The Detroit News September 9, 2003 Tuesday Two dot Edition FRONT; Pg. 1A 261 lawsuits target Internet file-sharing Music industry sues song pirates Tony Manolatos The organization did not file law- but it'll sober people up," said and Charles E. Ramirez suits in U.S. District Court in De- Gerald Ferrera, a law professor at troit or Ann Arbor. But additional Bentley College in Waltham, ROCHESTER HILLS -- After un- lawsuits, which industry analysts Mass., who teaches a course on successful trips to Best Buy and expect, could target people in cyberlaw. "Kids will always Harmony House, Mitch McCon- Michigan. (download music), and file- nell, an irreverent college sharing will always go on be- sophomore and aspiring busi- Apart from irking some music cause it's a sensible device to nessman, found the Dimmu Bor- fans and scaring others, the law- have." gir CD he was looking for at Media suits raise questions about pri- Play. vacy issues. The suits are a re- Earlier,the recording industry sult of subpoenas the recording association sued four college But he didn't buy it. industry sent to Internet service students -- including Joseph providers seeking to identify Nievelt of Michigan Techno- "It was $16.99, so I went home about 1,600 people the group logical University -- it ac- and downloaded it for free," believes engaged in illegal music- cused of making thousands of McConnell, 19, said Monday on sharing. songs available for illegal down- the campus of Oakland Univer- loading on campus networks. The sity as he grooved to the Swed- "People have a constitutionally group settled those cases for ish metal band on his personal protected right to the presump- $12,500 to $17,000 each. CD player. "For college kids, tion that the information on their that's a lot of money saved." home computers is lawful, that U.S. copyright laws allow for their participation in peer-to-peer damages of $750 to $150,000 for Money saved for McConnell and file-sharing is lawful and that they each song offered illegally on a millions like him is money lost for have a due process right if person's computer. the recording industry, which someone believes their activities says file-sharing is a violation of are unlawful," said Daniel Ballard, University policies copyright laws. It blames the a Sacramento, Calif.-based at- practice for a 31 percent drop in torney who is challenging one of The latest wave of lawsuits was compact disc music sales in the the subpoenas in court. timed to coincide with the return last three years. of college students to campus, to But Comcast, one of Metro De- ensure the suits would be dis- On Monday, the industry filed troit's largest high-speed Internet cussed widely. hundreds of lawsuits in a bold service providers, doesn't plan to attempt to prevent what has be- challenge the federal subpoenas. Michigan universities were not come a routine practice for many: among those subpoenaed, but sharing downloaded music over "At Comcast, our customers' most universities in the state the Internet. privacy comes first," the com- have implemented policies pany said in a statement Mon- against file-sharing, officials The suits, filed in federal courts day. "However, we will comply said. Some, including Central across the nation, accuse people with a subpoena in situations in Michigan and Western Michigan of illegally downloading and which we are legally bound and universities, started monitoring sharing songs online. The 261 when the request meets specific bandwidth usage, or how much lawsuits were filed by the Re- legal criteria." Internet traffic a student gener- cording Industry Association of ates. Most students across the America on behalf of its mem- Still, the overall impact of the state are now briefed during ori- bers, which include Universal lawsuits is expected to be mini- entation about policies and pen- Music Group, BMG, EMI, Sony mal. alties for sharing copyrighted Music and Warner Music. materials. "I don't think it will stop users from illegally downloading music, CompetitivEdge 1-888-881-EDGE www.clipresearch.com Electronic Clipping At Ferris State University, offi- "People don't care," said Abbiss, cials installed software on cam- standing over a wall of CDs. "I like to have the product in my pus that blocks peer music- "They'll just get fined. Big deal. hand," said Lindvig, 30, an sharing, and CMU will shut down People walk in here and see a CD economist from Holly. "It's students' Internet connections if for $15.99, and they don't want to authentic." they are caught file-sharing. buy it because they can get it on the Internet