Welcome | View My Profile | Sign Out
MediaPost Home About MediaPost Privacy/Terms Media Kit Sitemap
Publications Home News
Online Media Daily Media Daily News Marketing Daily Mobile Marketing Daily Search Marketing Daily
Daily Feed> Email Daily Feed> Video Daily Feed> Social
Online Blogs
Online Spin Email Insider Search Insider Behavioral Insider Online Publishing Insider Mobile Insider Video Insider Gaming Insider Performance Insider Metrics Insider Social Media Insider Just An Online Minute Daily Online Examiner Raw Blog
Media Blogs
Research Brief Diane Mermigas:On Media TV Watch TV Board Magazine Rack Media Creativity Notes From the Digital Frontier Digital Outsider Mad Blog Red White and Blog
Marketing Blogs
Engage:Hispanics Engage:Kids 6-11 Engage:Moms Engage:Boomers Engage:Gen Y Engage:Teens Marketing:Green Marketing:Sports
Magazines
OMMA Magazine Media Magazine
Subscribe
Feedback Loop RSS Feeds Archives Subscribe
Dec 2 Search Insider Summit (Utah) Dec 6 Email Insider Summit (Utah) Jan 11 OMMA Agency of the Year (NYC) Jan 12 MEDIA Agency of the Year (NYC) Jan 26 OMMA Social (San Francisco) Jan 27 OMMA Performance (SF) Feb 24 OMMA Metrics Measurement (NYC) Feb 25 OMMA Behavioral (NYC) Mar 15 OMMA Global (San Francisco) Apr 14 Search Insider Summit (FL) Apr 18 Email Insider Summit (FL)
Recently Concluded Events
Nov 3 OMMA Adnets (NYC) Oct 30 OMMA Video (LA) Oct 29 OMMA Mobile (LA) Oct 29 OMMA Mobile & Video (LA) Sep 23 Creative Media Awards (NYC) Sep 23 The Future Of Media (NYC) Sep 22 Online All Stars (NYC) Sep 21 OMMA Awards (NYC) Sep 21 MediaPost Live at Advertising Week All-Access (NYC) Sep 21 OMMA Global New York (NYC)
All MediaPost/OMMA Events Event Blogging Past Event Videos
Industry Events Calendar
2010 OMMA Agency of the Year 2010 MEDIA Agency of the Year
2009 Creative Media Awards 2009 OMMA Awards 2009 Digital Out-of-Home Awards 2009 Media Agency of the Year 2009 OMMA Agency of the Year
All Awards
Employment Situations Wanted Services Offered Post a Job
Briefs Reports Online
MediaPost Directories
Mobile Insiders Group
People Finder Edit My Profile View My Profile My Contacts My Calendar
HOME • MANAGE SUBSCRIPTIONS • MEDIA KIT
RIAA Ceases Suing Peer-To-Peer Users
by Wendy Davis, Monday, December 22, 2008, 7:00 AM

SHARE

TOOLS

RELATED ARTICLES
TAGS:  Online, Legal, Copyright

MOST READ

RIAAFive years, three months and 11 days after filing its first batch of lawsuits against file-sharers, the Recording Industry Association of America shocked industry watchers Friday with the announcement that it will no longer sue peer-to-peer users, but will instead, work with Internet service providers to sanction individuals.

Digital rights advocates had mixed reactions to the unexpected developments. Many cheered the news that the lawsuits against unlucky individuals, seemingly chosen by the record industry at random, would end. But the prospect of broadband providers and the recording industry working together to judge and disconnect alleged file-sharers alarms advocates.

Fred von Lohmann, an attorney with the Electronic Frontier Foundation, highlighted some of the advocates' most pressing concerns. "While we welcome the end of the lawsuit campaign, a 'three strikes' approach is not a long-term solution, since it's not going to stop file-sharing or get artists paid," he said. "And there is a real danger that mistaken allegations will result in people being kicked off the Internet, as well as continued pressure on ISPs to filter and keep digital dossiers on the activities of their subscribers."

The plan involves escalating sanctions that would start with a warning to alleged file-sharers and potentially culminate in disconnection. Many pundits refer to the proposal as a "three strikes" plan, but it's not clear how many warnings people would get before facing disconnection, or how long the disconnections would last.

