Monday, May 14, 2007

Lawsuits trouble music downloaders

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

It seemed fishy. Some group called the Recording Industry Association of America was accusing the University of Nebraska-Lincoln sophomore of illegally downloading 381 songs using the university'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 $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.

FIND MORE STORIES IN: Johnson | Recording Industry Association of America | UNL | Bartling | Jenni Engebretsen | Barg

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.

Bargis one of 61 students at UNL and hundreds at more than 65 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, a spokeswoman for the group.

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 computer users nationwide have paid settlements to avoid being sued, Engebretsen said.

Students who don't take the offer can face lawsuits with minimum damages of $750 for each copyrighted recording shared.

UNL officials have been told 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 recording industry group, 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," 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 illegally 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 five miles 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.

Just because it doesn't feel wrong doesn't mean it isn't, she said.

The industry says attitudes need changing, and invests money from the settlements in educational programs meant to be used by schools and other groups to spread the word that illegally downloading can have severe consequences.

Some of the programs are tailored to start with third-graders.

"We do recognize that by the time students reach college, many of their music habits are already formed," Engebretsen said.

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

According to the letter, more than half of college students illegally download music and movies. The information requested is intended to help assess whether Congress needs to advance legislation to ensure illegal downloading "is no longer commonly associated with student life on some U.S. campuses," the letter says.

Barg is still angry about her letter from the recording industry group, which she calls bullying. But she agrees illegally sharing music is common, and that other students don't understand the consequences.

"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."

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

"You have to take a side," she said. "You can't just do the RIAA's dirty work, then walk away."

As campus clears out for the summer, UNL officials are considering launching a new 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 downloaded music.

"People are still going to do it until they get caught, andthey can't catch everyone," Johnson said.

Said Barg: "If everyone who illegally downloaded music would just give me a dollar, I could pay my fine."

Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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