The recording industry, in its latest effort to thwart music piracy, sued 261 Internet users in federal courts across the country on Monday for downloading music, warning that thousands could be targeted for copyright violations.
The civil complaints, filed by the Recording Industry Association of America (RIAA), target "major offenders" including 24 in the Los Angeles area the association accuses each of illegally distributing more than 1,000 copyrighted music files through such file distribution networks as Kazaa, Imesh, Gnutella, Blubster and Grokster.
PHOTO: NY TIMES
Representatives for the RIAA said the group was prepared to offer what amounts to amnesty to those who voluntarily identify themselves and pledge to stop illegally sharing music online.
The crackdown hit home with people from all walks of life, ranging from savvy Internet users to seemingly unwitting victims.
Chatsworth residents Jesus and Begaluz Piol said they don't even know how to download music off their computer, but said their nieces and nephews use their computer.
"Oh, my goodness," Begaluz Piol said. "Oh, my God. We don't even know how to download music. We don't even know if they did it.
"When we have parties, they go on the computer, and we don't know what they are doing. They are under 18. I don't think it's right. This is terrible."
The lawsuits are the first in several expected waves of litigation as the recording industry attempts to stem a 31 percent slide in music sales over the past three years, a spiral it attributes to piracy.
RIAA President Cary Sherman said the livelihoods of artists, musicians, songwriters and retailers are at stake.
"Nobody likes playing the heavy and having to resort to litigation," Sherman said. "But when your product is being regularly stolen, there comes a time when you have to take appropriate action."
The aggressive legal action has defendants like Santa Clarita resident Heather McGough flabbergasted and plenty worried.
"I have a huge family," she said. "My cousins are always at my house. I don't know who was on my computer. I'm 23 years old. I have no clue what to do. I work at a car repair shop. I have two little girls. I wouldn't jeopardize my family for the sake of free music. It's not worth it."
McGough learned about the lawsuit from a subpoena she received from her cable company, which provides her Internet service. She said the time and date of the downloads were times when she was at work.
"I'm just amazed," she said. "From what I understand from the subpoena, they are not coming after me for downloading. It's for distribution. Apparently, people are sharing files off me. They were downloading off my files and that's what I'm getting in trouble for."
While some named in the lawsuit claim to be unsuspecting victims, Sylmar resident Ron Lisberg makes no apologies for downloading more than 3,000 songs over the years.
"Everybody I know does it," said Lisberg, 32. "I'm just one of millions."
Lisberg, a married father of two, said he found he was one of those named in the lawsuit via e-mail and is not concerned about possible financial repercussions.
"You can't get blood out of a turnip," he said. "I don't think about it."
Subpoenas had been served on at least 10 universities in recent weeks in a widespread effort to identify violators, which has put the issue on the front burner for many students.
"They're wasting money on the lawsuits -- they're not scaring anyone," said Dustin Rhoads, a freshman film major at California State University, Northridge, who uses Kazaa to download movies, music videos and CD tracks.
"If they got Kazaa's database, I'd be scared, but right now, it's like a roomful of rats. You can pick off one or two, but you can't get them all."
The San Francisco-based Electronic
Frontier Foundation blasted the industry Monday and is assisting Internet users by offering them a way to check and see if their usernames are specified in hundreds of subpoenas the RIAA issued in June.
"I don't think a steady diet of news about lawsuits is going to motivate people to buy more CDs," said the EFF's Fred von Lohmann, an intellectual property attorney.
"Six months from now, there will be just as much file sharing as today, CD sales will have continued to slide and hopefully then executives of these labels will have been sacked by their shareholders. Then maybe we can start talking about constructive alternatives that allows file sharers to pay a reasonable amount."
The RIAA said file sharers not currently being investigated could avoid being sued if they sign a notarized affidavit in which they pledge to honor the copyrights of recording companies.
"For those who may want to wipe the slate clean and to avoid a potential lawsuit, this is the way to go," said RIAA Chairman and CEO Cary Bainwol. "We want to send a strong message, that the distribution of copyrighted works has consequences, but if individuals are willing to step forward on their own, we want to go the extra step and extend them this option."
But Von Lohmann warns users against the amnesty offer, which he has derisively nicknamed "shamnesty."
"It doesn't prevent bands, companies or music publishers if they choose to come after you; they can rely on your signed confession," von Lohmann said.
The lawsuits filed in federal court Monday named 24 people in Los Angeles County, including Northridge resident Peter Bartlett, Camarillo resident Elizabeth Ojeda, Castaic resident Randall Grant, Canyon Country resident Charles Bryant and Pacoima resident Ron Lisberg, according to court records.
The RIAA filed the lawsuits on behalf of its members which include Universal Music Group, Warner Music, BMG, Sony Music and EMI. If successful in court, the RIAA could receive damages of US$750 to US$150,000 for each song illegally downloaded.
"We've been telling people for a long time that file sharing copyrighted music is illegal, that you are not anonymous when you do it, and that engaging in it can have real circumstances," Sherman said.
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