Related Issues: File Sharing, Intellectual Property

RIAA v. The People

On September 8, 2003, the recording industry sued 261 American music fans for sharing songs on peer-to-peer (P2P) file sharing networks, kicking off an unprecedented legal campaign against its own customers. The recording industry has now filed, settled, or threatened legal actions against well over 28,000 individuals, and there is no end in sight. While the strategy of forcing ordinary music fans to pay thousands of dollars to avoid even bigger RIAA-member lawsuits is itself troubling, many innocent individuals are also being caught in the crossfire.

If you have been sued or need actual legal advice, consider visiting the Subpoena Defense Alliance or contacting EFF -- we may be able to refer you to a lawyer or provide other assistance.

Below, we've provided a collection of resources that may be useful to music fans caught up in the RIAA lawsuit campaign and the lawyers who defend them. Start with the RIAA v. the People paper, which recounts the long, terrible history of the RIAA's legal campaign against music fans. You can also learn about how EFF has helped music fans stand up to the RIAA's overreaching claims in court, how EFF has defended P2P software developers and their right to innovate, and how EFF has fought for a better way forward that gets artists paid without fans getting sued.

RIAA v. the People: Five Years Later report [PDF] September, 2008
EFF editorial about the file sharing crackdown on college campuses June 6, 2007

General Resources and Memos Related to P2P User Lawsuits

Sample RIAA Documents

Prominent EFF Work

EFF Helps Innocent Defendants Fight Back

Debbie Foster, a single mom who was improperly sued by the RIAA back in 2004 for file sharing, not only got the lawsuit dismissed but also won back her attorneys' fees. The court's decision is one of the first in the country to award fees to a defendant in an RIAA case over music sharing on the Internet. EFF and several other groups filed an amicus brief supporting Ms. Foster's motion.

Learn more: Capitol v. Foster

Related cases:

EFF Fights to Dismiss Improper Distribution Claims

The RIAA has been making the erroneous argument that P2P users violate copyright holders' distribution right by merely placing music in a P2P program's "shared" folder, even when no downloads have taken place. While a P2P user might violate other copyrights (such as the exclusive right to reproduce a copyrighted work) depending on the facts of a given case, the user can only violate the distribution right if an actual distribution occurs. In effect, the RIAA’s theory twists the Copyright Act to permit unprecedented liability for "attempted copyright infringement," with a dangerous consequences far beyond file sharing. EFF has filed amicus briefs in several cases on this point, and helped persuade several courts to reject the RIAA’s “attempt” theory.

Learn more:

"Transmission + Reproduction != Distribution" February 27, 2006
"Capitol v. Thomas: The Key Appeal Issue" October 9, 2007
"Big Victory in Atlantic v. Howell: Court Rejects RIAA "Making Available" Theory" April 29, 2008

Related cases:

EFF Fights to Protect Anonymity

The RIAA has been cutting constitutional corners in order to get subpoenas to force universities and ISPs to identify suspected file sharers. Not only is this unfair to the defendants, but it also threatens to create a dangerous precedent that copyright claims are somehow exempt from the First Amendment protections that apply to anonymous speech online. EFF has been filing briefs on this issue since the beginning the RIAA legal campaign.

Related Cases:

» Archive of cases directly against music fans