RIAA drops mass downloading suits; Record labels pick up cases (w/court documents and video)
The Recording Industry Association of America decided to end new lawsuits against people caught sharing music on the Internet, a decision that comes millions of dollars too late for two University students.
“We discontinued initiating new lawsuits in August,” Mitch Bainwol, chairman and CEO of the RIAA, wrote in a Dec. 23 letter explaining the resolution to work with Internet service providers to create programs against copyright offenders. “In just the last couple of months, we have seen more notices forwarded from ISPs to subscribers than we filed lawsuits over the previous five years.”
But the decision offers little consolation for a pair of University students.
Imaad Rashied, a junior from Duluth, faces a lawsuit against five record companies, including Warner Bros. Records and Sony BMG Music, over copyrighted music he downloaded and shared on the Internet, according to U.S. District Court documents filed in September.
“Last August I got a letter from the RIAA and the University telling me that they were suing me for 1,728 songs and they wanted $720 per song – more than $1.2 million,” Rashied said in a phone interview Tuesday.
Rashied said the University gave him the option of signing an admission of guilt statement and receiving a reprimand, or appearing before the student judiciary. Rashied opted for the reprimand, and said the University told him that his information would be protected from the RIAA.
“I’m very proud of the University because the RIAA asked for names because EITS has all that info,” Rashied said. “The University refused to give it up until the RIAA subpoenaed for the info.”
After contacted by the RIAA, Rashied called the association, which attempted to contact him through the University in May, offering him a $3,000 out of court settlement. But the University took a month to notify Rashied, prompting the RIAA to ask for a $4,000 settlement.
“That was the University’s fault. They didn’t let me know in time,” Rashied said, and that he told the RIAA, “I can’t afford to give you $4,000, sue me for the $1.2 million.”
Rashied is not alone in his lawsuit against the major record labels. Jessica Umbaugh a junior from Cumming, is facing off against eight record labels for songs she downloaded and shared using a peer-to-peer service called Limewire, according to U.S. District Court documents filed in December.
“I didn’t know my computer was sharing,” Umbaugh said in a phone interview Tuesday.
Umbaugh said she received a forwarded e-mail from the University that was sent to her from the RIAA.
“I got an e-mail saying, ‘Delete [the music] or we’re going to sue you,’” she said. “I never downloaded again, and I deleted it.”
Umbaugh was surprised when one year later she received letters from record labels informing her of a lawsuit, and said the University did not do enough to protect her.
“They got my information through the University because I was on the PAWS Network,” she said.
Rebecca Jeschke, media relations coordinator for the Electronic Frontier Foundation, a digital civil liberties group, said universities do not have a legal obligation to help companies track down piraters. Several universities have taken steps to discourage companies from going after their students.
“The University of Nebraska has demanded that the RIAA reimburse them for the cost of processing complaints,” Jeschke said. “Other universities don’t keep data long enough to help the RIAA.”
Jeschke said the most important thing a university can do is to help students be aware of what is going on.
“They should give their students as much information as possible,” she added.
Kimberly Ellis, associate dean of students in the Office of Judicial Programs, said when her office is made aware of offending computers, they find out the students’ information from EITS and contact the students.
“We have felt it easiest to address notices through the judicial process,” Ellis said. “We figure out who the user is, then issue a reprimand or a warning.”
Brian Rivers, the information technology director for EITS, wrote in an e-mail interview, “UGA feels it is important to pass along information to a student when there is a potential impact to that student. The University does not release student information to the RIAA or other companies unless in response to subpoena.”
When asked how the record companies obtained the information of students such as Umbaugh and Rashied, Rivers declined to comment.


