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Thursday, November 29, 2007
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OU student gets extension to reply to RIAA suit

Published: Thursday, November 29, 2007

Dave Hendricks / Campus Senior Writer / dh100006@ohiou.edu

An Ohio University student who did not respond to a music-sharing lawsuit has avoided a more than $7,000 default judgment against him and extended his deadline to reply until Dec. 5.

Brandon Martin was a freshman when the Recording Industry Association of America, on behalf of six record companies, accused him of using a popular file-sharing program to distribute 10 songs. When he didn't pay a settlement -usually about $3,500 - within 20 days, lawyers for those record companies filed a lawsuit in federal court seeking minimum damages of $750 per song, plus attorney's fees.

Martin is among thousands of college students who have received pre-litigation settlement letters over the last 10 months as part of the recording industry's crackdown on music sharers using high-speed college networks. Universities have been asked to pass along the letters to students, who must choose to settle or prepare for a lawsuit.

Over the summer, one OU student filed a motion to prevent record companies from discovering his or her identity, the first step in filing a lawsuit. A judge denied the motion earlier this month.

On Sept. 4, the first day of Martin's sophomore year, lawyers for 11 record companies filed copyright infringement lawsuits against him and four other OU students. Though the RIAA announced the lawsuits to the press two days later, Martin was not officially notified for another six, according to court documents.

From that point, Martin had until Oct. 4 to respond. He sent a letter to the court two days before the deadline explaining that he was still looking for a lawyer, according to documents. The clerk did not file the letter, but did send Martin information on finding a lawyer.With no response filed, recording industry lawyers filed for a default judgment, asking for $6,750 in damages and $445 in attorney's fees.

Attorney Brian J. O'Connell, who is representing record companies against Martin, said more than half of the 100 cases he's worked on over the last two or three years have ended in default judgments.

In a sworn affidavit filed this week, Martin said that the day after his last exam, he hired J. Eric Holloway of Columbus law firm Isaac, Brant, Ledman and Teetor, LLP., to represent him.

The day after Holloway filed his first motion on behalf of Martin, a judge granted a two-week extension and established a new deadline - Dec 5.

Holloway could not be reached and Martin did not return repeated requests for comment. RIAA spokesman Jonathan Lamy said he cannot comment on individual cases.

Three of the four remaining OU students were also served with lawsuit notices this month.

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