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Duke Demands Proof of Infringement From RIAA 159

NewYorkCountryLawyer writes "According to a report at p2pnet, Duke University has told the RIAA that it will no longer forward the RIAA's 'early settlement' letters to its students unless the RIAA submits 'evidence that someone actually downloaded from that student,' and said that 'if the RIAA can't prove that actual illegal behavior occurred, then we're not going to comply.' While it is good news that a university is requiring the RIAA to put up or shut up, the forwarding — or not forwarding — of letters is pretty insignificant. What I want to know is this: 'When the RIAA comes knocking with its Star Chamber, ex parte, 'John Doe' litigation to get the students' identities, is the University going to go to bat for the students and fight the litigation on the ground that it's based on zero evidence, and on the ground that the students weren't given prior notice and an opportunity to be heard?' Over 1,000 infringement notices were sent to Duke students in the last year."
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Duke Demands Proof of Infringement From RIAA

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  • Why not earlier? (Score:5, Informative)

    by Ethanol-fueled ( 1125189 ) * on Friday November 14, 2008 @11:02PM (#25768137) Homepage Journal
    The question is, why the hell didn't universites see the RIAA's challenges for what they were(bullshit) and begin to fight against the RIAA for their students much sooner? Last I checked, students pay the tuition, not the *AA's.

    Here's [engadget.com] the top-25 universities which handed out copyright infringement notices during the 2006 - 2007 academic year.Note the geographic locations of the majority of the list.

    1. Ohio University - 1,287
    2. Purdue University - 1,068
    3. University of Nebraska at Lincoln - 1,002
    4. University of Tennessee at Knoxville - 959
    5. University of South Carolina - 914
    6. University of Massachusetts at Amherst - 897
    7. Michigan State University - 753
    8. Howard University - 572
    9. North Carolina State University - 550
    10. University of Wisconsin at Madison - 513
    11. University of South Florida - 490
    12. Syracuse University - 488
    13. Northern Illinois University - 487
    14. University of Wisconsin at Eau Claire - 473
    15. Boston University - 470
    16. Northern Michigan University - 457
    17. Kent State University - 424
    18. University of Michigan at Ann Arbor - 400
    19. University of Texas at Austin - 371
    20. North Dakota State University - 360
    21. Indiana University - 353
    22. Western Kentucky University - 353
    23. Seton Hall University - 338
    24. Arizona State University - 336
    25. Marshall University - 331

    From the 2008 list [dispatch.com] we see that the RIAA seem to be bolder, but the trend as before remains the same, for the most part. Texas Christian university? Thou shalt not steal ;)
    • "...Note the geographic locations of the majority of the list..."

      Because, brah, out here on the coast, stealing music is so totally heinous.
      • by dwater ( 72834 )

        I was wondering what 'geographic location' he was referring to. All I could tell was that they were in the USA. Is it really a 'coastal' thing me meant?

        • by Khyber ( 864651 ) <techkitsune@gmail.com> on Saturday November 15, 2008 @06:59AM (#25769755) Homepage Journal

          Let's see, most of the colleges listed are East of the Mississippi river, so I'd assume that yes a reference to the eastern USA is what was intended.

          • Having lived on the East Coast for most of my life, I interpreted the list as being "Middle-America", the Red-State non-elite underclass that tends to be all about "law and order" and most definitely NOT about standing up for the law as written such as an "elitist" institution like Harvard would. In other words, the low-hanging fruit at which the *AA hoped to set precedents which they could use to go after the big guns on the coasts.
          • by Trogre ( 513942 )

            Wait I thought that Memphis was the penguin's daddy, not one of the Orcas?

    • Re: (Score:3, Insightful)

      by mombodog ( 920359 )
      "why the hell didn't universities see the RIAA's challenges for what they were(bullshit) and begin to fight against the RIAA for their students much sooner?"

      One word, FEAR

      Seems to be in fashion these days, it even works on our Congress, Senate and the President(s).

      You can sell anything with Fear.

