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Since 2003, the Recording Industry Association of America has been filing lawsuits against individuals who use P2P programs to share copyrighted material over the Internet. These individuals are being sued for copyright infringement, because the RIAA believes they are stealing and distributing material for which they do not own a copyright. Most of these lawsuits are settled for a few thousand dollars, and they are seldom taken to court. Today, an abundance of media is available for free on the internet, and copyright owners are losing the ability to control the flow of their work. A distinction between sharing and theft must be made in order to shape the future of the digital world. By filing these exorbitantly expensive lawsuits, however, the RIAA is using the court's power to intimidate and exploit its potential customers. In addition, the lawsuits have not achieved the goal of reducing the use of P2P programs. The RIAA's file sharing lawsuits are unfair and ineffective, and there are much better solutions to the illegal file sharing problem. (New Paragraph). The RIAA is abusing the legal system with these unfair lawsuits. Because of a clause in copyright law, the RIAA can claim statutory damages from $750-$30,000 for each copyrighted song file an individual has in his or her "shared music" folder. The value of a single song on iTunes is only 99 cents. Because the financial risk is so high, almost no one is able to challenge the RIAA's infringement accusations, and make them prove their cases to the court. People should have the right to due process of law and a trial by jury, so it can be determined whether or not the courts believe making copyrighted files available online is actually infringement. (New Paragraph). Since these lawsuits have started in 2003, the number of people using file sharing networks has more than doubled. The RIAA is not achieving its goal of stopping the use of P2P programs with these lawsuits against random people, and the lawsuits should cease. It is time the RIAA began to move in a different direction. (New Paragraph). There are other ways the RIAA could reduce the incentive to share files online, especially among college students. If the recording companies joined together and licensed their music on a large scale to certain programs, and universities provided these programs for students, the need to download files illegally would be reduced. Some universities are trying to implement this strategy, but in order for it to be successful, the music programs must run on a mac as well as a PC, and the licensed songs must be downloadable to an iPod. Also, programs like iTunes could lower song prices incrementally as a user purchases more and more songs. (New Paragraph). The RIAA's side of the argument must be considered and respected, because many people are choosing to download songs illegally instead of paying for the material. Hard-working artists are being denied fair compensation, and their rights should not be neglected. Action must be taken to solve this problem, but it must be fair and it must have the potential to be successful. The RIAA's lawsuits will not fix anything. People must stand up to these powerful record companies, and work together to pave the way for a digital future composed of both freedom and fair compensation.

NOTE: This article is difficult to find on Lexis-Nexis. Do a powersearch and specify "Minnesota Journal of Law, Science & Technology" as your source.

This is a journal article by a man named Daniel Reynolds who attends the University of Minnesota Law School. The article appeared in the Minnesota Journal of Law, Science, and Technology. The article gives background information about RIAA lawsuits, and proposes solutions to the file-sharing problem. The author says that the RIAA believes the lawsuits are necessary to make people respect copyrights and deter them from sharing files. The problem with this reasoning, however, is the actual result of the lawsuits. Since 2003, the number of people using file-sharing networks has more than doubled, and there have been 26,000 suits since then. The author continues by discussing the amount the file-sharers are asked to pay for a settlement. The RIAA can claim “statutory damages,” and demand $750 per song. Nearly all of the file-sharers settle, however, because legal fees are so high. A single mother named Jammie Thomas was sued for sharing files, and because the RIAA believed she did it willfully, they asked for $9,000 per song, totaling $222,000. The author believes that the RIAA is alienating the demographic they sell to with these expensive lawsuits.
The author proposes a few solutions to the file-sharing problem. First of all, he says that the government could change copyright law to make copyrights last for shorter periods of time, making less songs illegal to share. Secondly, he suggests that part of the P2P programs’ fees could be paid to the RIAA, along with part of the money paid for computers or blank CDs. These levies would be enforced if the RIAA guaranteed they would stop filing lawsuits. Lastly, the author suggests large-scale music licensing.
This article was helpful in many ways to my research. It shows that the file-sharing suits are ineffective, the settlements are unfair, and that a solution is needed. The lawsuits are simply not working to prevent file-sharing, and there are statistics to prove this. If the number of file-sharers hasn’t gone down, it seems clear that the RIAA isn’t trying to solve a problem, it is just trying to take money from students and other individuals. Secondly, charging $750 per song is absolutely ridiculous. These songs can be downloaded on iTunes for 99 cents, and it seems like these exorbitantly expensive settlement amounts are completely arbitrary. The RIAA is only angering the people it wants to sell music to, and needs a new approach.
I don’t think the government should place levies on things like computers and CDs to be paid to the RIAA, because not all people use these things for illegal purposes, and I don’t think copyright law needs to be changed. I think the best solution is large-scale licensing, like the author suggests. Here at Penn, the university has tried to prevent file sharing by giving students free access to Ruckus, a program that gives students access to many copyrighted songs. The problem with this solution is that Ruckus is not compatible with Macs, and the songs cannot be downloaded to mp3 players like iPods (without paying an additional $20 a semester). If universities offered programs like Ruckus that were compatible with all computer types, and paid the extra fees so students could play music on their iPods, there would be no incentive to download music illegally. I think this would be the best solution even though it would be expensive for the university. After all, we are paying the university tens of thousands of dollars per semester...