I love the way the RIAA has already blamed a temp for the incident.
The temp, of course, was just following instructions. The RIAA was just using the same inaccurate methods it always uses to make its usual faulty assumptions about the presence of "pirated" MP3s.
This article includes the actual letters that the RIAA sent out.
Complaint From Recording Industry Almost Closes Down a Penn State Astronomy Server
By Scott Carlson for The Chronicle of Higher Education.
A case of mistaken identity by a temporary recording-industry employee looking for illegal file trading came close to shutting down an academic server at the astronomy department at Pennsylvania State University during final exams last week.On Thursday, the Recording Industry Association of America sent a Digital Millennium Copyright Act complaint to Penn State's network-security office saying that a server on the university's main campus, at University Park, was offering a song by Usher, a popular R&B artist.
The network-security office responded by sending a polite yet adamant message to Matthew P. Soccio, the manager of the astronomy department's server: Remove the song from the server or we will shut it down within 24 hours.
Mr. Soccio spent hours scouring the machine for Usher's MP3 files and found a couple of an unlikely offenders: One was a directory of files owned by Peter D. Usher, a professor emeritus of astronomy. The other was an MP3 of a goofy a cappella song about a satellite that detects gamma-ray bursts.
Mr. Soccio brought the non-results back to the network-security office and begged not to be shut down. "They were kind enough to leave us up," he says, adding that the server is used to transfer academic work. "It's the middle of finals week, so that would have killed us."
Penn State's network-security officials did not respond to calls from The Chronicle.
The recording-industry association, which regularly scours the Internet for evidence that copyrighted songs are being shared illegally, acknowledges that there was indeed a mix-up. In an e-mail statement, the association's officials said that temporary employees usually verify each complaint before it is sent out, and that an employee had made a mistake in this case. The recording industry is reviewing all of the complaints verified by that employee. The association apologized for the blunder.
Mr. Soccio, however, is still a bit irked. He spent the weekend reading up on the Digital Millennium Copyright Act, and compared the recording-industry's complaint letter with the letter of the law. "I have a problem with that complaint on a couple of different levels," he says. "The DMCA is pretty clear about needing complainants to specify the files in question and the copyright in question, and that complaint does neither of those. That letter just points to the top level of my server and says I should look for 'artists like Usher.' I don't know what that means." Until Thursday, Mr. Soccio had never heard of the R&B star.
The experience has turned Mr. Soccio into an activist. He plans to send letters to Congressional representatives, and is circulating the texts in his department, seeking signatures from professors and other employees. The letters will ask Congress to strengthen fair-use laws and protections for institutions under the DMCA, he says.
Here is the full text of the article in case the link goes bad:
http://chronicle.com/daily/2003/05/2003051302t.htm
Complaint From Recording Industry Almost Closes Down a Penn State Astronomy Server
By SCOTT CARLSON
A case of mistaken identity by a temporary recording-industry employee looking for illegal file trading came close to shutting down an academic server at the astronomy department at Pennsylvania State University during final exams last week.
On Thursday, the Recording Industry Association of America sent a Digital Millennium Copyright Act complaint to Penn State's network-security office saying that a server on the university's main campus, at University Park, was offering a song by Usher, a popular R&B artist.
The network-security office responded by sending a polite yet adamant message to Matthew P. Soccio, the manager of the astronomy department's server: Remove the song from the server or we will shut it down within 24 hours.
Mr. Soccio spent hours scouring the machine for Usher's MP3 files and found a couple of an unlikely offenders: One was a directory of files owned by Peter D. Usher, a professor emeritus of astronomy. The other was an MP3 of a goofy a cappella song about a satellite that detects gamma-ray bursts.
Mr. Soccio brought the non-results back to the network-security office and begged not to be shut down. "They were kind enough to leave us up," he says, adding that the server is used to transfer academic work. "It's the middle of finals week, so that would have killed us."
Penn State's network-security officials did not respond to calls from The Chronicle.
