We are all guilty of numerous little impasses against the law. Maybe it’s driving to class five minutes late ten mph over the speed limit. Many of us take advantage of websites such as Lime Wire and Bear Share that enable the free downloading of music. Sounds harmless enough but it’s actually a crime; to record companies and artists, it’s the equivalent of walking into a store and pocketing a CD. At other universities across the U.S. students have faced steep fines, law suits, or even prison sentences resulting from the illegal downloading of their favorite tunes. But what are the sanctions facing students caught stealing songs right here at USM?
First, it’s a loss of internet privileges for two weeks. Then it’s a short video and a one page write-up. And don’t forget the $35 administrative fee. But if you’re thinking that sounds like overkill, don’t look at USM. Those sanctions are actually imposed by the Digital Millennium Copyright Act of 1998. According to Stephen Nelson, the director of the Office of Community Standards, this act makes USM liable in the event that a student is caught stealing music.
“If we’re notified that one of our subscribers has been illegally downloading music and don’t take action, we can be sued,” said Nelson. It is, after all, a federal felony.
“But what are the odds of actually getting caught?” Amanda Wallis, a USM senior, wonders. “Everyone I know downloads music, and I only know a couple of people who have gotten fined.”
The odds, as it turns out, are actually a lot higher than you might think. The Recording Industry Association of America is responsible for monitoring the use of websites like Lime Wire. Because the university system has an open network, or one that anyone can sign on to, it is much easier for the RIAA to track students here than it would be if they were accessing the internet via Time Warner or another private provider. This year alone the Office of Community Standards has dealt with more than 83 offenders. And if you think you can hide your downloading habit by not utilizing the “share” feature offered by many of these websites, think again.
“The RIAA is also starting to go after people who are only downloading illegal music and not also file sharing,” according to a flier provided by the Office of Community Standards, and “they only have to ID one song to make [these sanctions] valid.”
Jessie Hobgood, a fifth year student living on the Gorham campus recently lost her internet for two weeks as a result of illegal downloading.
“I got a letter in the mail and it listed two songs that were on my computer that had been flagged,” said Hobgood. “I don’t share music or anything. It was a nightmare not having the internet for that long.”
But has she taken the ultimate step of removing Lime Wire from her computer? “I don’t have Lime Wire anymore. You have to delete it in order to get your net back. I haven’t decided if this is a permanent change or not, though.”
There are alternatives. Some students have moved to sites like Apple’s iTunes that allow the downloading of popular music, for a price generally set at $.99 per song. But why would you want to pay money for a song you can download for free in a matter of seconds?
Stephen Nelson points out, “If you wouldn’t take it from Bull Moose records without paying, why would you take it from the internet?” If you do get busted, you could end up paying a lot more than the $35 fee imposed by USM. The RIAA is continually in search of new ways to deter music piracy. Several students across the nation have been sued by the RIAA, some for damages amounting to $150,000 dollars per song. Take a look at your Lime Wire. That’s a lot of money. Now take another look. Are any of those songs worth $150,000?
In addition, a new initiative was launched last month specifically targeting university students. This program may allow the RIAA to pursue more offenders, as it will enable them to settle law suits more quickly. Students will be notified, via letter, that they are going to be sued by the RIAA, and given twenty days to settle for a reduced amount before the matter is brought to court. In an online discussion regarding this new program, Steven Marks, the General Counsel and executive vice president of the RIAA, made it clear that his organization does not profit from these law suits; they are intended only to promote the message that “anyone can be caught.” The company will be sending around 400 pre-litigation letters each month nationwide. The first track went out on Feb. 28.
Taking all of these things into account, it might be years before you get caught or you might never get caught at all.
“I’m not going to stop downloading music,” said one student, who wished to remain anonymous for obvious reasons.
It looks like the RIAA is going to need more than a few scattered law suits and a vague threat of jail time to stop strapped-for-cash students from helping themselves.