The letters, sent by attorneys for the Recording Industry Association of America, threaten costly lawsuits if the alleged music pirates do not initiate settlement talks within 20 days, or by June 4.
"We will offer to settle the claims for a significantly reduced amount compared to what we will offer to settle them for after we file suit or compared to the judgment amount a court may enter against you," states the letter on the letterhead of Denver law firm Holme Roberts & Owen. The letter doesn't give a figure, but such settlements in other states have run about $3,000.
Since early 2007, the Recording Industry Association has sent hundreds of such letters to 175 colleges and universities. Campus officials stressed that the U. is a neutral player in the disputes. The Digital Millennium Copyright Act requires Internet service providers to figure out which computer is assigned to the IP address suspected of being a platform for illegal file sharing. The provider must forward "pre-litigation settlement" letters to the people assigned to the infringing IP addresses.
On the advice of the general counsel's office, "We are forwarding the letters not as agents of the recording industry, but as a courtesy to the student who could end up in a discussion with these people whether it's in or out of court," said Kevin Taylor, planning director for the U.'s Office of Information Technology.
The law allows for minimum damages of $750 per pirated song, and as much as $150,000, sums that can be imposed for downloading and uploading copyright-protected files.
"There are affordable, if not free alternatives. It's hard to excuse this behavior," said Recording Industry Association spokesman Liz Kennedy. "The industry is offering to extend discounted settlements for those who choose to talk with us."
Students at some campuses are fighting back by going to court, however, and at least one person was tagged for a $222,000 judgement, according to a campus-wide letter sent out Thursday by the U.'s chief compliance officer, Chris Kidd. The letter warned of the consequences of not cooperating.
The alleged music thieves could be anyone using a computer hooked into the U. network, but are most likely dorm residents.
Last week's letters were the first time the U. received Recording Industry Association notices of intent to sue; no other Utah institution has received them, Kennedy said.
Nationally, the number of RIAA pre-litigation letters has soared in recent months, with as many as 569 in April alone, according to the Chronicle of Higher Education. Industry critics find the timing suspicious because Congress, which is fine-tuning its overdue reauthorization of the Higher Education Act, is currently weighing whether to require colleges to step up piracy-enforcement efforts. The RIAA, however, dismisses any link, saying the association's vendors have improved their ability to detect file-sharing piracy, resulting in an increase of litigation threats.
bmaffly@sltrib.com
