2008 Woodie Awards
U. of Maryland student may fight recording industry file-sharing lawsuit
Chris Yu
Issue date: 3/4/08 Section: News
The university keeps students' names confidential unless the RIAA issues a subpoena, which if only does if the student refuses to settle.
OIT forwarded her an e-mail from the RIAA that told her she could settle out of court for $3,000. She balked at the cost.
"At that point, I had never heard about this," she said. "If I rob a store, I wouldn't be fined this amount of money."
Jessica hopes the case will never make it to trial. If it does, she could pay between $750 and $30,000 for each file she downloaded illegally, said Anne Bowden, University Counsel. But the penalty can be up to $150,000 per file if the court finds that the infringement is deliberate. Conversely, if the court sees the defendant as being unaware of the violations, then the penalty may be $200 or less per illegal download.
"I think it's ridiculous," Jessica said. "Unconstitutional."
But everyone agrees. At the forum, many spoke out on the economic damages file sharing can pose for the music industry.
"This is taking money from my retirement," said William Montgomery, a school of music professor and chair of the University Senate. "I urge you to think of it in a more human way."
Cathy Fink, a Grammy award-winning producer, songwriter and singer, said illegal downloading will lower the quality of recordings because without an adequate budget, musicians cannot afford to use the best equipment.
"Ultimately, illegal file sharing takes money out of ... the health, well-being of artists," Fink said.
But Jessica argued that the fines the RIAA collects don't go to artists.
"My feelings have not changed on file sharing," she said. "To me, people sharing about music is a way to learn about new artists."
Jessica sought help from her father, a personal injury attorney. Though he does not know much about file sharing, he tried to negotiate for a smaller settlement, and the RIAA offered him a six-month payment plan. But it was still too expensive, Jessica said.
Calling the recording industry group "jerks," she remains staunch in her position. The RIAA, she said, will never see a penny of her money. Not only that, she added, they've lost a customer.
OIT forwarded her an e-mail from the RIAA that told her she could settle out of court for $3,000. She balked at the cost.
"At that point, I had never heard about this," she said. "If I rob a store, I wouldn't be fined this amount of money."
Jessica hopes the case will never make it to trial. If it does, she could pay between $750 and $30,000 for each file she downloaded illegally, said Anne Bowden, University Counsel. But the penalty can be up to $150,000 per file if the court finds that the infringement is deliberate. Conversely, if the court sees the defendant as being unaware of the violations, then the penalty may be $200 or less per illegal download.
"I think it's ridiculous," Jessica said. "Unconstitutional."
But everyone agrees. At the forum, many spoke out on the economic damages file sharing can pose for the music industry.
"This is taking money from my retirement," said William Montgomery, a school of music professor and chair of the University Senate. "I urge you to think of it in a more human way."
Cathy Fink, a Grammy award-winning producer, songwriter and singer, said illegal downloading will lower the quality of recordings because without an adequate budget, musicians cannot afford to use the best equipment.
"Ultimately, illegal file sharing takes money out of ... the health, well-being of artists," Fink said.
But Jessica argued that the fines the RIAA collects don't go to artists.
"My feelings have not changed on file sharing," she said. "To me, people sharing about music is a way to learn about new artists."
Jessica sought help from her father, a personal injury attorney. Though he does not know much about file sharing, he tried to negotiate for a smaller settlement, and the RIAA offered him a six-month payment plan. But it was still too expensive, Jessica said.
Calling the recording industry group "jerks," she remains staunch in her position. The RIAA, she said, will never see a penny of her money. Not only that, she added, they've lost a customer.
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