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All TCU. All the time.

TCU 360

TCU 360

All TCU. All the time.

TCU 360

Students discuss religious topics in a small group. (Photo courtesy of tcuwesley.org)
Wednesday nights at TCU’s Methodist campus ministry provide religious exploration and fellowship
By Boots Giblin, Staff Writer
Published Mar 27, 2024
Students at the Wesley said they found community on Wednesday nights.

Students pay the price for pirating music

After winter break, students usually pack up their presents and head back to school, expecting to see friends and share stories.

When sophomore Sarah Bourland came back to school, she carried with her a $100,000 lawsuit from the Recording Industry Association of America for downloading 133 songs – songs that she said were downloaded before she came to TCU.

Bourland, an early childhood education major, said she was scared when she first received her pre-litigation letter, because she didn’t have a file-sharing program on her computer.

“It was two years ago, when I had LimeWire, and I only downloaded 133 songs, not 1,000,” Bourland said.

Bourland said she owed $3,000 by Jan. 29, or else she would have to pay $100,000. Bourland said she paid Jan. 28.

“My only thought was it sucks that I got caught,” she said. “There is so much other stuff I could have bought with $3,000, rather than paying for songs that would have cost me a dollar legally.”

TCU is one of 19 universities nationwide to receive pre-litigation letters, according to the RIAA Web site. College students alone account for more than 1.3 billion of the music downloads in 2006, according to a survey by NPD, a market research firm.

Brooke Scogin, assistant dean of Campus Life, said TCU has passed 14 more pre-litigation letters from the RIAA to students who were caught downloading illegal music since the initial letters were sent last fall.

When Kevin Cabla, a junior finance and economics major, was accused of downloading about 1,200 songs, thereby owing the RIAA $3,000, the gloves came off.

“I have not paid a dime at this point, and until I get further notice and information, I refuse to pay,” Cabla said.

Copyright laws traditionally require a fine of $750 in damages for each song or pirated medium, said Cara Duckworth, a spokeswoman for the RIAA. Duckworth also said cases typically range from $3,000 to $5,000, and the earlier the defendants respond, the less they pay.

Donald Kelso, attorney and partner of the Denver location of Holme Roberts & Owen LLP, the firm that sent letters to the university to give to students on behalf of RIAA, said he does not speak to the press and has no comment.

Cabla said, “The RIAA only has my licensed IP address and if they want to sue me they will have to subpoena TCU for my information.”

Before TCU is subpoenaed for a student’s information, the companies only know the students by their computer’s IP address, where the illegal downloading took place, Scogin said. However, if subpoenaed, TCU is legally obligated to give a student’s name and information, Scogin said.

Kat Hargrove, a sophomore communication studies major, said when she first received her pre-litigation letter, it said she owed $282,000, which would be dropped to $3,000 if she settled.

On top of paying the settlement fees to the RIAA, students have to abide by TCU’s Code of Student Conduct for misusing the Internet, Scogin said.

For first-time violators, the university temporarily shuts down the student’s Internet and requires them to send out an e-mail to 20 of their friends warning them about illegal downloading, Scogin said.

A second violation means disabling the student’s Internet access for the remainder of the semester, Scogin said.

Hargrove said TCU has been no help at all.

“They have done nothing to protect my identity or even lighten the load on the settlement fees,” she said. “I am not sure why my parents are paying so much for me to go here.”

Cabla agreed.

“I have heard of other colleges that actually fought for their students and won,” Cabla said. “TCU, on the other hand, rolled over and played the baby and did not fight for their own students.”

According to case records, both The College of William and Mary in Williamsburg, Va., and the University of New Mexico went to court after being subpoenaed by the RIAA to hand over student information.

Both universities won their cases and did not supply the students’ information, according to the case records.

Scogin defended TCU’s stance.

“Don’t shoot the messenger,” Scogin said. “I personally sent out letters to the students and attached the settlement letter from RIAA.”

The e-mails explained what was happening and informed the students of the consequences.

“Our main goal is to educate the student,” Scogin said.

Bourland said: “No matter what your position is on this issue, just buy your music legally. I don’t want to be the poster child for illegal downloading, but if it can help students know the dangers in it, maybe they will think twice.”

Duckworth said they are not out to get students.

“We don’t want to have to sue students,” Duckworth said. “But with the music industry suffering, we can no longer turn a blind eye.”

Scogin said some students choose to settle and some choose to wait it out.

“I can’t advise them of what to do legally,” she said. “I just hope students realize the severity of the situation before it gets out of hand.”

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