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RIAA Threatens to Sue Hundreds for Illegal File-Sharing | Fox News
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`RIAA Threatens to Sue Hundreds for Illegal
`File-Sharing
`
`Published June 26, 2003 / Associated Press
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`Share
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`WASHINGTON – The music industry pledged to begin steps Thursday
`to file lawsuits against hundreds of individual computer users who
`illegally share music files on the Internet, an aggressive gamble to
`cripple online piracy by suing some of music's biggest fans.
`
`The Recording Industry Association of America (search), citing
`significant sales declines, said it would begin searching Internet
`file-sharing networks (search) Thursday to identify music fans
`who offer "substantial" collections of MP3 song files for
`downloading.
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`It urged users to remove popular music-sharing software or adjust
`program settings to prevent such downloads.
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`The RIAA expects to file at least several hundred lawsuits seeking
`financial damages within eight to 10 weeks.
`
`Kazaa (search), the most popular software package for file sharing,
`reported that the number of its users online fell roughly 16 percent
`by late Thursday morning to about 3.8 million people, compared to
`more than 4.4 million users shortly after the RIAA announced its
`new campaign Wednesday afternoon.
`
`Such numbers have fluctuated wildly in the past, and it was
`impossible to know whether any decline was attributable to fear of
`lawsuits.
`
`The chief executive at iMesh.com (search), another popular file-
`sharing package, said Thursday that there was no discernible
`decline in users. He predicted that any drop in music-trading activity
`would pick back up within weeks.
`
`"I assume that in the short term, it might have some kind of impact,
`but it will have only a short-term effect on the market," Elan Oren
`said from his corporate offices in Israel. "People will forget, the
`
`http://www.foxnews.com/story/2003/06/26/riaa-threatens-to-sue-hundreds-for-illegal-file-sharing/[3/18/2014 3:04:30 PM]
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`Apple Exhibit 4403
`Apple v Sightsound Technologies
`CBM2013-00023
`Page 00001
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`RIAA Threatens to Sue Hundreds for Illegal File-Sharing | Fox News
`
`usage of file-sharing is so intense. This is not going to make a
`drastic effect, not in the long run."
`
`Executives for the RIAA, the Washington-based lobbying group that
`represents major record labels, would not say how many songs on
`a user's computer might qualify for a lawsuit.
`
`The new campaign comes just weeks after U.S. appeals court
`rulings requiring Internet providers to readily identify subscribers
`suspected of illegally sharing music and movie files.
`
`RIAA President Cary Sherman said that after Thursday, tens of
`millions of Internet users of popular file-sharing software will be
`exposing themselves to "the real risk of having to face the music."
`He said the RIAA plans only to file lawsuits against Internet users
`in the United States.
`
`"It's stealing. It's both wrong and illegal," Sherman said. Alluding to
`the court decisions, Sherman said Internet users who believe they
`can hide behind an alias online are mistaken. "You are not
`anonymous," he said. "We're going to begin taking names."
`
`Shopping at a Virgin Megastore in San Francisco, Jason Yoder said
`he planned to delete file-sharing software he uses from his home
`computer because of the new lawsuit threat. He acknowledged
`using the Internet recently to find a copy of a rare 1970s soul
`recording, but he agreed that illegal downloads should be curtailed.
`
`"It's sort of like a serial drunk driver has to have their license taken
`away at some point," said Yoder, 30.
`
`Sharman Networks Ltd., (search) which makes the popular
`Kazaa software and operates one of the world's largest file-sharing
`networks, said in a statement, "It is unfortunate that the RIAA has
`chosen to declare war on its customers by engaging in protracted
`and expensive litigation."
`
`Sharman said it was interested in a business relationship with
`music labels and could protect their songs from illegal downloads
`using technology.
`
`Country songwriter Hugh Prestwood, who has worked with
`performers such as Randy Travis, Trisha Yearwood and Jimmy
`Buffett, likened the RIAA's effort to a roadside police officer on a
`busy highway.
`
`"It doesn't take too many tickets to get everybody to obey the
`
`http://www.foxnews.com/story/2003/06/26/riaa-threatens-to-sue-hundreds-for-illegal-file-sharing/[3/18/2014 3:04:30 PM]
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`Page 00002
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`RIAA Threatens to Sue Hundreds for Illegal File-Sharing | Fox News
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`speed limit," Prestwood said.
`
`Critics accused the RIAA of resorting to heavy-handed tactics likely
`to alienate millions of music fans.
`
`"This latest effort really indicates the recording industry has lost
`touch with reality completely," said Fred von Lohmann, a lawyer for
`the Electronic Frontier Foundation (search). "Does anyone think
`more lawsuits are going to be the answer? Today they have
`declared war on the American consumer."
`
`Sherman disputed that consumers, who are gradually turning to
`legitimate Web sites to buy music legally, will object to the
`industry's latest efforts against pirates.
`
`"You have to look at exactly who are your customers," he said.
`"You could say the same thing about shoplifters — are you worried
`about alienating them? All sorts of industries and retailers have
`come to the conclusion that they need to be able to protect their
`rights. We have come to the same conclusion."
`
`Mike Godwin of Public Knowledge (search), a consumer group
`that has challenged broad crackdowns on file-sharing networks,
`said the RIAA's announcement was appropriate because it targeted
`users illegally sharing copyrighted files.
`
`"I'm sure it's going to freak them out," Godwin said. "The free ride is
`over." He added: "I wouldn't be surprised if at least some people
`engaged in file-trading decide to resist and try to find ways to
`thwart the litigation strategy."
`
`The RIAA has previously sued four college students it accused of
`making thousands of songs available illegally on campus networks.
`But Wednesday's announcement was the first effort to threaten
`users who offer music on broadly accessible, public networks.
`
`The RIAA said its lawyers would file lawsuits initially against people
`with the largest collections of music files they can find. U.S.
`copyright laws allow for damages of $750 to $150,000 for each
`song offered illegally on a person's computer, but Sherman said the
`RIAA would be open to settlement proposals from defendants.
`
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`RIAA Threatens to Sue Hundreds for Illegal File-Sharing | Fox News
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`This material may not be published, broadcast, rewritten, or redistributed. ©2014 FOX News Network, LLC. All rights reserved. All market data delayed 20 minutes.
`
`http://www.foxnews.com/story/2003/06/26/riaa-threatens-to-sue-hundreds-for-illegal-file-sharing/[3/18/2014 3:04:30 PM]
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