The Recording Industry Association of America has sent 16 more illegal file-sharing pre-litigation letters to Duke students, the organization announced Thursday.
The most recent batch of letters is part of an ongoing legal campaign to deter the transfer of copyrighted files among college students. In the first wave of the new year, the RIAA once again offered defendants the option of settling out of court, for approximately $3,500, or facing potential fines as high as $500,000 in court.
"Bringing lawsuits has never been our first choice," Jonathan Lamy, RIAA senior vice president of communications, said in a statement. "But for those who continually ignore enticing legal alternatives and plentiful warnings, it's a necessary part of the equation."
Duke, like other schools, has been a continuing target of downloading lawsuits. This month, the RIAA sent out a total of 407 letters to 18 universities.
In November, 26 Duke students received similar pre-litigation letters, and even more letters were delivered earlier in 2007. In order to reach students, the RIAA sends letters to universities using IP addresses identified by the organization's online dragnet. It then asks university officials to identify the names connected with the IPs or pass letters along to offending students. If a university refuses to cooperate, the RIAA has the power to threaten it with subpoenas.
Since November, the University has worked to refine its procedure in handling the pre-litigation letters with students, said Larry Moneta, vice president for student affairs.
"Over the break we've been substantially updating the quality and quantity of the information we're giving students," he said. "We've completely refined the protocol."
The Dean of Students Office will now serve as the primary resource for students facing RIAA litigation. Its Web site has been updated to include more detailed information for students with questions about RIAA litigation, and staff members of the Dean of Students Office will be made available in an advising role for students with questions.
"We're still not in a position to represent students, nor intervene in any way," Moneta said, but added that he hopes the resources will aid the students throughout the process.
When the University receives pre-litigation letters, it passes them along to students when possible, Moneta said. Because of the nature of the technology, it is sometimes not possible to identify students from IP addresses. When asked to reveal students' names, however, Duke declines unless a subpoena is issued, he said.
The University's protocol for dealing with RIAA letters is comparable to most institutions, with the exception of a handful of schools, like the University of Oregon, which has contested the procedure in court.
After Duke's recent overhaul of procedures, Moneta said he does not foresee any major changes in policy in the future.
A 2006 study by the Student Monitor-an organization that provides research services on the college student market-found that more than half of college students download music and movies illegally. To challenge the widespread practice, the RIAA has built up a formidable online copyright violation force. Using an intellectual property law passed in 1999, the RIAA can now send generic subpoena letters-linked with a unique IP address-and demand the school to release that individual's name.
Since 2003, the RIAA has processed more than 26,000 lawsuits regarding copyright violations. Although a vast majority of students settle outside of court, many have contested the lawsuits or attempted to have subpoenas quashed before their identifying information is revealed.
Get The Chronicle straight to your inbox
Signup for our weekly newsletter. Cancel at any time.