The RIAA’s Lawsuit Campaign

Despite the lawsuits against Napster and the other services, the P2P userbase continued to grow (see "RIAA v. The People: Four Years Later Report"). To combat this trend, the RIAA started a lawsuit campaign against individuals in 2003. While the RIAA has the right to enforce its copyright, the tactics used in these lawsuits have been extremely aggressive and resulted in the undue harassment of users, some of whom had never even used a P2P service.

The technique employed entails RIAA agents downloading P2P software and then searching for users who are sharing files whose copyrights are held by RIAA member companies. Once such a user is identified, his or her IP address is noted. The RIAA would initially take the list of IP addresses to ISPs demanding that the ISPs reveal the identities of the users in question. This was done through what is called “subpoena” power. A subpoena is a command issued in a pending lawsuit ordering a person to testify or to produce documents. However, the RIAA issued “subpoenas” without actually suing anyone. Many public interest groups, objected to these subpoenas, because they were issued without judicial oversight and failed to protect the rights of those whose identify was sought. Initially, the courts sided with the RIAA. However, in December 2003, an appeals court ruled that the RIAA could not issue a subpoena without bringing a lawsuit against the user in question and thereby subjecting these subpoenas to judicial oversight. After this decision, the RIAA changed tactics filing “John Doe” lawsuit against anonymous persons identified only by an IP address. It now asks the court to force the ISPs to reveal the identity of the user to whom the IP address is registered.

In February 2007, the RIAA began employing yet another technique. It would identify IP addresses of students who had shared files using their school’s network and issue “pre-litigation letters” to the school. These letters would offer a chance to the students to settle with the RIAA rather than face a lawsuit. The RIAA asked that the universities pass these letters on to students. University response to these letters varied. While some institutions complied, others refused and still others punished students who received these letters. As of April 2007, more than 18,000 lawsuits had been initiated (see "RIAA v. The People, Four Years Later report"). Most of the parties sued did not have the resources to fight the RIAA in court and thus, decided to settle out of court. Settlement amounts have ranged from $3000 to $11,000.