Illegal downloaders told they can pay up or risk facing suit

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Cui servire est regnare
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Letters threaten campus pirates
Illegal downloaders told they can pay up or risk facing suit

By Anna Jo Bratton
Associated Press
Published May 14, 2007

LINCOLN, Neb. -- At first, Sarah Barg thought the e-mail was a scam.

Some group called the Recording Industry Association of America was accusing the University of Nebraska-Lincoln sophomore of illegally downloading 381 songs using the school's computer network and a program called Ares.

The letter said she might be sued but offered her the chance to settle out of court.

Barg couldn't imagine anyone expected her to pay about $3,000 -- $7.87 per song -- for some 1980s ballads and Spice Girls tunes she downloaded for laughs in her dorm room. Besides, the 20-year-old had friends who had downloaded thousands of songs without repercussion.

"Obviously I knew it was illegal, but no one got in trouble for it," Barg said.

But Barg's perspective changed quickly that Thursday in March, when she called student legal services and found out the e-mail was no joke and that she had a pricey decision to make.

Barg is one of 61 students at UNL and hundreds at more than 60 college campuses across the country who have received letters from the recording industry group, threatening a lawsuit if they don't settle out of court.

"Any student on any campus in the country who is illegally downloading music may receive one of these letters in the coming months," said Jenni Engebretsen, an RIAA spokeswoman.

Barg's parents paid the $3,000 settlement. Without their help, "I don't know what I would have done. I'm only 20 years old," she said.

At least 500 university students nationwide have paid settlements to avoid being sued, Engebretsen said. Students who don't take the offer face lawsuits -- and minimum damages of $750 for each copyrighted recording shared if they lose.


Some students are sued

UNL officials have been told that 32 more letters are on the way. At least 17 UNL students who did not take the settlement offer have been sued, according to the RIAA, although the university has been asked to forward only five subpoenas.

But the students coughing up the cash question why they're the ones getting in trouble.

"They're targeting the worst people," said UNL freshman Andrew Johnson, who also settled for $3,000. "Legally, it probably makes sense, because we don't have the money to fight."

Johnson got his e-mail in February, with the recording industry group's first wave of letters targeting college students. He had downloaded 100 songs on a program called LimeWire using the university network.

The money to settle came from the 18-year-old's college fund. He'll work three jobs this summer to pay back the money.

Johnson compares what he did to people driving 5 miles per hour over the speed limit.

"It's not like I downloaded millions of songs and sold them to people," Johnson said.

But just one song can bring a lawsuit, Engebretsen said.

"It is important to send the message that this is illegal, you can be caught and there are consequences," she said.

The industry says money from the settlements is invested in educational programs that schools and other groups can use to spread the word that song-sharing can have severe consequences. Some of the programs are tailored to start with 3rd graders.

Members of Congress this month sent a letter to officials from 19 universities, including UNL, asking for information about schools' anti-piracy policies.

Barg is still angry about her letter from the recording industry group, which she calls bullying.

"Technically, I'm guilty. I just think it's ridiculous the way they're going about it," Barg said. "We have to find a way to adjust our legal policy to take into account this new technology, and so far, they're not doing a very good job."


University warning urged

Barg thinks the university should send an e-mail to all students, warning them that the recording industry won't look the other way.

As campus clears out for the summer, UNL officials are considering launching an educational campaign in the fall.

"If we can do anything to help educate students about what illegal file-sharing is, we're willing and interested in doing that," said Kelly Bartling, a university spokeswoman.

Bartling said no one wants students to have to worry about how to pay tuition because of an expensive settlement. "It is a hugely expensive lesson," Bartling said.

Johnson, the UNL freshman, doesn't think the threats from the recording industry group are going to solve the problem. Friends who know he got in trouble still share music online.

"People are still going to do it until they get caught, and they can't catch everyone," he said
 

Cui servire est regnare
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My question is, what if they don't pay, which i wouldn't..

there is no Debtor's prison in the US, as a college student you have no assets to attach, and its highly unlikely it would come to that..

So i say To hell with em and their legalized extortion...
 

''AKA'' MONGO SLADE FROM BROOKLAND, NY
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i would not give them a damm thing !!! the one's that do pay are suckers !!!:thumbsup:
 

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is it as good as the old Napster was about 6 years ago? i used that endlessly till i had just about every song i ever wanted!

yea i love it. no ads or anything. most files i have no problem downloading. fast to. good media player as well.
 

Cui servire est regnare
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It means the cockroaches can garnish your current or future paychecks.
Being that these are poor college students, filing for Bankruptcy in this case puts an IMMEDIATE stay on any garnishments...

Basically there are more than a few ways around just simply handing them your cash.
 

Woah, woah, Daddy's wrong, Mommy's right.
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what is the significance of a judgment against you?

in some states they can attach current and future earnings and/or any assets (bank accounts, real property) you have. Yes, filing BK can get rid of it, but then you f* yourself from a credit standpoint for a while.
 

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Being that these are poor college students, filing for Bankruptcy in this case puts an IMMEDIATE stay on any garnishments...

Basically there are more than a few ways around just simply handing them your cash.

Brock,

You're a good guy, but you got this one wrong.

#1) If they don't pay, they can go after them with a criminal lawsuit
#2) If they don't pay, they can get a judgement against them, and that would be good usually for 20+ years. Filing bankruptcy is not going to help you ultimately here.
#3) They will get their money, one way or another, in the end. It doesn't mean you'll goto prison (for the financial part) but they will get their money.
 
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Brock,

You're a good guy, but you got this one wrong.

#1) If they don't pay, they can go after them with a criminal lawsuit
#2) If they don't pay, they can get a judgement against them, and that would be good usually for 20+ years. Filing bankruptcy is not going to help you ultimately here.
#3) They will get their money, one way or another, in the end. It doesn't mean you'll goto prison (for the financial part) but they will get their money.


ZZZ, you are good guy, but you are not completly right here.

It depends on the judgment type.
 

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this stuff is REAL serious. in fact the government gives this top priority with any judgements and has priority over child support and IRS payments

in other words, kids will go hungry since wages gets garnished first by the RIAA and whatever else is left goes to child support, normally like 3% of weekly take home pay
 

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There is absolutely no way that a civil judgement from the recording industry comes before tax liens.

Anyways, it is probably in the kids best interest to settle...

If they don't, will the RIAA file suit? Maybe. Will they win in a jury trial? Maybe.

Will it cost more to go to trial than to settle? Yes.

I'd sure as heck let them file before I'd settle...

Best thing that could happen is some kid go to trial and win, but it is doubtful.

Anyways, seems best defense is that someone else was using your unsecured wireless connection.

Sean
 
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Not here to argue, just informing and I take the "usually" to mean that they "can last up to 20 years".

I was also not aware that they can go after you "crimanally", I sure would think that OJ would be back in court by now, but hey you learn something new everyday.
 

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They could go after you criminally for uploading - you know that copyright notice that they have before movies about criminal prosecution. If you make the material available, I suppose some DA could book ya, but the RIAA can not book ya. The RIAA could push DAs to book ya, but I would think most DAs have bigger crimes...

Sean
 

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This is legalized extortion, nothing more, nothing less.

If they don't pony up the 3 grand, this group will most likely take them to FEDERAL court and sue them for $10-20,000. They have to follow through on the suits to keep the settlement money coming in. At that point, you have one of two options...Pay a lawyer much more than 3 grand to defend you OR let a default judgement be levied on you and likely have to file bankrupcy.

Pretty much a no win situation.
 

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