      Oh, I forgot the Fear cousin "Intimidation"

      • ...and fear's partner-in-crime, greed.
        • by Weaselmancer ( 533834 ) on Saturday November 15, 2008 @12:10AM (#25768403)

          Damn straight. From your original post, let's do the math.

          1287+1068+1002+959+914+897+753+572+550+513+490+488+487+473+470+457+424+400+371+360+353+353+338+336+331=14646 letters sent to the top 25 universities in 06-07.

          14646*($3000) (the typical settlement amount) [arstechnica.com] = $43,938,000

          Sure beats working for a living, doesn't it? Greed personified.

          • Re: (Score:3, Insightful)

            by CSMatt ( 1175471 )

            I seriously doubt that each letter costs less than $3000 to send out, when all of the legal and P2P spying costs are factored in.

            From what I've heard, the money "earned" from the legal crusade of the RIAA mostly goes right back into the costs incurred in perusing new victims. Not a cent goes to artists, but I highly doubt that any of it does to the executives either.

            • Re: (Score:2, Insightful)

              by Dgawld ( 1251898 )
              3,000$ = typical settlement amount.. READ THE POST!!!!!!!!!!
            • Comment removed (Score:5, Insightful)

              by account_deleted ( 4530225 ) on Saturday November 15, 2008 @02:32AM (#25768971)
              Comment removed based on user account deletion
              • by mpe ( 36238 )
                And finally,since we always have at least a few "get the dirty evil pirates" every time we have this conversation,I am going to say this again: There is NO WAY that anyone can stand up here and with a straight face say that copyrights are anything but broken. If you try,I have one sentence for you: Steamboat Willie is still under copyright. The man has been dead for half a century,and yet his FIRST work,one that was made when most cars had to be started with a freaking handcrank,is still under copyright. I
              • Re: (Score:3, Insightful)

                You sir do not go far enough. The constitution of the U.S. calls for copyright "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." First, while it's debatable, I, like you, believe that "limited times" should not be even close to the lifetime of the author, or even more than 7 years (at least for non-commercial uses). Second, how the heck does Steamboat Willy promote "the Progress of Sc
                • by CSMatt ( 1175471 )

                  Second, how the heck does Steamboat Willy promote "the Progress of Science and useful Arts"? How does Britney Spears promote it? They don't, and should never have been granted copyright in the first place.

                  You seem to be arguing that copyrights should be based on taste. Well I hate to tell you this, but your tastes differ from others. Who exactly sets the bar here on whether an art is "good" or "bad"? You might not like Steamboat Willie, but there are many that find it to be a milestone in animation. Granting copyright based on taste can only result in the government (as they are the ones giving out copyrights) dictating what is "good" and "desirable" to the public, by withholding copyrights from "bad" wo

                  • It may not take a sharp mind to see how that could be abused, but it apparently does take an AC post to point out that you're not quite as sharp as you seem to think you are. ;) I won't belabor the AC's response to your post (too much), but will say that no matter how artistic and wonderful some might find Steamboat Willie, it does not now, nor did it ever deserve the benefit of federal copyright protection under the constitution. NO work of fiction does. If we feel that such works should get some amount o
            • You seriously think it costs $3000 to set up a program that monitors the school's network traffic for a few hours and grabs the IP of anyone with any public file whose name matches a list of song names? Or $30,000, if they get ten people during those hours? Then send off a few letters, and ask the school to do the dirty work of identifying who was using those IPs?
            • Not sure about the offtopic mod on the parent comment. I have heard the same thing... that the RIAA legal war is not sustainable because the settlements don't cover the cost of waging the war.

              If this is the case, they are fighting to make a point, not a profit - a tactical subtlety that is critical to understanding how to fight back.

            • Umm, the "costs" of the RIAA's campaign isn't incurred by magical fairies that eat money and shit subpoenas. The cost of these lawsuits goes to the lawyers, the investigators, the project managers, and to the executives who can point to their projects and show how much money they are bringing in "protecting" their clients. If the RIAA isn't passing on the money, that means that all the money does go to its executives and personnel.
    • Mmm many of them in Midwest... remember midwest has the lowest GNP.

