ettling lawsuits intended to strike fear in the
hearts of college students who regularly download music over the
Internet without paying for it, four students have agreed to pay the
recording industry's trade association $12,000 to $17,000 each over
the course of the next three years.
The suits were the first effort by the recording industry to take
direct legal action against students in its efforts to stamp out
Internet piracy, which has spiraled on college campuses despite the
demise of Napster, the service that set off a frenzy of online music
trading three years ago.
The suits charged the students with operating "mini-Napsters" on
their campus computer networks and illegally supplying popular music
for other students to copy.
The amount of the settlements came to far less than the potential
billions of dollars originally asked for in the lawsuits, filed
separately last month by the Recording Industry Association of
America. The association said it was seeking to send a warning to
students, rather than reap financial damages.
The settlements announced yesterday, which require an initial
payment by each of the four students and annual installments through
2006, were seen largely as a slap on the wrist by some school
officials and lawyers involved in the case. The students also agreed
not to knowingly infringe the record label's copyrights using the
Internet and to shut down the services that provided the network
search tools.
"This seemed like a fair amount," said Matt Oppenheim, the
association's senior vice president for business and legal affairs.
"It seemed like an amount that was enough to deter both these
students and others in the future."
But in a statement, Daniel Peng, a sophomore at Princeton
University who was one of the students who were sued, denied any
wrongdoing.
"I don't believe that I did anything wrong," Mr. Peng said. "I am
glad that the case has been settled amicably, and I hope that for
the sake of artists, the larger issues can soon be resolved."
To the dismay of the record labels, copying music over the
Internet without paying for it has become an accepted way of life
for college students. Many justify this by blaming the record
industry for charging too much for CD's, not paying artists enough,
or not providing acceptable legal alternatives.
The lawsuits are part of an increasingly aggressive effort by the
record labels to tell Internet file-traders on campus and beyond
that no matter what they may think of the industry's practices,
their actions are illegal. Earlier this week, the recording industry
association devised copyright infringement warnings that pop up on
the computer screens of people who are providing music files for
others to copy.
In addition to Mr. Peng, the complaints charged Joseph Nievelt, a
student at Michigan Technological University, and Aaron Sherman and
Jesse Jordan, both students at Rensselaer Polytechnic Institute,
with directly infringing copyrights by providing dozens of songs
from popular artists to other students to copy.
Since the lawsuits were filed, the record industry association
says that more than 18 campus file-sharing networks like those run
by the four students have been pulled down. Many college
administrators are also increasing enforcement efforts. This week,
the New Jersey Institute of Technology banned the use of
file-sharing software.
But the lawsuits, which were widely discussed on college
campuses, were seen by some students and school officials as taking
unfair advantage of people who could not afford to defend
themselves.
"This suit is about the industry's attempt to intimidate Internet
users and instill fear of lawsuits against users of the Internet,
particularly students," said Howard Ende, a lawyer from Drinker,
Biddle & Reath who is representing Mr. Peng. "They need to find
some other way to protect their economic interests than bringing
suits against bright creative young people."
Andy Jordan, whose son Jesse will have to pay $12,000 to the
recording association, said his son's Web site, which allowed
students on campus to type in a search term and click on a link to
copy the files residing on other students' computers, was much more
like the popular Web search engine Google than Napster.
"The lawsuit was bogus," said Mr. Jordan, of Oceanside, N.Y., who
is unemployed. "Jesse's worked very hard for three years, every
summer, every weekend, to save up money for college. Now we're in a
bind. How is he going to have enough to pay for next year?"