Insurance News Net, PA
06-27-07
RIAA subpoenas 9 Iowa State U. network users
Copyright: Iowa State Daily via U-WIRE
Comtex Business
AMES, Iowa, Jun 26, 2007 (Iowa State Daily, U-WIRE via COMTEX) -- The
Recording Industry Association of America filed copyright infringement lawsuits against nine Iowa State University network users June 14.
These lawsuits, filed in Iowa's Southern District Court, follow a pre-litigation process that offered network users accused of copyright infringement to settle anonymously for $3,000.
According to a press release from the RIAA, these nine network users did not exercise that option, either because they are ignoring the offer or because they did not receive the letter forwarded from Iowa State.
Keith Bystrom, associate university legal counsel , said it is possible some network users had not received the letters, although they were passed along properly.
"They weren't sent certified or anything -- there's no confirmation they've been received," Bystrom said. "The law requires a reasonable effort, and we've done that."
As the next step in the litigation process, Iowa State received subpoenas last
Friday.
"We've determined they are valid and lawfully issued subpoenas, and we will be notifying the students identified," Bystrom said.
Bystrom's remark implies the nine network users are students, but all the information in the subpoenas is confidential.
The network users named will be given 10 days to act against the subpoena before Iowa State will provide the requested information to the RIAA.
"There could be some creative ways for them to protect their privacy," Bystrom said. "Those haven't worked, for the most part."
Following the service of the subpoena is a discovery process, in which either party to a lawsuit can request information from the other and take depositions.

Bystrom said the earliest a defendant could expect to have their trial held would be six to eight months, with a more likely time period being one to two years.
During this time, they would suffer no legal consequences.
"They do have the consequence that they had better change their behavior if they have been sharing files," Bystrom said. "You better believe the record companies will still be monitoring them, and if they're caught, it would not go well for them."
The RIAA could not be reached for comment.
Bystrom's only advice to a defendant in one of these cases is to seek an attorney.
"The attorney has to be able to evaluate their particular case," he said.
Students may still be able to settle, but the RIAA's press release indicates the settlement amount will be higher than the $3,000 that was offered earlier.
Bystrom said attorney's fees would be the most expensive part of any student's defense, at between $150 and $400 an hour. Many attorneys would require a retainer of between $1,000 and $1,500 to start work, as well.
If the case is lost, the minimum penalty under the Digital Millennium Copyright
Act is $750 per infringement. Bystrom said he has heard of cases with numbers of infringements ranging from as low as 40 to more than 1,800 -- a million-dollar case.
There are a few cases of students winning lawsuits against the RIAA, but
Bystrom said these are rare. If the RIAA has enough evidence gathered to prosecute, they usually have enough to win.
Bystrom was not hopeful for students who did try to fight.
"They're going to be able to prove, by a preponderance of evidence, that you did infringe their copyright," he said.