Do you really care about whether Michael Jackson believes music sharers shouldn't be jailed for posting music? I don't. But I'm glad that he shared his opinion.
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The Recording Industry Institute of America has already issued over 800 subpoenas to get ISPs, universities, and other network operators to reveal the names of the file sharers that the RIAA believes to be "gregarious" sharers. If your user name or your child's user name is on that list, you might be on the hook to pay tens of thousands or even millions of dollars in fines or settlements.
Reps. Howard Berman of California and Howard Coble of North Carolina have gone so far as to propose changes to the Copyright Act, which would further restrict what is legal to do with copyrighted work, and include jail sentences for those who violate the act. Michael Jackson thinks incarceration is not a good idea; but Berman does -- and the district he represents includes Hollywood and its powerful movie and record industries.
The RIAA's best tool right now is its new-found ability to subpoena network operators, forcing them to reveal the names of violators. It allows the industry group to enforce its rights legally, because it can finally figure out who the real culprits are.
Jon Rosenson, director of strategic initiatives at Stargate, a Pittsburgh-based ISP, says his company has not yet received any subpoenas, but it has received notifications in the past about violations that might be happening using Stargate's network. Stargate asks the customer to stop the file sharing immediately or get off the network. It has handled the problem as one that needs to be fixed, but has not reported any names. If Stargate receives a subpoena, Rosenson expects his company to comply.
Carnegie Mellon University has a strict set of guidelines that doesn't prohibit file sharing, per se. It does prohibit illegal activity, specifically including copyright infringement using CMU computing facilities. Each student must agree to the guidelines before his computer is accepted onto the CMU network.
At CMU, as soon as the violation is identified, the machine is taken off the network. Then an investigation begins.
According to John Lerchey, computer & network security coordinator for CMU, he will shut down 100 systems in a typical academic semester because they are reported as sharing files using the network. Some of those transgressions may keep the violator off line for an entire semester. If a subpoena is received, it is sent to the university's legal counsel for follow-up.
The industry thinks it must issue the subpoenas to protect its interests. But a great portion of the problem would disappear if people would simply learn how to configure their peer-to-peer files sharing software when they install it.
Just disable the software's ability to serve files, and you won't be a targeted violator. You'd still be able to download your favorite songs -- as long as you can find them. But you wouldn't have the RIAA breathing down your back. They want the people who are making the music available to download. If that's not you, breathe easier -- for now.