Monday, May 14, 2007

RIAA fines in leu of lawsuit.

So, you're a college student downloading music. You get a letter from the RIAA indicating that they are going to sue you unless you settle by paying a $3,000 fine for pirating music. You're a broke college student, so you can't afford to fight the legal battle, but you can't afford the $3,000 fine either. The RIAA has expensive lawyers, and plenty of them. Is this fair?
Well... pirating music is illegal, even if "everybody is doing it." Sure, the RIAA may be bullying college students, but think about how many songs get illegaly downloaded across campus networks. How do you change the student's attitudes? These fines may go a long way to do that.
Sure, it sucks. I'd hate to be one of those students. I have a job, I'm not paying tuition, and I still can't afford a $3,000 fine. But, if you're the RIAA, you have to take some action. What else can you do?

2 comments:

Keller S. Magenau, PhD said...

The claim that the RIAA is acting reasonably is supportable but for one thing. As you've said, the RIAA has expensive lawyers. And those lawyers are enacting an uncalibrated, take-no-prisoners approach. The RIAA has initiated more than 18,000 suits against computer users, imposing those $3,000 fines without consideration of individual circumstance. Many college students burdened by those fines are already making great financial sacrifices to be in college. For low-income students the $3,000 fine can mean they'll have to leave college. They'll have no choice but to drop out before completing their degree. As a result they'll have no greater earning potential or job security than they did before they enrolled. Those students whose options are limited will be strapped with considerable student-loan debt, and a significant fine to pay off. First-generation, low-income college students are in college to change the trajectory of their lives, to escape from poverty and limited opportunity. They’re making an investment that will improve their lives and will ultimately be good for communities. How can a fine that results in such significant lost opportunity be acceptable? Yes, these students have broken the law and should pay a fine. But fines that result in excessive punishment should not be tolerated.

Keller S. Magenau, PhD said...

The claim that the RIAA is acting reasonably is supportable but for one thing. As you've said, the RIAA has expensive lawyers. And those lawyers are enacting an uncalibrated, take-no-prisoners approach. The RIAA has initiated more than 18,000 suits against computer users, imposing those $3,000 fines without consideration of individual circumstance. Many college students burdened by those fines are already making great financial sacrifices to be in college. For low-income students the $3,000 fine can mean they'll have to leave college. They'll have no choice but to drop out before completing their degree. As a result they'll have no greater earning potential or job security than they did before they enrolled. Those students whose options are limited will be strapped with considerable student-loan debt, and a significant fine to pay off. Low-income college students, often the first in their families to aspire to higher education, are in college to change the trajectory of their lives, to escape from poverty and limited opportunity. They’re making an investment that will improve their lives and will ultimately be good for communities. How can a fine that results in such significant lost opportunity be acceptable? Yes, these students have broken the law and should pay a fine. But fines that result in excessive punishment should not be tolerated.