written by Lindsey Arent, Tech Live on Tuesday, August 19, 2003

Small-time swappers may be safe after all, RIAA says.

As the RIAA's hit list grows ever longer, many wonder just how many downloads it takes for the recording industry to come knocking.

The question hasn't escaped Sen. Norm Coleman (R-Minn.), who recently voiced concern that the RIAA is coming down too hard on downloaders, especially those who merely dabble in digital music.

On "Tech Live," see what the RIAA said recently in response to this question. It may mark a shift for an industry that's been bent on scaring the hell out of people swapping any music online.

"My concern is that you have activity -- file sharing that goes on in massive quantities -- and that's wrong," Coleman says. "But on the other hand, I don't want to make criminals of 14-year-olds."

RIAA listening?

When Coleman recently called for penalties to "fit the crime," the RIAA countered with a detailed, 11-page letter that said, in part:

"RIAA is in no way targeting de minimus users. RIAA is gathering evidence and preparing lawsuits only against individual computer users who are illegally distributing a substantial amount of copyrighted music."

So what does that mean? Someone with thousands of tracks is liable to be sued, but if you have only 30, are you home free?

Mixed messages

The RIAA wouldn't give a number, but in its letter it said:

"We have uncovered infringers with thousands of recordings. That said the RIAA does not condone any illegal copying -- and does not want anyone to think that even a little illegal activity is acceptable."

Coleman said he was "gratified" by assurances that the industry is initially focusing on "egregious offenders." Coleman plans to hold hearings on the RIAA's campaign.

Standing ground

But for music swappers such as San Francisco's Chris Brennan, downloading never feels illegal. Brennan has stacks of CDs, shelves of vinyl, and a pretty solid MP3 collection. All told, he says he's got a few thousands tracks on his computer.

"I use [file-sharing sites] as a tool and then I do buy records," Brennan says.

So is Brennan worried the RIAA might come after him?

"Getting hit with a fine or getting some legal action taken against me would not change my moral view of what I'm doing," Brennan says.