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The RIAA one year later

As recording industry wages nationwide war on piracy, OU falls off the map

Published: Thursday, February 28, 2008
Last Modified: Thursday, February 28, 2008, 2:02:37am

Dave Hendricks / Campus Senior Writer / dh100006@ohiou.edu
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As the recording industry’s nationwide legal battle against college music sharers enters its second year, Ohio University — once ground zero in that campaign — is no longer under fire.

Identified last February by the recording industry as the recipient of more music sharing complaints than any other university, OU shelled out more than $75,000 last summer for a device that scans data crisscrossing its network for copyrighted media.

Copyright complaints plummeted from 716 during Fall Quarter 2006 to 77 during Fall Quarter 2007. Threats of litigation from the Recording Industry Association of America, the music industry trade group that coordinated the crackdown, stopped altogether.

“There has been a very dramatic change at Ohio University,” said RIAA President Cary Sherman.That change began last February, when the The Associated Press published the top 25 recipients of the RIAA’s copyright complaints. OU topped the list with 1,287.

“This is not a list any school wanted to be on,” Sherman said, adding that widespread publication of the list put pressure on universities.

Before the end of that month, OU would top another RIAA list, this one more serious.

Six days after the AP article, the RIAA sent 400 letters to 13 universities; one in eight went to OU. In each letter, the RIAA alleged that a university Internet address distributed copyrighted music and asked each school to forward the letter to the person responsible.

Unlike copyright complaints sent under the Digital Millennium Copyright Act, which warn of potential legal liability for the university, these letters demanded unspecified settlements from individual network users within 20 days. The letters threatened lawsuits if the recipients did not respond or refused to settle.

OU, like most universities, forwarded the letters.

When the University of Wisconsin-Madison refused to forward 15 letters to its students in March, the RIAA responded by upping the number of letters to 66 across the University of Wisconsin system. Record companies filed lawsuits against the unnamed network users and forced the university to turn over student names and other information.

This month, the RIAA sent 401 more letters, none of which went to OU. In all, the RIAA has sent 5,404 letters to universities and commercial Internet service providers nationwide. More than 2,300 recipients have settled. The RIAA has filed lawsuits against 2,465 people who either did not respond, refused to settle or were not forwarded the letter. Of the 100 OU students threatened with lawsuits, 80 settled.

Lawsuit Machine

Thousands of DMCA notices are sent to universities and commercial Internet service providers each month. The notices, which warn ISPs that someone using their network is violating copyright law, are an important weapon in the RIAA’s war on piracy.

Several companies have sprung up to send DMCA notices on behalf of major movie studios and record labels for a fee.

One of those firms, California-based MediaSentry, works with the RIAA to send DMCA notices on behalf of major record labels and gathers evidence for use in copyright infringement lawsuits. Together, MediaSentry and Colorado-based law firm Holme Roberts & Owen form the backbone of the RIAA litigation campaign.

MediaSentry, HRO and smaller, regional law firms that handle cases in each state all referred Post inquiries to the RIAA, which has been tight-lipped about the campaign — refusing even to confirm its widely known association with MediaSentry. Court filings, though, have revealed the basics of that arrangement.

In a sworn statement filed this summer in federal district court, an RIAA vice president explained that MediaSentry combs file-sharing networks for music files copyrighted by RIAA members. When it finds a user sharing such files, MediaSentry downloads them and records the sharer’s Internet provider address.

Any resulting copyright infringement lawsuit hinges on the RIAA’s ability to link that IP address to an individual computer and its owner — something only an ISP, in this case the university, can do.

Those files are passed to the RIAA, which listens to each song to determine whether the file contains copyrighted music, according to court filings. Once satisfied, the RIAA creates a list of about 10 copyrighted songs marked “Exhibit A.”HRO sends Exhibit A, along with a form letter, to the college or university tied to the IP address. The RIAA asks that the college or university match the IP address to the student and forward the letter.

Each letter warns that unless the recipient settles copyright infringement allegations within 20 days, he or she will be sued in federal court. The letter encourages recipients to visit p2plawsuits.com, where they can settle online with a credit card.

Students who settle within 20 days usually pay at least $3,000, Sherman said, adding that the RIAA has not made an exact figure public. After she was sued, one OU student paid more than $10,000 to settle.

“The easier you make (copyright) infringement, the more people will do it,” Sherman said. “The whole program here is deterrence. The more people you can send a notice to … the more likely it is that the people they know will know someone that was sued.”

OU received 100 letters during the last academic year and chose to forward them to students. Of those, 80 settled, according to the RIAA.

