Heads up "John Doe." The RIAA says you and 531 others are still illegally swapping too much music, and you're all getting sued.
Tonight on "Tech Live," get the very latest on this new round of lawsuits, reaction from all corners of the industry, and an analysis of the new legal tact taken by the Recording Industry Association of America.
The 532 suits filed in New York and Washington, D.C., mark a new strategy by the RIAA, whose
controversial subpoena process was
recently ruled unconstitutional by a federal court in RIAA v. Verizon. The court said the industry had no right to subpoena Internet service providers for information about their subscribers.
No more Mr. Nice Guy
The suits come amid two recent, conflicting reports that say use of file-swapping services is both
down and
up in recent months. Also, legitimate sites such as Apple's iTunes Music Store have announced great success in selling singles online. Some 30 million tracks have been downloaded from iTunes, according to Apple.
When the Verizon ruling was announced, the RIAA immediately went back on the offensive, saying the court's decision merely meant the recording industry would cease sending subpoenas and first file lawsuits.
That's exactly what the RIAA has now done in filing the 532 new suits Wednesday. In a statement released by the RIAA, the recording industry says it will subsequently issue subpoenas now that the suits have been filed.
Additionally, the RIAA says it will no longer offer settlements to alleged file swappers prior to suing them. To date, the RIAA says it has settled 200 of its existing 382 lawsuits, with another 100 settlements pending. The recording industry says it hopes to settle the new suits as well.
Get-tough campaign continues
In a statement, RIAA president Cary Sherman said, "Our campaign against illegal file sharers is not missing a beat. The message to illegal file sharers should be as clear as ever -- we can and will continue to bring lawsuits on a regular basis against those who illegally distribute copyrighted music."
Mitch Bainwol, RIAA chairman and CEO, said file swappers can no longer plead ignorance in the wake of the RIAA's strong enforcement efforts and the recent launch of legal music download sites including iTunes, Napster, and BuyMusic.com.
"The debate isn't digital versus plastic. It isn't old versus new," Bainwol said in the RIAA's statement. "Here's what it is: Legitimate versus illegitimate. It's iTunes and the new Napster and others versus KaZaA, Imesh, and Grokster. It's whether or not digital music will be enjoyed in a fashion that supports the creative process or one that robs it of its future."