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Out-Law News 2 min. read

RIAA sues another 493 file-sharers


The Recording Industry Association of America has sued 493 alleged file-swappers for copyright infringement. But if a bill heading for the Senate reaches the statute books, file sharers are likely to face more actions than ever – brought by the US Justice Department.

The RIAA has been trying for years to counter the phenomenon of file-sharing, where users distribute and download copyrighted music over P2P services such as Kazaa. After suffering several legal setbacks in actions against the service providers, the RIAA turned its attention to individual file-swappers in June last year, and began filing suits in September. Since then, almost 3,000 individuals have been sued, including the latest batch.

The bulk of the actions brought so far by the RIAA are "John Doe" lawsuits, which are used in the US to sue people whose names are not known. This is the fourth batch of "John Doe" actions to be filed and it is likely that many of them never see the light of a courtroom. According to Cary Sherman, president of the RIAA, the association and its member companies prefer to settle the disputes.

"We will continue to go the extra mile and seek to resolve these cases in a fair and reasonable manner. That's in the best interests of everyone involved," he said.

Reuters reports that 486 of the 2,947 cases filed so far have indeed settled, for an average sum of about $3,000. But some individuals cannot, or will not settle.

The RIAA has therefore announced a further lawsuit against 24 named defendants – individuals who were identified through the "John Doe" litigations and then declined or ignored an RIAA overture to settle the case.

"Our continuing objective is to send a message of deterrence, protect the rights of property owners, and foster environment where the legitimate marketplace, both on-line and at retail, can flourish," explained Sherman.

But with millions of internet users reportedly using P2P networks for illegal file-sharing, the suits brought on Monday represent just a drop in the ocean for the record industry. Both it and the P2P community will therefore be watching with interest the progress of a draft bill that aims to allow the US Justice Department to bring civil prosecutions against file sharers.

According to CNET News.com, the draft "Protecting Intellectual Rights Against Theft and Expropriation Act of 2004," catchily known as the "Pirate Act", intends to extend the existing right of federal prosecutors to bring criminal actions against certain file-swappers to the more flexible, and more easily proved system of civil actions.

The Bill was first introduced in late March and has made remarkable speed through the Judiciary Committee. The full Senate could debate the draft as early as next week, says CNET.

According to Wired News, Philip Corwin, lawyer for Kazaa distributor Sharman Networks commented, "The Pirate Act effectively gives Government the authority to use taxpayer dollars to bring civil actions against file sharers on behalf of copyright holders."

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