One man gave up his truck’s title to pay his daughter’s settlement. Several students interviewed by The Post said they were not sure if they could afford to pay both the settlement and tuition.

Eight students who did not settle were sued in Ohio’s federal district courts after OU was forced to hand over their names during the summer in response to a subpoena. One student unsuccessfully challenged the subpoena; his name was turned over Nov. 30.

Five cases are ongoing. Another student settled and a seventh, who failed to respond to the lawsuit, had a $6,750 default judgment entered against her. Record companies have asked that their eighth case be dismissed. One lawsuit could cost OU its starting varsity baseball catcher.

“I am a college student who is trying to better myself and if I have to pay this I am going to be forced by my father to drop out of school,” wrote Chris Klimko, a junior criminology major and starting catcher for OU’s baseball team since his freshman year. “I do not have their music, and I do not want their music. If they were trying to get people to stop listening to their music, they succeeded.”

Action at OU

OU administrators scrambled to respond after the RIAA figures were released last February.

“Up until now, we filed judicial charges only against students deemed to have engaged persistently in illegal file-sharing over the computer network,” wrote Kent Smith, vice president for Student Affairs, in an e-mail to students. “However, in light of increased reports of the problem, all newly-reported, alleged first-time offenders will be referred to University Judiciaries in a manner consistent with our existing policy.”

Previously, students temporarily lost Internet access and received a warning if it was alleged they had shared media using peer-to-peer software.

Leadership changes in OU’s central information technology division resulted in an abrupt policy reversal.

Shawn Ostermann, then interim chief information officer, did not change the university’s stance on peer-to-peer software during Winter Quarter 2007, despite an increase in DMCA notices. He cited legitimate uses of the software and was concerned that banning a type of traffic from the campus network would damage academic freedom.

OU banned all peer-to-peer traffic the following quarter under its new CIO, Brice Bible. At the time, OU said it would issue exceptions for those with a legitimate need to use peer-to-peer software. That ban would draw widespread condemnation. OU began to look for a better option.

Audible’s Magic Box

Colleges and universities across the country are turning to special software to wipe out, limit or monitor peer-to-peer file-sharing on their networks. OU began testing one of these devices last year and spent more than $75,000 to purchase one.

CopySense, a special computer sold by California-based Audible Magic, uses patented software to create audio fingerprints for copyrighted media. It compares those fingerprints to audio passing over OU’s network and disconnects computers sharing files with matching fingerprints.

OU paid $59,950 for the CopySense device and an additional $15,585 for support, maintenance and a year of database updates, which keep the device loaded with fingerprints for newly released music.

After CopySense was installed, the number of DMCA notices OU received dropped dramatically.

Each notice lists the copyrighted file and how long it was available. None of the 77 files listed in DMCA notices sent to OU during Fall Quarter 2007 was available for more than two seconds. During the same time during the previous academic year, before OU purchased CopySense, some files were available for several weeks.

DMCA notices received during Fall Quarter 2007 were probably generated in the seconds before CopySense disconnected the offending computer from OU’s network, said Sean O’Malley, OU’s information technology communications manager. Record companies have not sued any OU student for copyright infringement that occurred during Fall Quarter.

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Reader Comments

iyaoyas said on 2008-02-28 12:37:23: Quality: +0

Disgusting. Forcing students out of school is a punishment that by no means fits the crime. In a time where education is more important than ever the RIAA's actions are despicable. One day the recording industry will regret the heavy handed techniques they are using.

Outdoor83 said on 2008-02-28 23:41:13: Quality: +0

Everyone at OU, and elsewhere, knows that downloading illegal stuff is, well, illegal. I don't download illegal material because I can get high-quality music from Amazon for less than a dollar a song, and just get a DVR to get all the shows I want to watch. I also don't download it because I don't want a monstrous settlement fee.

Assuming that those indicted actually did what the RIAA says they did, they all went into this knowing what they were doing might get them busted. It did. I can't really feel too bad for them. If you'll have to leave OU if you get busted, what are you doing downloading illegal material?

CuriosityAndTheCat said on 2008-02-29 00:41:34: Quality: +0

The RIAA is akin to the mafia or even a pimp. They have been taking (the wrong) people to court under the pretense that by downloading music/movies/etc. that person is depriving the artists of their rightfully earned money. It turns out, they're keeping the cash.

http://torrentfreak.com/riaa-keeps-settlement-money-080228/
http://www.p2pnet.net/story/15088 (about OU)
http://www.p2pnet.net/story/14853 (even more from the past year)

(Yes, the articles are from pro-P2P sites, but who else will stand up against the RIAA?)