    • Re: (Score:3, Insightful)

      by SergeMan1 ( 1141683 )
      Location is not the point here. Much more telling is noting the lack of significant law school.
      • Location is not the point here. Much more telling is noting the lack of significant law school.

        I'm not sure that is the whole story. Off the top of my head, Boston University, Syracuse, U of Wisconsin-Madison, and IU all have pretty well respected law schools.

      • by Rudolf ( 43885 )

        Location is not the point here. Much more telling is noting the lack of significant law school.

        You also probably don't see many medical schools on the list, either.
        Does that mean the RIAA is afraid of doctors-to-be?

    • Re: (Score:3, Interesting)

      by winwar ( 114053 )

      Because they don't give a damn about their students?

      The same way most CEO's and boards don't care about their customers (or employees). It's actually surprising that the University isn't giving in. Probably has something to do with the cost of complying.

    • The numbers you are quoting are basically arbitrarily grouped. If you're trying to show which schools are the "worst" schools with these letters, it would make a lot more sense if you quoted % of student population who received letters. Of course larger schools will be sending out a larger number of letters.

      Example, Marshall is listed as #25. It has 14,000 students and gave out 331 letters, or 2.36% of its student body. Ohio State is listed as #1. It has 60,347 students and gave out 1287 letters, or 2.13% o

    • The question is, why the hell didn't universites see the RIAA's challenges for what they were(bullshit) and begin to fight against the RIAA for their students much sooner? Last I checked, students pay the tuition, not the *AA's.

      University administrators regard students rather like wardens regard prisoners at a minimum security institution.

  • Dang (Score:5, Funny)

    by Anonymous Coward on Friday November 14, 2008 @11:17PM (#25768207)

    For a minute there I thought this meant Duke Nukem Forever had been released, and it was about Duke fighting the RIAA in a court of law. Man, that would kick ass.

    • Re:Dang (Score:4, Funny)

      by Foobar of Borg ( 690622 ) on Saturday November 15, 2008 @12:21AM (#25768439)

      For a minute there I thought this meant Duke Nukem Forever had been released, and it was about Duke fighting the RIAA in a court of law. Man, that would kick ass.

      From what I heard, someone from Duke administration stopped by the RIAA office and said "I have come here to chew bubble gum and to kick ass, and I am all out of bubble gum."

  • This might be better filed under fsckthatyoudontmakesense instead of suddenoutbreakofcommonsense

  • Too late.... (Score:5, Interesting)

    by chefmayhem ( 1357519 ) on Friday November 14, 2008 @11:23PM (#25768227)
    Now, if only Duke could retroactively do this. I know one of the people at Duke who got bullied into paying the RIAA money last year. Being an international student, he felt he couldn't risk having a lawsuit on his record, so he paid a few thousand dollars, stressed out about it, and I do believe his grades suffered as a result. Duke has a Law school. Why doesn't it (and other similar schools) just make defending students against the RIAA part of the law school curriculum? Sounds like great practice, and it would do some good!
    • by jamesh ( 87723 )

      make defending students against the RIAA part of the law school curriculum

      I've never studied law in my life, but "RIAA Defence 101" is a course i'd sign up for!!!

    • Re:Too late.... (Score:4, Interesting)

      by Anonymous Coward on Saturday November 15, 2008 @01:40AM (#25768721)

      Look, I once worked for a university, and I was asked to comment on a policy about this. What I told the university's lawyer was, we did not have any way to associate an actual person with an IP address, we didn't even have any way to associate a specific computer with an IP address because they changed from time to time, we had no business reason to implement this sort of tracking, and so if the RIAA came knocking, all we could tell them was "sorry, can't help you"... and doing so would be completely honest.

      Any university that is keeping enough tracking information to be able to say, upon receipt of a letter from the RIAA, who was using what IP address when, is wasting too much time and money tracking information it doesn't legitimately need.

  • by symbolset ( 646467 ) on Friday November 14, 2008 @11:23PM (#25768229) Journal

    I prefer disarmament [abolishcopyright.com].

