he struggling recording industry intensified its
efforts to combat online piracy yesterday, announcing that it
planned to sue individual computer users who share substantial
amounts of music online.
Cary Sherman, president of the Recording Industry Association of
America, which represents the five major music labels, said that the
industry today would start gathering evidence against such
individuals by using software to scan the public directories of
peer-to-peer networks like KaZaA and Grokster. He said he expected
at least several hundred civil and criminal lawsuits would be filed
within 8 to 10 weeks.
Mr. Sherman said that the association's lawyers would file suits
against people with the largest selections of online music files —
no matter their age. United States copyright laws allow for damages
of $750 to $150,000 a song. He declined to specify how many songs on
a person's computer would be considered substantial.
"A lot of people think they can get away with what they are doing
because peer-to-peer file sharing allows them to hide behind made-up
screen names," Mr. Sherman said. "They are not anonymous. The law is
very clear. What they are doing is stealing."
The move is the latest step by the recording industry to battle
the illegal online downloading it blames for much of its slump. Over
the last four years, music sales have plummeted more than 25
percent, Mr. Sherman said. In April, the association began sending
warnings to people who offer popular songs for others to copy. It
also filed lawsuits against four college students, charging them
with copyright infringement and seeking billions of dollars in
damages.
The industry was emboldened to make this latest move after the
United States Court of Appeals ruled recently that Internet
providers were required to release the names of subscribers
suspected of illegally sharing music and movie files. It is the hope
of music executives that the threat of a lawsuit and public
humiliation will deter future online swapping, Mr. Sherman said.
But Fred von Lohmann, a civil liberties lawyer who is a frequent
critic of the music industry, faulted the association for its
tactics. Mr. von Lohmann, a lawyer at Electronic Frontier
Foundation, a nonprofit group in San Francisco, said that a minor
could be involved in some cases. He said that such a measure could
result in a backlash from angry consumers during a time of economic
hardship.
"We think it's a particularly outrageous and ill-advised
strategy," Mr. von Lohmann said. "Suing your best customer is always
a bad idea. What we need is a way to better pay artists and to make
file sharing legal."
Some critics of the music industry said that the industry's
decline was related more to overpriced CD's, a lack of new talent
and lackluster releases by older artists, rather than
downloading.