for free. People walk Do's and don'ts for downloading "When we detect high bandwidth in here every day asking for jobs, usage, they get a warning," WMU and ... we are not hiring because What can you download? spokeswoman Cheryl Roland we are barely making it. If it said. "They get a more severe weren't for used CDs, I'd be out "If you hear a song on the radio, message if they find that it's of business." you shouldn't download it," happening again." Nashville music attorney Fred A contemptuous Dave Marsh, a Wilhelms said. "The legal situa- Fearing litigation, a handful of Pontiac-born rock scribe and tion very plainly is that unless students at Oakland University editor of the industry newsletter you have permission from the said they stopped downloading Rock and Rap Confidential, blis- copyright holder, you shouldn't months ago. tered the Recording Industry be downloading it or making it Association of America for Mon- available to others for uploading. Little deterrent day's action. If you go on a site like Kazaa and download a song by an artist you But the lawsuits won't stop eve- "Not a cent of what they recover recognize, you're infringing on ryone from burning music, which from these people will go to the the copyright." is as common among music lov- artist," Marsh said. "It will all go ers as disco music was in the either to the RIAA, the lawyers or What if a song is made available 1970s. the five big companies. Nothing on an artist's own Web site? will stop file-sharing except the "It's like holding a sucker in front abolition of computer networks, "That's completely legal," Wil- of a baby and telling him not to the abolition of the Internet." helms said. "In that case, it's the lick it," said freshman Jennell copyright holder. Janis Ian gives Grier, 17. "It won't stop me. Eve- Question of ethics away a lot of music on her Web rybody does it." site. She is probably the most Metro Detroiters are divided articulate and avid proponent of The popularity of downloading about the ethics of downloading free distribution of music on the music from the Internet is, in music via computer. Internet." part, what led Harmony House to close all but two of its 36 stores Cassie Noel, 17, of Hazel Park, If a person signs the RIAA's am- last year, company Vice Presi- doesn't download music from the nesty document, will that provide dent Lloyd Welch said. He doubts Internet. protection from all legal action in Monday's lawsuits will make a the future? difference. "I don't think it's right," said Noel, as she shopped for music at FYE Maybe. The Recording Industry "The Internet is not going to go store at Macomb Mall in Association of America doesn't in away," Welch said. "Some people Roseville. "You should buy the fact control every song copy- may think twice, but generally CD. I think these lawsuits will right, Wilhelms said. And be- there has to be a substantial make people download less." cause sound recordings weren't amount of people being prose- formally copyrighted before cuted and paying out before it Lana Gringer, 41, of Algonac, 1976, there may be no clear does anything at all." doesn't see a problem with owner of some copyrights. downloading -- as long as users Sue Abbiss, owner of Hot Hits in don't profit from it. "If you take the amnesty and are Roseville, agreed. Business has ever charged with copyright in- dropped off about 50 percent in "If it's for themselves and they fringement on any other grounds, recent years, and Abbiss has cut are not selling it, why not?" said for any other document, the RIAA staff from seven to two, she said. Gringer, a Web site business says they will cooperate and as- Shrinking business has forced owner. sist you," Wilhelms said. "But I Abbiss to get creative, adding don't know how they're supposed more used CDs, out-of-print re- Klaus Lindvig, shopping at Tower to keep track of you." cords, T-shirts and artists' mer- Records in Birmingham on Mon- chandise. day, was looking for music he -- Susan Whitall already has on his home com- puter. CompetitivEdge 1-888-881-EDGE www.clipresearch.com Electronic Clipping The Associated Press State & Local Wire September 5, 2003, Friday, BC cycle Upper Peninsula Briefs MARQUETTE, Mich. Confusion has arisen over a vote by the Marquette County Board on whether to lease space in an Ishpeming building owned partly by one of its members. The board had appeared to approved the lease Tuesday on a 6-2 vote. But after reviewing an audiotape of the meeting and checking with commissioners, the county clerk said the actual vote was 5-3, The Mining Journal reported Friday.