On a recent Tuesday night, 700 DC++ users were swapping 29.3 terabytes worth of files - none of them legal. Meanwhile, the Recording Industry Association of America has plans to file lawsuits against eight university students.
Advantage: Direct Connect users.
Even though the university has skyrocketed up from the 28th-most complained about university in the nation for file sharing to the 15th-most complained about, all of the eight students under litigation threats were using file-sharing programs - not DC++, which is dependent on the university intranet. The No. 15 ranking is based on the number of RIAA-filed complaints.
But despite the escalating threat of lawsuits, students in several interviews across the campus said they are downloading songs with impunity, primarily from DC++. And that's just what's worrying the RIAA: Are universities producing an entire generation of music fans that refuse to pay for their songs?
"Everyone that can use DC++ does," said one sophomore.
The Diamondback is withholding the names of all students interviewed for this story to protect them from copyright infringement lawsuits, which can cost, at the minimum, $3,000 to settle out of court.
"I myself, am afraid of [an RIAA lawsuit], but most people aren't," said another sophomore, who said he has not paid for music since the ninth grade.
Another sophomore admitted that he continues to download despite the threat of RIAA lawsuit because "you have to be incredibly unlucky" to be sued.
While the university has been under increasing pressure from the RIAA to crack down on university file-sharers, the RIAA has also been flexing its legal muscles. One of the eight lawsuits the RIAA plans to go forward with was filed Thursday against Nnenna Nwosu, who is being sued by the recording industry for 147 counts of copyright infringement.
Nwosu could not be reached for comment.
Another seven students are still likely to be sued because they did not settle with the RIAA after they received pre-litigation letters offering settlements, generally for around $3,000. Under the Digital Millennium Copyright Act, copyright holders are entitled to at least $750 per copyright infringed.
Under that standard, one student, who admitted to downloading 70 songs in one day, could be liable for $52,500 in fines.
If the lawsuits have had any effect at all, it appears as though students are simply changing their habits while continuing to avoid paying for music. Many students say they have simply migrated from services such as Kazaa and Limewire to DC++.
The University Senate Student Affairs Committee voted to recommend the purchase of computer hardware that would block file-sharing programs Limewire and Aries, but voted 7-5 against seizing and shutting down the DC++ hub.
Another sophomore said that he buys some music off of iTunes, but that is only because DC++ will not work on his computer. Others said they prefer illegal downloading methods to Ruckus, the free, legal service provided by the university.
Ruckus, which has a three million-song catalog, isn't compatible with Mac operating systems or with Apple's popular iPod. More than 7,000 Maryland students use the service, according to a Ruckus spokesman.
One junior, who admitted to downloading music, said he considered using Ruckus, "but you can't use it with the iPod," he said, "so it's worthless."
The university is working to convince students not to share files illegally. In August, they launched the PlayFair campaign, which seeks to educate students about the dangers of sharing music online.
But in interviews, students said they remain devotees of illegal file sharing, with one student saying that it's unlikely they will ever purchase legal copies of music.
robillarddbk@gmail.com
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