An RIAA spokeswoman said people will be able to deny the accusations, but that the details have not been worked out. "It's clear that there needs to be a reliable mechanism in place for individuals to contest an allegation if they feel they have been incorrectly identified," she said.

In addition, RIAA President Cary Sherman told News.com there are no plans to create blacklists. For now, the plan doesn't include asking broadband providers to filter networks for pirated material, Wired reports. The new plan was brokered by New York Attorney General Andrew Cuomo.

The lawsuit strategy is widely viewed as a public relations disaster. In more than five years, the RIAA sued or threatened to sue around 35,000 file-sharers, including one deceased grandmother, teenagers, and single mothers. In that time, many people paid four-figure settlements rather than fight the cases, while others who attempted to defend themselves couldn't find or afford lawyers.

Meanwhile, the one case that went to a jury trial--a lawsuit against single mother Jammie Thomas--ultimately resulted in a mistrial.

At one point, the RIAA admitted that it spent millions prosecuting cases--far more than it recovered in settlements. Meanwhile, revenue from sales fell to around $10 billion last year from more than $14 billion in 1998--the year before Napster launched.

The cases also sparked backlash by judges. In one famous example, federal district court judge Michael Davis, presiding over the Jammie Thomas matter, complained that the penalties were inordinately high and called on Congress to lower the minimum award of $750 per infringement.

"While the Court does not discount Plaintiffs' claim that, cumulatively, illegal downloading has far-reaching effects on their businesses, the damages awarded in this case are wholly disproportionate to the damages suffered by Plaintiffs," he wrote in a written opinion in the Thomas case.

The fate of pending cases is unclear. The RIAA for now is continuing with them, but some observers think the organization now has little reason to continue to attempt to extract large settlements. Ray Beckerman, a defense attorney who maintains the blog Recording Industry vs. The People, was optimistic that pending matters will be resolved.

"I would predict that eventually they'll realize that it's more prudent for them to get rid of those cases than continue to pursue them," he said.

1 person recommends this article. 



AUTHORS

ARCHIVES

Recent Online Media Daily Articles
'Grey's Anatomy' Sires Web Series Spin-Off   
Extending one of its more popular brands online, Disney/ABC Television Group on Thursday debuted an original...
New Dynamic Logic Service Brings In-Ad Surveys   
As an advertiser, how would you like to get instant feedback on an online ad right...
Social Media Fires Up Video Game Marketing   
Facebook and Twitter campaigns have fueled the fire of video game marketing by augmenting traditional widgets...
Study: Consumers Value Traditional Attributes In Online Brands   
While Google remains consumers' favorite online brand, Yahoo and Amazon are not far behind, according to...
Microsoft Targets Television Advertisers For Xbox Live, Embeds Nielsen Measurement In-Game   
Supported by Nielsen, Microsoft unveiled the first pilot Thursday on the second season of the Xbox...
Lawmakers, Inching Toward A Privacy Bill, Question 'Data-Mining Reapers'   
Lawmakers Thursday questioned whether businesses are amassing too much data about consumers without their knowledge or...
Most Mobile Users Indifferent To Or Don't Want Ads   
Nearly four in 10 consumers don't want to receive mobile ads for any reason -- and...
LinkedIn Launches Custom Groups For Marketers   
Expanding its monetization efforts, LinkedIn is launching a new program allowing marketers to create sponsored groups...
Judge Green-Lights Class-Action Against Citysearch   
Dealing a blow to IAC, a federal judge has decided that disgruntled online marketers can proceed...
Verizon App Offers All-In-One Easy Access to Social Nets, Twitter   
Verizon Wireless has partnered with iSkoot to launch an application promising easy access to popular social...
>> Online Media Daily Archives 
ABOUT MEDIAPOST • MASTHEAD • MEDIA KIT • RSS FEEDS • PRIVACY/TERMS & CONDITIONS
©2009 MediaPost Communications. All rights reserved.
1140 Broadway, 4th Floor, New York, NY 10001
tel. 212-204-2000, fax 212-204-2038, feedback@mediapost.com