Record companies filed lawsuits Tuesday against five of the 18 Ohio University students whose names were turned over to the companies this summer as part of a recording industry crackdown that began in February.
Ashley Starr, Brandon Martin, Brittany Dicks, Christopher Klimko and Josh Fiscus are each facing copyright infringement lawsuits for sharing at least nine songs using the Limewire and Ares file sharing networks.
Reached yesterday, Fiscus said he would not comment until he had spoken with his lawyer. Other students facing lawsuits could not be reached yesterday.
Each case was filed Tuesday at the U.S. District Court in Columbus. The same attorneys are representing the recording industry in each of the five cases.
Recording industry spokesman Jonathan Lamy declined to comment on why the recording industry had not sued 13 of the students whose names it had obtained, but said that none of them had settled.
In February, the recording industry began a new campaign against music sharers using university Internet connections. Its agents are targeting students using the Limewire and Ares networks to share copyrighted music and pass that information to a Denver law firm.
The firm has used the information to send an average of 400 letters each month to universities across the country. The recording industry asks universities to link the Internet provider addresses the recording industry determined are sharing files to their users. Most universities have complied with the industry's request.
The letters offer an average settlement of $3,500 and warn that if the recipient doesn't pay, he or she will face legal action from the record labels. In cases where the recipient hasn't paid the settlement or has ignored the letter, the recording industry has subpoenaed records that link the IP addresses to student names.
No file sharing case involving pre-litigation letters has gone to trial.
Ohio University received 100 such letters during Winter and Spring Quarters last year and forwarded them to students. In 25 of those 100 cases, no student responded to the settlement offer.
The recording industry filed subpoenas for names linked to those 25 IP addresses this summer.
Each dorm room has one IP address, which its residents share ' making it impossible to determine which student shared the files in question using solely the IP address.
Roommates must determine whether they will split the cost of a file sharing settlement or lawsuit or determine who is responsible. If roommates cannot come to an agreement, both their identities will be provided to the recording industry in response to a subpoena.
University records linking 18 addresses to student names were turned over in June and July. Four students settled during the subpoena process and requests for information that would identify them were dropped. Another student filed for a protective order and has hired an attorney in an attempt to protect his or her identity from recording industry lawyers.
Because roommates share IP addresses, the subpoenas might encompass more than 25 students.
Outstanding issues prevent the university from handing over information on the remaining students at this time, said Barbara Nalazek, associate director of the Department of Legal Affairs.
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