Copyright Law

Duke University tells RIAA that it will no longer forward pre-litigation 'settlement letters' if RIAA can't show evidence of actual transfers of files

By Ty Rogers and Ray Beckerman

According to a report in p2pnet.net, Duke University has told the RIAA that it will no longer forward the RIAA's 'early settlement' letters to its students unless the RIAA submits 'evidence that someone actually downloaded from that student', and said that 'if the RIAA can?t prove that actual illegal behavior occurred, then we?re not going to comply':

Duke University to RIAA: put up or shut up

p2pnet news view | RIAA News:- Duke University has joined the growing list of schools balking at following Vivendi Universal, EMI, Warner Music and Sony BMG?s RIAA sue ?em all instructions.

Put up or shut up, Duke University for VP for student affairs Larry Moneta ... has told Vivendi Universal, EMI, Warner Music and Sony BMG?s RIAA, in effect.

And the same goes for Hollywood?s MPAA.

Duke will now require agencies like the aforementioned entertainment cartel enforcement organisations, ?to provide evidence of copyright infringement before forwarding pre-litigation notices to students,? says the school?s Duke Chronicle.

[Ed. note. While it is good news that a university is requiring the RIAA to put up or shut up, the forwarding -- or not forwarding -- of letters is pretty insignificant. What I want to know is this: 'When the RIAA comes knocking with its Star Chamber, ex parte, 'John Doe' litigation to get the students' identities, is the University going to go to bat for the students and fight the litigation on the ground that it's based on zero evidence, and on the ground that the students weren't given prior notice and an opportunity to be heard?'. -R.B.]

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Full post as published by Recording Industry vs The People on November 14, 2008 (boomark / email).