  • Nerve (Score:5, Insightful)

    by Anonymous Cowpat ( 788193 ) on Friday November 14, 2008 @11:35PM (#25768271) Journal

    let's hope this sends out a ripple of nerve to the other universities and more of them have the guts to stand up. If nothing else, this would skyrocket the administrative costs of these previously cheap mass shakedowns and hopefully put a stop to them.

  • by cenonce ( 597067 ) <{anthony_t} {at} {mac.com}> on Saturday November 15, 2008 @12:08AM (#25768395)
    Sure, Duke is bold now that NewYorkCountryLawyer and other lawyers stood their ground in a proverbial Battle of Thermopylae defending a bunch of homemakers and retirees against the RIAA army! While it certainly helps now, we needed the universities' collective might in 2005, not 2008, and perhaps a lot of people wouldn't have been put needlessly through the wringer!
    • Sure, Duke is bold now that NewYorkCountryLawyer and other lawyers stood their ground in a proverbial Battle of Thermopylae defending a bunch of homemakers and retirees against the RIAA army!

      Why thank you, cenconce. I've always found inspiration from the brave men who resisted the Persian empire at Thermopylae.

      • by cenonce ( 597067 )

        Ray,

        I was dying to have one of these cases cross my desk, though frankly, I was a solo and it probably would have killed me to take it. I can't stand injustice like what the RIAA is doing... guess that's why I became a Public Defender. :)

        Regardless, like many Slashdot readers, I've followed your work over the years, and you have certainly brought a number of smiles to my face from the documents you have posted on your website.

        Regards,

        Anthony

    • Duke is bold now that NewYorkCountryLawyer and other lawyers stood their ground in a proverbial Battle of Thermopylae

      "The thousand lawyers of the RIAA descend upon you. Our court filings will blot out the sun!"

      "Then we will litigate in the shade."

  • by Joe The Dragon ( 967727 ) on Saturday November 15, 2008 @12:20AM (#25768433)

    How long before the dorms are nat'ed so the ip goes to a lot more then just 1 person?

    • Re: (Score:3, Informative)

      If they're anything like my dorms, every machine has an Internet-facing IP.

      • Re: (Score:3, Insightful)

        by Khyber ( 864651 )

        And if anyone's smart enough, they've dropped their own router on that line to help obscure everything.

        "Yea, my router has that IP Address, but there's over four hardwired computers and six laptops connected to it. You got a MAC address identifying which computer was doing what? No, my router doesn't keep logs. No, I will not turn logs on, you cannot tell me what to do with my legally-purchased hardware."

    • Well, you already have room mates who share PCs. So we're pretty much already there in terms of not knowing who the actual infringer was.

      And yet the RIAA still likes to claim that they have detected a "person" doing unauthorized things with copyrighted files...

  • by Eil ( 82413 ) on Saturday November 15, 2008 @12:23AM (#25768445) Homepage Journal

    When I hear about these RIAA letters-of-doom-death I always wondered, are the Universities even legally required to forward them to students? Why don't the Universities say, "no way, you deliver your own threat letters to people."

    • Re: (Score:2, Funny)

      by shentino ( 1139071 )

      It could be "cooperate with us or we'll sue the crap out of you. Nice school, would be a shame if it went bankrupt in court wouldn't it"?

    • by jamesh ( 87723 )

      I think that if they were legally required to, they would do so. The RIAA is acting on the basis that "we haven't got a court order or anything, but how about you do as we say anyway and nobody has to get hurt?". The University, while initially bending over, has now taken the stance "show us some actual evidence first, eg something that wouldn't get laughed out of court if you went to try and get a court order".

      As someone else pointed out, if only they'd stood up to the RIAA a few years earlier...

    • Re: (Score:3, Insightful)

      by jambarama ( 784670 )
      Universities are not legally required to forward these to students. I believe Maine took a stand that they wouldn't forward the letters, as well as a few others. Universities do more so out of concern for their students - which sounds backwards, but let me explain.

