No clear lines drawn for file sharers who download MP3s
COMMENTARY
Jessica Sanders

Guess what? You’re a criminal! And even if you didn’t know file sharing is illegal, the record industry still believes it has the right to sue you for all you’re worth.

In recent months, the Recording Industry Association of America decided to do its part to clean up America by investigating a nation-wide crackdown on the disgusting deviants who share music files online. And many Americans are turning from their criminal ways to avoid a hefty lawsuit.

File sharers can be charged $750 to $150,000 for each infringement of copyright, according to the Copyright Law of 1976. So if you have a thousand songs on your computer, the RIAA can fine you for each individual copyright violoation, leaving you with a multi-million dollar lawsuit.

According to the NPD Group, Inc., a marketing and research firm, the number of households acquiring music files decreased 40 percent between April and June — a decrease most likely connected to the RIAA’s aggressive campaign against file sharing.
File sharing may be unethical but is it actually illegal? Or is the RIAA simply using scare tactics to shut down their biggest competition?

Revenue from music and video sales fell 14 percent between 1999 and 2002, according to the RIAA. While some of this is likely due to a mediocre music selection, researchers at the NDP Group believe file sharing has severely cut into the profits of the recording industry.

The RIAA argues that the real victims of file sharing are the artists. But according to an article in the San Jose Mercury News, small bands actually like file sharing because it helps them get exposure. And really, not many people will shell out $15 for music they’ve never heard. So if the small bands are in favor of sharing, then perhaps the RIAA is really protecting the likes of Justin Timberlake. After all, he really needs another Escalade.

And when we look at the letter of the law, it gets even trickier. According to chapter 10 of the Copyright Law, it is legal to make a copy of something for one’s personal use. So it should follow that burning a copy of my CD to give to a friend would not be illegal. But what if I send that CD to my friend over the Internet, in MP3 format? And what if I am sending it to someone I have never met, but am exchanging MP3s using a file-sharing software like KaZaA? Where do you draw the line?

I have a feeling that all of this will be settled in court during the coming months. In the meantime, music lovers have a decision to make. Pay $15 for a CD, or risk thousands for a lawsuit. The choice is yours.

Co-News Editor Jessica Sanders is a senior news-editorial journalism major from San Antonio.