The RIAA announced in June that it would be turning its
attention to individual pirates, not just the file-sharing
networks, like KaZaA, which facilitate file swapping. Since then it
has served a flood of subpoenas under the controversial US Digital
Millennium Copyright Act (DMCA), ordering ISPs to identify targeted
individuals.
Senator Norm Coleman, Chairman of the Senate Permanent
Subcommittee on Investigations, wrote to the RIAA on 31st July,
expressing concern "that the industry was taking a 'shotgun'
approach to identifying and prosecuting potential violators."
The RIAA's President, Cary Sherman, replied to Coleman on 14th
August, confirming that over 1,075 subpoenas had been issued since
25th June.
He said the RIAA is "in no way targeting 'de minimis' users." He
continued that the RIAA is "gathering evidence and preparing
lawsuits against individual computer users who are illegally
distributing a substantial amount of copyrighted music."
Sherman didn't specify what a "substantial" number would be.
The RIAA explained its targeting. In general terms, it uses
software that scans the public directories available to any user of
a peer-to-peer network. These directories, which allow users to
find the material they are looking for, list all the files that
other users of the network are currently offering to distribute.
When the software finds a user who is offering to distribute
copyrighted music files, it downloads some of the infringing files,
along with the date and time it accessed the files.
Additional information that is publicly available from these
systems allows the RIAA to then identify the user's ISP. The RIAA
can then serve a subpoena on the ISP requesting the name and
address of the individual whose account was being used to
distribute copyrighted music.
Under the DMCA ISPs must provide copyright holders with such
information when there is reason to believe copyrights are being
infringed. The RIAA can then sue the individual, although no court
actions have yet been filed under the current campaign.
The RIAA assured the Senator that any actions taken would be on
a 'fair' basis, citing recent settlements with four students for
between $12,500 and $17,000.
Sherman wrote, "No industry likes to be in the position of suing
those it hopes to convert to paying customers."
He continued, "Just like any retailer who pursues those who
shoplift merchandise from their stores, the music industry is
simply enforcing its property rights against those who are stealing
its music."
In a statement Senator Coleman said that he was gratified by the
assurances but remained concerned about the potential for abuse of
the subpoena process established in the Digital Millennium
Copyright Act and making sure the punishment for violators fits the
crime.
"While the RIAA has not yet filed any copyright infringement
lawsuits, the RIAA has promised to 'approach these suits in a fair
and equitable manner,' Coleman said. "I look forward to continue to
work with the recording industry to ensure that the process is
indeed fair and equitable."
This is a sentiment echoed by public pressure group
NetCoalition. It has sent its own letter to the association
expressing concerns about what it calls the RIAA's "legal fishing
expedition" – particularly as there is no judicial oversight of the
subpoena demands.
