Duke University takes stand against RIAA

The Recording Industry Association of America (RIAA) has filed thousands of John Doe lawsuits against alleged file sharers across the United States — and one of their favorite targets has been students at major universities.

Most universities receive an RIAA notice and then forward the notice to students accused of copyright infringement, without asking for proof of copyright infringement.  But a new policy approved by the Duke University Office of Student Affairs will now force the RIAA to show evidence of copyright infringement by students on campus.

Like other universities, Duke never turned over student information without a subpoena, but university officials would reluctantly forward pre-litigation notices to students without looking into the matter itself.  The university will no longer distribute pre-litigation notices unless the RIAA can prove a Duke student actually committed copyright infringement.

"What we’re saying is that in order for us to pass on a settlement letter to a student, we’re going to start requiring evidence that someone actually downloaded from that student," said Larry Moneta, Vice President for Student Affairs.  "If the RIAA can’t prove that actual illegal behavior occurred, then we’re not going to comply."

Duke has received 1,000 infringement notices, 40 pre-litigation notices, eight subpoenas and 21 settlement offers.

The RIAA previously implemented a tiered settlement system where students face less monetary punishment if it settles faster.  When a university receives a pre-litigation letter and forwards it to a student who pays immediately, the fine is only $3,000.  If the university forces the RIAA to file a John Doe lawsuit, the price increases to $4,000.  If the students does anything to try and block the subpoena or anything else to interfere in the RIAA investigation, the price goes up to $8,000.

The new Duke University policy is expected to go into effect before the end of the current semester.

It remains to be seen if a new policy will help deter the RIAA from blindly sending letters to the university accusing students of copyright infringement.