The RIAA is asking for additional cooperation from ISPs in getting customers targeted by the RIAA's file-sharing sting to cooperate, according to a letter recently leaked to P2P attorney Ray Beckerman. In it, the RIAA lays out its vision for how it would like ISPs to cooperate with its efforts to identify and sue those accused of sharing music over P2P networks. This includes communicating a standing offer of a $1,000 settlement discount should the subscriber settle before a lawsuit is filed against him or her. The letter also discloses plans for a settlement website that will launch later this year.
MediaSentry, the RIAA's investigative arm, typically identifies suspected copyright infringers by IP address. One of the record labels whose music was discovered in a shared folder then becomes the lead plaintiff in a John Doe lawsuit. Via the discovery process, the ISP is then forced to turn over the name and address of the account owner who was using the IP address at the time of the alleged infringement. At that point, the John Doe case is discontinued and the label sues the individual fingered by the ISP.
Bypassing the courts
The RIAA wants to do an end run around this process, getting ISPs to start the collection agency work by sending out letters to the owners of IP addresses allegedly used for infringement. If the recipient of a such a letter contacts the RIAA, the labels get their positive ID and the chance to extract a sizable settlement without having to resort to the legal system.
In its letter (which has all information that would identify the recipient blacked out), the RIAA outlines how it would like ISPs' help in its continued attacks against suspected file sharers. One of the big problems from the RIAA's perspective is that of the ISPs' communications. "Whether in a notice to a subscriber at the preservation or Doe stage, or in subsequent communication with subscribers," the RIAA writes, "it is vital that you avoid providing incorrect or misleading information." Instead, ISPs should use a model letter written by the RIAA to let subscribers know what's going on.
<<ISP>> has received a notice from the Recording Industry Association of America ("RIAA") requesting that we preserve documents regarding your identity. The RIAA has indicated that it intends to file a lawsuit and seek leave to serve a subpoena upon <<ISP>> requiring disclosure of documents that identify the user located at an IP address that our files indicate was assigned to you at the time identified by the RIAA.
If you have an questions regarding why the RIAA is interested in your account, please contact the record companies' representatives by phone at (913) 234-8181, by facsimile at (913) 234-81812, or by email at [email protected]
Please be advised that if the RIAA follows this notice with a subpoena, we will forward a copy of that subpoena to you but we will be legally obligated to provide the requested information.
Our purpose in sending you this letter is to provide you with advance notice of the RIAA's request. <<ISP>> is not taking any action against you, and there is no need for you to communicate with us regarding this issue.
ISPs are cautioned against letting their customer service staff provide misinformation to subscribers. They are told to "refrain from issuing opinions about the validity of the copyright claims." The RIAA also asks to be promptly notified if an ISP believes it has mistakenly identified a customer in an attempt to avoid further embarrassments.
Call now! Operators are standing by!
The RIAA will also be providing the ISPs with another letter they can send to their subscribers, this one notifying them of the possibility of an early, out-of-court settlement. "We have heard repeatedly from targets that they want the ability to settle as early as possible at the lowest amount possible," according to the letter. "To accommodate this request, we are instituting a new Pre-Doe settlement option that will allow infringers to settle at a discounted rate if they do so prior to our filing a Doe suit."
There's a catch: in order to be eligible for the Pre-Doe settlement option and $1,000 savings, ISPs will have to hold on to its log files for at least 180 days. This gives the RIAA ample time to pursue a lawsuit and subpoena if the suspected infringer elects not to enter a settlement.
The letter also outlines what exactly the RIAA wants in response to a subpoena, should a lawsuit become necessary. First, the music labels want an ISP to examine its log files "as completely and carefully as possible" before responding. The labels also want the most up-to-date contact information, as well as the log files used to identify the subscriber.
Ill communication
The last request contains a troubling admission by the RIAA: "We are taking this step to address the occasional problem we have had where an ISP does not maintain the log files and cannot later exculpate a subscriber who claims to have been misidentified." In other words, the RIAA has targeted the wrong people in the past due to its heavy reliance on US ISPs to accurately identify people with shared music folders on Kazaa or other P2P networks.
Later this year, the RIAA will launch a new website intended to "facilitate" early settlements. Once www.p2plawsuits.comwhich was just registered on January 23comes online, it will provide consumers with information about the RIAA's lawsuits and how to enter into a costly settlement in order to avoid litigation.
We contacted the RIAA to determine if the letter was indeed authentic and received no response prior to running this story. If nothing else, the letter illustrates the degree to which the RIAA wants to be able to get settlements from its targets without having to resort to even a John Doe lawsuit. The RIAA also anticipates stepping up the pace of its lawsuits against suspected file sharers, telling ISPs that the labels will soon resume sending them "early preservation notices" that are precursors to a lawsuit.
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