      If the letters aren't forwarded, or the student refuses to settle, the next step is for the RIAA to file a John Doe suit to get a court order (or subpoena, I forget which) and compel universities to hand over information on the student. On
  • If I was target of so many accusations I'd simply would somehow block my students from being able to host files somehow, even if its by simply blocking upload torrent traffic (or whatever other tool is accused of being used) from reaching the outside world at least for uploading.
  • by rozthepimp ( 638319 ) on Saturday November 15, 2008 @12:35AM (#25768499)
    The university should have also stated that the evidence must come from investigators licensed in the state of North Carolina.
  • What is proof? (Score:2, Insightful)

    by Casandro ( 751346 )

    I mean seriously, how can you proof that someone at IP-Address X offered a file.

    The typical way is that they show a screenshot of some programm as well as someone claiming under oath that it's real. Well let's see where someone evil could modify that information to blame someone else:

    1. the application: It can display any IP-Address it wants, even random numbers

    2. the video card driver: It gets commands to write strings. It's trivial to exchange strings here and most video card manufacturers refuse to provi

    • What they were actually asked for is to prove that random two people, one of them being a Duke student, communicated over the net and that the content of that communication was file of which the RIAA claims "intellectual ownership". File sharing is, after all, as it's called, peer-2-peer, and is thus private, even if the initial offering negotiation took place in public.

      I can't imagine how actually that should work without RIAA having a possibility to monitor _all_ actual communication, not only the offerin

  • ... is this: The RIAA have been proven to break the law as a matter of principle, isn't that correct? If I do that, I end up in jail pretty soon; so why are they not only allowed to go free, but also to continue exactly as if nothing has changed? There ought to be a way for a judge to simply close down a business that repeatedly ignores the law like that. Or slap them with a fine big enough to take them all the way to bankruptcy. And then throw the managers in jail.

  • All these universities are wealthy.  Why don't they band together to form a serious defense fund?  They probably aren't fighting them serious now because of the potential cost of being a public show trial.  But if all the major unis pooled together, they could each contribute very little (by their standards) but form a walloping defense fund.
  • It looks like sometime since Duke settled with the wrongly accused rugby players, it has changed its legal MO to defending and supporting its students.

    I have no doubt that turning on future alumni and trashing them without proof is bad for Duke's business.
    • Re: (Score:3, Informative)

      by icydog ( 923695 )

      It looks like sometime since Duke settled with the wrongly accused rugby players

      I know Slashdot users tend to stay in basements, avoid sunlight, yadda yadda etc, but rugby and lacrosse are two very different things...

      • Sorry. In my defense, I was awake late at night with insomnia. It's best to make your point with correct facts and good grammar, even if they are tangential to the argument.
  • I'm surprised Duke is actually doing the right thing here. Based on their track record, I expected the students to be expelled, their sports team disbanded, the coach fired and have full page ads run in local papers signed by their professors denouncing them. I mean, that's what happened the last time Duke students were accused of something based on flimsy evidence.

    I guess Duke learned the expensive way that their students don't check all their rights at the door when the are admitted to Duke.

  • prior notice and an opportunity to be heard

    Sounds like what you'd get if they were using a search warrant IMHO. You don't get an opportunity to defend yourself until they bring suit/charges against you. They are "just looking" so the right to counsel etc isn't really defended as much as once they actually accuse you of something.

  • This reminds me how poorly the Duke administration and faculty performed with respect to its students' civil rights in the lacrosse team affair. If I had a child enrolled there, with a $50,750 bill (2008-9), I would expect more careful, more effective support from the administration to fulfill the loco in parentis role.
    • by smoker2 ( 750216 )

      If I had a child enrolled there, with a $50,750 bill (2008-9), I would expect more careful, more effective support from the administration to fulfill the loco in parentis role.

      What is the legal age of majority in the US ? In the UK it is 18, and nobody (other than prodigies) attends university before the age of 18. So the university is not responsible for any parental role.

