Ohio University students who illegally download music can be subject to lawsuits and are not protected by the university, which can be subpoenaed to release their names, said Barbara Nalazek, assistant director for Legal Affairs at OU.
Record companies who believe their copyrights have been violated by students can obtain a federal subpoena, which forces universities to release information about students, said William Sams, chief information officer at OU's Provost Office.
An average of six copyright cases are filed each year against OU students, said attorney Pat McGee of the Center for Student Legal Services.
Lawsuits are generally started as a John Doe case, with the record company only being able to identify students by IP address, McGee said.
The university can use the IP address to find the student's name and personal information, which can then be turned over to the record company, Nalazek said.
We have no choice but to provide the student's information
Nalazek said, adding that the university cannot legally advise students because it would be a conflict of interest.
Far fewer complaints have been filed this year than in previous years, said Sean O'Malley, Communication Network Services' Information Technology communications manager. However, statistics as to the number of students who illegally download music are not illuminating he said.
So far, McGee said all of the cases he has worked on have been settled out of court, with students usually paying about $3,500 in settlements to record companies.
Everyone is probably trying to take the easy way out McGee said. The record company is settling because they want to collect (money for the case) and make an example of the students (who have illegally downloaded music).
The amount of money for which record companies are willing to settle depends on the number of songs downloaded, he said, adding that most OU students have been charged with illegally downloading between 200 and 500 songs.
OU and its Communication Network Services office are making attempts to educate students about the potential legal repercussions of downloading and offer Cdigix, a download service with a monthly fee, Nalazek said.
OU students who wish to go to court and fight a copyright case would have to do so in courts in Columbus or Cincinnati and hire their own attorneys that are familiar with these courts, McGee said.
Cases involving students often have strange circumstances
as it is impossible to establish which student in a group of roommates is ultimately responsible for a computer they share, he said.
In one case McGee defended, a student said her step-father and sister had illegally downloaded songs on her computer, but McGee said this would be difficult to prove in court.
The only way for students to entirely protect themselves against lawsuits is by not allowing anyone to illegally download on their computers, McGee said.
Cdigix offers legal alternative
Ohio University has teamed with an independent music provider to allow students to download music for $2.99 per month, said Sean O'Malley, Communication Network Services' Information Technology communications manager.
Cdigix is a legal downloading system offering safe files with no spyware or advertisements, O'Malley said. Students can preview the system by creating a free account using their Oak ID on the information services Web site, technology.ohio.edu/cdigix.
The people I've talked to rave about this (system) because it's cheap
and the tracks are good quality
he said.
Cdigix is just one way OU encourages students to protect themselves from lawsuits by downloading legally, said Barbara Nalazek, assistant director for Legal Affairs. The office often makes presentations about illegal music downloading in classrooms and during Precollege.
Students who want to download music that will be compatible with their mp3 players can use Ctracks, which costs $7.98 per month.
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Elyse Ball
