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Assessing Challenge To Damages in File-Sharing Litigation

By Eric R. Chad and William D. Schultz
February 26, 2009

The recording industry estimates that music piracy has cost it billions of dollars during the past 15 years. Facing the potential for an industry-wide collapse, the Recording Industry Association of America (RIAA) undertook its aggressive litigation campaign to protect itself and its constituents from copyright infringement by suing individual file sharers. After fighting a public relations battle over some of its tactics, the RIAA has chosen to temper its aggressiveness. The RIAA is instead forming relationships with ISPs that maintain the online accounts of the consumers.

With the ISP relationship, the RIAA will be able to bypass filing a lawsuit to determine a consumer's name and other information, previously a requirement to obtain the information. With the revised strategy, the ISP will be the consumer contact, sending out e-mails to request cessation of infringement. If the consumer does not heed the warning, he or she may risk having the ISP shut down the Internet access. Alternatively, the RIAA may file a lawsuit, depending on the particular infringement.

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