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Originally Posted by


Posted on Mon, Aug. 18, 2003  


FREDERIC J. FROMMER
Associated Press

WASHINGTON - The Recording Industry Association of America has told Sen. Norm Coleman that it is not going after small violators in its campaign against online music swappers.

The RIAA's written assurance was made in response to questions Coleman sent to the group over its tactics, which he has labeled "excessive." Coleman, chairman of the Senate Governmental Affairs' Permanent Subcommittee on Investigations, plans to hold hearings on the RIAA's campaign.

"RIAA is in no way targeting 'de minimis' users," wrote Cary Sherman, the group's president, in a letter the subcommittee released Monday. "RIAA is gathering evidence and preparing lawsuits only against individual computer users who are illegally distributing a substantial amount of copyrighted music."

But Sherman added that his group "does not condone any illegal copying and does not want anyone to think that even a little illegal activity is acceptable."

Sherman did not specify how much illegal distribution constituted "a substantial amount," and an RIAA spokesman declined to quantify the phrase.

Coleman, a Minnesota Republican and former '60s rock roadie, says he fears that legal penalties for downloading songs don't fit the crime. Copyright laws allow for damages of $750 to $150,000 for each song. The RIAA announced plans in June to file several hundred lawsuits against people suspected of illegally sharing songs on the Internet.

In its responses to Coleman, the RIAA said that while it has not yet filed lawsuits in its current campaign, "we assure you that we will approach these suits in a fair and equitable manner."

Sherman said that in cases it brought last year against college students who were illegally distributing tens of thousands of songs, the RIAA settled cases for $12,500 to $17,000 each.

"While every case is unique, we intend to be similarly fair and proportionate with respect to individual infringers and to consider each individual's circumstances," Sherman wrote.

As to whether the RIAA campaign is ensnaring parents or others whose Internet subscriptions are being used to illegally download music without their consent, the RIAA said that people are responsible for their own Internet accounts.

"We suspect that, just as parents would want to know if their children were shoplifting at the local mall, they will want to know if their children are stealing music online," Sherman wrote.

In a telephone interview, Coleman said the RIAA has been cooperative but that he remains concerned that the industry is "overreaching."

Even as some in Congress are seeking to tighten penalties for illegally downloading music, Coleman said he'd like to explore legislation that would ease such penalties.

"I'm concerned about the extent of the penalties," said Coleman, a former prosecutor and one-time downloader from Napster, the file-sharing service that a federal judge shut down for violating music copyrights.

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Fred Frommer can be reached at ffrommer(at)ap.org

ON THE NET

Recording Industry Association of America: http://www.riaa.com/

Subcommittee on Investigations: http://govt-aff.senate.gov/psi.htm

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