RIAA and University of Wisconsin-Madison

Fall 2007

The UW-Madison receives “cease and desist” notices almost daily from representatives of the music and motion picture industries. We continue to comply, passing along such notices to those who appear to be the assigned users of IP addresses (IPs) identified in the notices.

UW-Madison has been actively promoting awareness about copyrights for more than eight years. See the “Congressional Subcommittee Survey of University Network and Data Integrity Practices" for examples of these efforts. Also, we have recently updated the University's Appropriate Use Policy.

For a general overview and answers to commonly asked questions as they relate to recent interaction with the RIAA, please see Understanding File Sharing.

Ron Kraemer
Chief Information Officer (CIO) and Vice Provost for Information Technology

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Answers to commonly asked questions regarding UW-Madison’s recent interactions with the RIAA are below.

What is RIAA? The MPAA?

RIAA stands for the Recording Industry Association of America. RIAA is the trade group that represents the US recording industry. More information on RIAA can be found on their website at www.riaa.com. MPAA stands for Motion Picture Association of America. It is the movie industry equivalent to the RIAA.

What are “cease and desist” letters?

Trade groups such as the RIAA and MPAA, as well as companies such as HBO and Paramount, have been sending cease and desist letters to the UW-Madison since 1999, asking that we forward them to the owners mostly closely associated with a given IP. Under the Digital Millennium Copyright Act of 1998, UW-Madison is legally required to forward these letters with the instructions that the individual remove any copyright infringing material he or she is accused of having. Once the individual has responded to the University that the infringing material has been removed, UW-Madison reports back to the trade group or company and the matter is concluded.

What are RIAA “pre-settlement” letters?

In March 2007, the RIAA began asking UW-Madison, in our role as an Internet Service Provider, to forward “pre-settlement” letters to the owners most closely associated with a given IP who have been accused of infringing on RIAA copyrights. The letter puts forth a settlement amount the RIAA is willing to accept not to take the case to court.

UW-Madison is not legally required to forward these letters since they are not part of a legal process in identifying or resolving copyright violations. Because the University is not an agent for the RIAA, if the RIAA wishes to take legal action against someone they believe has violated their copyright, they should do so directly. As such, UW-Madison has not forwarded the letters to the alleged infringers.

So how does the RIAA obtain the IP owner’s identity?

The RIAA works through the court system to serve UW-Madison with a subpoena requiring that we turn over the identity of the person most closely associated with an IP. We are legally required to respond to a subpoena.

How many of the “pre-settlement” letters has UW-Madison received?

Since March 2007, the University of Wisconsin-Madison has received several dozen "pre-settlement" letters from the RIAA, all of which have been intended for student users. To see a sample of one of the first pre-settlement letters, visit http://www.educause.edu/ir/library/pdf/CSD4832.pdf.

What should someone do who has received a letter?

UW-Madison is a third party and therefore cannot recommend any legal advice. We do suggest that those who receive a letter talk to a parent or trusted advisor, and consider seeking independent legal advice. Through the "Neighborhood Law Project" (NLP) a representative of the UW Law School has offered to help students understand some of the legal issues involved with these letters. Ultimately, affected students will need to seek independent legal assistance, if they so choose.

What has happened to those who’ve received the letters?

These settlements tend to be private and not disclosed to the University. Anecdotal reports suggest that the majority of students have settled with the RIAA out of court. 

Are those who receive the letter in trouble with the UW?

The RIAA is accusing an individual at an identified IP. If it turns out the person has violated any laws and/or University policies, UW-Madison may take action. Violation of University rules governing appropriate use of IT resources may result in loss of access privileges, University disciplinary action, and/or criminal prosecution.

Where can I learn more about file sharing?

UW-Madison has put together a general overview about file sharing, see Understanding File Sharing.

Where can I get more information?

Wikipedia:

University of Wisconsin-Madison:

Other resources:

Regardless of any information you may read and follow in this or any other article, you are ultimately responsible for illegal file sharing and copyright violations that may result from having file sharing of any type enabled on your computer.