      • Somethings are still 21, e.g. serving and consuming alcohol, sex in some circumstances, some kinds of guns, and misc other laws and licensing. 16 and 17 year olds are not as rare as you may think in the elite universities and colleges. I knew a fair number and it seems even more common today. Elite private schools can more easily consider accelerated admissions than many state schools that legally require graduation for matriculation whereas a private school can say 4.0, SAT 700s and calculus at 14-16, AP
  • more proof (Score:3, Insightful)

    by crossmr ( 957846 ) on Saturday November 15, 2008 @08:50AM (#25770055) Journal

    They should also demand that they don't just download .5% from the student either. They should demonstrate that they actually got a working copy of the song from that individual student.

    • Copyright infringement is distributing material without the copyright holders permission. So it wouldn't make any difference whether it's .5% or 100%. Since they're operating on behalf of the copyright holder and they just requested the file, uploading copyright material to them doesn't constitute an infringement.
  • by Dachannien ( 617929 ) on Saturday November 15, 2008 @09:00AM (#25770093)

    is the University going to go to bat for the students and fight the litigation on the ground that it's based on zero evidence, and on the ground that the students weren't given prior notice and an opportunity to be heard?

    The thing is, the RIAA doesn't really want to sue people. They want people to roll over and pay the $3000. That's almost entirely free money - they pay some small amount per IP to their dogs at MediaSentry, they pay some paralegal to fill in blanks on a form letter, and they pay some postage in order to send them out. Then they just wait until the money starts rolling in. A 10:1 profit margin wouldn't seem unreasonable, even if you factor in the supposed "losses" due to online sharing.

    But every time someone fights back, whether it's against the RIAA's ex parte tactics or in a full-blown lawsuit, it costs them big. There are real lawyers getting paid real money to litigate real suits. Any returns are years off, and it's a roll of the dice as to whether they'll see anything for their efforts besides a bill from the defendant's lawyers.

    The only reason that the RIAA files these lawsuits is because a few people have called their bluff. Imagine if the mob decided that breaking people's kneecaps was too risky/costly. Once people found out, nobody would pay them the protection money. Very similar situation with the RIAA: if the RIAA started ignoring people who ignored their settlement letters, and other people found out about it, then nobody would pony up the $3000. (Which, of course, is why these articles usually get tagged "mafiaa".)

    By not forwarding the settlement letters, Duke complicates the cash cow portion of this formula. Ostensibly, the RIAA could find some way around this, but it'll undoubtedly be more complicated and cut into their settlement revenues. At some point, there's a line at which any hoped-for decrease in sharing is more than offset by the increase in pre- and litigation costs, and once the RIAA actually realizes that, their litigation campaign will stop. While many of us believe that the RIAA has been past that line the whole time, it'll take a lot more people fighting back to convince the RIAA of that.

    Oh, and a ruling on unconstitutionally high damages favorable to the public interest wouldn't hurt, either.

  • ..just turn off the music...

    The price we must pay to put the RIAA out of business.

    • Turn off the Big 4 music AND movies.

      There is no harm in supporting independents, especially if you have opportunity to support artists directly.

  • It would be nice if this stated just what level of "evidence" is required.
  • Civil Disobedience (Score:3, Insightful)

    by Nom du Keyboard ( 633989 ) on Saturday November 15, 2008 @01:21PM (#25771153)
    Filesharing is nothing more or less than Civil Disobedience against a law that has gone beyond unConstitutional (copyright is specifically defined in the United States Constitution) despite the Supreme Court recently allowing Sonny Bono Copyright Term Extension Act to stand. Current copyright law has completely stolen the Public Domain, which can only be reclaimed by amending the laws back to reasonable again through Congress (fat chance!), a constitutional amendment defining exactly what a "limited" term actually means, or the outright destruction of Big Music since now any even reasonably competent band can record, produce, and distribute their music outside of the traditional channels for a tiny investment in hardware and software.

    Now isn't Civil Disobedience also Protected Speech?
    • "...the outright destruction of Big Music since now any even reasonably competent band can record, produce, and distribute their music outside of the traditional channels for a tiny investment in hardware and software."

      Yep, and it scares the industry to death (hence the Draconian methods). For a couple of thousand dollars one can setup up their comp with a Pro-quality (e.g. multi-input/track @ 16,24,32bit/44.1 to 96kHz rates) interface, along with a bit of knowledge about recoreding, mixing/mastering and p

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