Daily News Clips
Office of the Chancellor / Public Affairs
Wednesday, March 24, 2004
 

Chronicle of Higher Education 3-24-04

New Round of Recording-Industry Lawsuits Pursues Song-Swappers on 21 University Networks
By BROCK READ

 

Record companies stepped up their campaign against campus music piracy on Tuesday by filing suit against 532 individuals whom the companies accuse of illegally swapping songs, including 89 people using university computer networks.

In earlier lawsuits, the industry had pursued users of commercial Internet-service providers and had offered no details about whether any of the people it was suing were college students. But Tuesday's lawsuits, filed in federal courts across the country, identified Internet addresses on 21 university networks among the 532 defendants. In a first, the industry released the names of the universities where it says the illegal song-swapping occurred.

"We've always intended to address copyright infringers on university networks," said Cary Sherman, the president of the Recording Industry Association of America, in an interview on Tuesday. "These lawsuits are just part of a multipronged process to try to ensure that college students understand they're not immune from the consequences of illegal activity."

Tuesday's lawsuits were the third batch the record companies have filed since January, when a federal court struck down their efforts to use a fast-track subpoena process to learn the names of alleged file traders. Under the more cumbersome "John Doe" process that the industry group now uses, it initially files suit against individuals it knows only by their Internet addresses. In its Tuesday filings, the industry requested subpoenas that it can use to force network administrators to turn over information on the identities of the unnamed defendants.

As it has done with commercial Internet-service providers, the record industry served universities with subpoena notices before filing the official subpoena requests in court. Vanderbilt University, one of the institutions cited in the industry suits, has received nine such notices since December, according to Terry Cavender, the university's network-security officer.

"The notices let us know that we're obligated to try and preserve the data on those computers," said Mr. Cavender. "So we've done that, and since then we've just been waiting to see if we'd get the actual subpoenas."

Some subpoena requests could face obstacles on their way to the universities. Earlier in March, a federal judge in Philadelphia ruled that the recording industry could not sue John Doe defendants en masse. Instead, the judge said, industry lawyers would have to submit subpoena requests individually -- a procedure that takes far more time and money.

Judges in other jurisdictions, though, have approved the lumped lawsuits. "My impression is that the Philadelphia ruling is just an exception," said Mr. Sherman. "We would expect to have subpoenas to the colleges anywhere from within a week to within a month."

Mr. Cavender, of Vanderbilt, did not say whether his institution would honor the subpoenas if they arrive. "I'm going to go over to the general counsel's office and say, 'Here, I've got 'em. What do we do?'" he said. "That's about as close to a detailed plan as I can get."

The institutions named in the RIAA suits were California State University at Northridge; Indiana University at Bloomington; Drexel, George Mason, George Washington, Georgetown, Loyola Marymount, Marquette, New York, Stanford, Vanderbilt, and Villanova Universities; and the Universities of Arizona, California at Berkeley, Colorado at Colorado Springs, Indianapolis, Maryland at College Park, Michigan at Ann Arbor, Northern Colorado, Pennsylvania, and Southern California.