I wonder why when Comcast tries to throttle the bittorrent protocol usage they get reamed, but when the university does it it's just business.

ME2010 said on 2008-02-29 02:56:25: Quality: +0

"Assuming that those indicted actually did what the RIAA says they did..."

That is the big problem though, no college kids, and very few of their parents, can afford to argue with what the RIAA says. All the RIAA has to do is accuse you of it and you're stuck with paying an out of court settlement or fighting them in court, which always costs more (unless you are one of the 2 or 3 people who have counter sued for court costs and won).

dhendricks said on 2008-03-01 16:32:15: Quality: +0

RE: CuriosityAndTheCat

Audible Magic filters traffic based on content. From the reports I've read, Comcast is filtering based on protocol (so uploading a Linux distro would be be interrupted by Comcast, even though doing so is legal and encouraged). OU is not, to my knowledge, throttling Bittorrent.

Kevin_Casey said on 2008-03-02 04:46:11: Quality: +0

Re: Outdoor83

First off, your claim that all of the students prosecuted by the RIAA would have fully understood the repercussions facing them as they consciously broke the law is, quite plainly, shortsighted. This is precisely the sort of untenable red herring that the corporate justice community is throwing the public with its latest series of witch-hunts.

Consider for a moment how many people, particularly young adults, celebrate Halloween by running around spraying silly string (obscure, I know, but I promise I’m going somewhere with this). For those of us in Athens it’s more or less encouraged, right? But each Halloween, city officials in Hollywood impose a strict ordinance banning the use, possession, or distribution of silly string, with violators facing fines of $1,000 and/or up to six months in jail. Now—I understand that annoying aerosol foam pales in comparison to commercial copyright law. Still, would you expect the city to weed you out and walk it to you over something like that when hookers punch dayshifts on Sunset Boulevard?

Here in the States, this little jag about intellectual property rights and working-class livelihood dates back beyond even the Vaudeville era. Out of nowhere came TV, and we were told that broadcasting violated copyright law, a zeitgeist that they dusted off years later when VCR came about. That snazzy DVR of yours would have been next up to bat had the wheels not fallen off the dotcom wagon.

Yet now that the Internet age is in full swing, the “institution” is once again responding to technological innovations by jumping the shark—or at least having their people jump it for them—when what they should be focusing on is adapting new systems of distribution (you see, boys and girls, that ol’ bottom line lets us forget about unpatriotic things like Research & Development) the recent strike by the writer guild out west is a chronic bedsore of that happy indolence touted by those fat-cats lurking between the liner notes (which most execs have nickeled-and-dimed to extinction so we can tune to Vh1 to know what’s “behind the music”).

In the end though, sloppy attempts by the RIAA to make examples out of a sparse few do not achieve any sort of sustainable legal precedent. Unless this biz sobers up and starts cutting records that are worth selling let alone copyrighting, there won’t be anyone left listening when it's curtains.


K.C.

Outdoor83 said on 2008-03-03 23:31:31: Quality: +0

"First off, your claim that all of the students prosecuted by the RIAA would have fully understood the repercussions facing them as they consciously broke the law is, quite plainly, shortsighted. This is precisely the sort of untenable red herring that the corporate justice community is throwing the public with its latest series of witch-hunts."

Seriously? You don't think people know that others are being sued? Have you not seen the posters in the dorm? Do you live under a rock? I'm not buying this one. They went into illegal downloading knowing that there was a risk of getting caught just as much as underage people going to a party to drink know there's a risk they'll get arrested. The rules are very, very obvious. It's all over the Internet, in mailings from the University, etc. You can't convince anyone that they didn't *know*.

We've all seen your argument before, and it's based on two things which are false:

1) They don't make music that anyone wants to buy
2) The law is dumb, so we shouldn't obey it

On the first note: if they weren't making music that people wanted to hear, there'd be no copyright problems. There is. Therefore, they're making music people want to hear. If people want to hear it, then they'd be willing to put some money down to hear it. Hence, buy it. This one needs no further explanation.

On the second: I agree with you, the law is dumb. If you want to ignore it and download illegally anyhow, go right ahead. But you can't tell me that if you get busted that you didn't know it was coming. If you think speeding laws are dumb, go ahead and speed. But you deserve the ticket you get. It's the same thing here.

I don't like the law. Seems safe to say that you don't like the law. So, let's fight to get the laws changed. Just downloading anyway weakens our point and makes us look like we just want stuff for free.

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