RIAA lawsuit names 36 students
"We have gathered evidence that you have been infringing copyrights owned by Recording Companies," the letters stated. " … The reason we are sending this letter to you in advance of filing suit is to give you the opportunity to settle these claims as early as possible."
The letters are part of the RIAA's College Deterrence Campaign to strengthen anti-piracy initiatives on college campuses.
The campaign began in February 2007 when the RIAA sent 400 pre-litigation settlement letters to 13 universities. Tech received its first wave of 16 letters in March 2007.
The RIAA first identifies through which university the songs are being illegally downloaded by resolving the the IP addresses the students are using.
From there, the RIAA sends the pre-litigation letters to the university, which can then choose to either release the names of the students using those IP addresses to the RIAA, or simply forward the letters to the students.
The RIAA requests that universities provide the names of the students using the IP addresses they found, therefore allowing a lawsuit to be filed in federal court.
"We do not do what the RIAA asks most universities, to give names," said Larry Hincker, spokesman for university relations. "We do want the students to know they have been apprized by the RIAA," Hincker added.
If the universities do not provide the names, and the students choose not to respond to the pre-litigation letter, a "John Doe" lawsuit will be filed in federal court, where the judge can then choose to subpoena those using the IP address, which includes both roommates if the IP address is from a dorm.
While the minimum fine for each copyrighted recording is $750 under the law, students who contact the RIAA before they file the lawsuit can pay a settlement fine of approximately $3000, according to an e-mail from attorney Bruce Phillips of Student Legal Services at Virginia Tech.
Upon receiving the initial warning letter, students have 20 calendar days to respond before a lawsuit is filed.
A mass e-mail was sent on Jan. 22 warning students of the dangers involved with illegal file sharing.
