousands of individuals, it has had less luck with the peer-to-peer networks themselves. (See, “Grokster Wins Peer-to-Peer Battle” in the September issue of IL&S.)

Courts so far have held that networks cannot be held liable because, like VCR makers, they do not commit copyright infringement but merely make it possible.

Congressional Muscle

The RIAA has pushed Congress to lower the infringement standard. A bill currently being considered in the Senate would hold liable anyone who “induces” others to reproduce copyrighted material.

The RIAA represents the world's largest record labels, such as Warner Music, EMI Group and the music arms of Bertelsmann AG, Sony Corp and Vivendi Universal.

Users of Internet P2P networks, already dodging lawsuits from the recording industry, could face up to 3 years in prison under a bill passed by the U.S. House of Representatives this month.

Under that bill, federal agents would be directed to educate the public about copyright rules and seek out those who allow others to copy their music collections through P2P networks like KaZaA and Morpheus.

Those who secretly videotape movies when they are shown in theaters would also face prison sentences of up to three years under the bill.

The Senate approved a similar bill in June, but differences must be reconciled before President Bush signs it into law.



Samuel Fineman Internet Law & Strategy [email protected]

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers Image

In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.

Fresh Filings Image

Notable recent court filings in entertainment law.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.