The recording-industry association, which regularly scours the Internet for evidence that copyrighted songs are being shared illegally, acknowledges that there was indeed a mix-up. In an e-mail statement, the association's officials said that temporary employees usually verify each complaint before it is sent out, and that an employee had made a mistake in this case. The recording industry is reviewing all of the complaints verified by that employee. The association apologized for the blunder.
Mr. Soccio, however, is still a bit irked. He spent the weekend reading up on the Digital Millennium Copyright Act, and compared the recording-industry's complaint letter with the letter of the law. "I have a problem with that complaint on a couple of different levels," he says. "The DMCA is pretty clear about needing complainants to specify the files in question and the copyright in question, and that complaint does neither of those. That letter just points to the top level of my server and says I should look for 'artists like Usher.' I don't know what that means." Until Thursday, Mr. Soccio had never heard of the R&B star.
The experience has turned Mr. Soccio into an activist. He plans to send letters to Congressional representatives, and is circulating the texts in his department, seeking signatures from professors and other employees. The letters will ask Congress to strengthen fair-use laws and protections for institutions under the DMCA, he says.
Meanwhile, along with its apologies, the recording-industry association is sending an Usher CD and Usher T-shirt to Professor Usher.
The e-mail message to Penn State from the Recording Industry Association of America's Anti-Piracy Unit:
To: "Security"
From: RIAA Anti-Piracy
Subject: Unauthorized Music Site - Case ID 710857
Date: Thu, 08 May 2003 12:32:46 -0400
VIA EMAIL
May 08, 2003
Security
The Pennsylvania State University
University Park, PA
16802
US
Re: [IP address removed]
Dear Sirs:
I am contacting you on behalf of the Recording Industry Association of America, Inc. (RIAA) and its member record companies. The RIAA is a trade association whose member companies create, manufacture and distribute approximately ninety (90) percent of all legitimate sound recordings sold in the United States. Under penalty of perjury, we submit that the RIAA is authorized to act on behalf of its member companies in matters involving the infringement of their sound recordings, including enforcing their copyrights and common law rights on the Internet.
We believe your service is hosting the above-referenced site on its system. This site, which we accessed on 29 Apr 2003 22:07:31 EDT (GMT -0400), offers approximately 1 sound files for download. Many of these files contain recordings owned by our member companies, including songs by such artists as Usher. We have a good faith belief that the above-described activity is not authorized by the copyright owner, its agent, or the law. We assert that the information in this notification is accurate, based upon the data available to us.
We are asking for your immediate assistance in stopping this unauthorized activity. Specifically, we request that you remove the site, delete the infringing sound files or that you disable access to this site or the infringing files being offered via your system. In addition, please inform the site operator of the illegality of his or her conduct and confirm with the RIAA, in writing, that this activity has ceased.
You should understand that this letter constitutes notice to you that this site operator may be liable for the infringing activity occurring on your service. In addition, under the Digital Millennium Copyright Act, if you ignore this notice, you and/or your company may also be liable for any resulting infringement. This letter does not constitute a waiver of any right to recover damages incurred by virtue of any such unauthorized activities, and such rights as well as claims for other relief are expressly retained.
Thank you in advance for your prompt assistance in this matter. If you have any questions, please feel free to contact me via e-mail at antipiracy2@riaa.com, via telephone at (202) 775-0101, or via mail at RIAA, 1330 Connecticut Avenue, N.W., Suite 300, Washington, D.C., 20036. Please reference Case ID 710857 in any response or communication regarding this infringement.
Sincerely,
Anti-Piracy Unit
RIAA
Penn State's e-mail message to Matt Soccio:
Good Afternoon,
Our office received the following RIAA copyright complaint regarding the anonymous FTP server at [IP address removed] . The nature of the complaint is that the server is hosting a copyright-protected song by the artist Usher. Could you please locate and remove the Usher song as soon as possible (we need to take action expeditiously, or the University itself could become liable for hosting infringing material). If you are not able to do so in the next 24 hours, we will need to disable access to the machine hosting the infringing song.
If you are able to determine the origin of the song, we ask that you please provide us with the identity of the user.
Thank you,
Laurie Walters
PSU Security Operations and Services
