RIAA P2P LAWSUITS

Very recently, the Recording Industry Association of America filed approximately 260 Federal lawsuits against alleged "peer-to-peer" file swappers. The Complaints charged the Defendants with copyright infringement and alleged damages in the millions.

According to the RIAA, these lawsuits are just the start of what could be thousands more lawsuits filed over the next few months. In the past the targets of such lawsuits have been the actual operators of the peer-to-peer servers or sites, but ordinary single "at home" computer users have never before been targeted.

While many active peer-to-peer network users themselves seem to be very vocal in dismissing the RIAA's allegations as just "wrong" or "stupid" or "vindictive", these lawsuits, and the laws they rely on, are very real and very well established. Under copyright law, a violator can be held liable for up to $150,000 per violation. Do the math; 100 songs on your hard drive multiplied by $150,000 - Holy Smokes! According to the RIAA's recent complaints, most of the people sued were sharing 1,000 songs or more on the file-swapping networks. Realistically these cases will settle for nominal amounts, but the potential for high number damages is downright frightening.

The problem from a defense side is that the same technology that allows the swapping to go on also traces the file movement with stunning accuracy. The RIAA has collected long lists of files being shared by thousands of users. Copyright law forbids distributing unauthorized copies of protected works, as well as actually making unauthorized copies. Peer-to-peer network users who have swapped large numbers of copyrighted files on file-swapping networks could be deemed to be "distributors".

If you have been contacted, subpoenaed or sued by the RIAA, you should seek counsel immediately. Matthew R. Halpin & Associates, P.C. has worked in the copyright and trademark area for several years and has litigated numerous lawsuits in the Federal courts.

If you have been contacted in some way by the RIAA, and you yourself have not been using these networks but you have reason to believe that your kids, or someone in your household or workplace, has been using peer-to-peer networks contact Matthew R. Halpin & Associates, P.C. right away.