The music download controversy continues...

What to expect to receive if the RIAA decides to sue you

If the Record Industry Association of America sues you for sharing copyrighted materials, you'll get a document that looks very much like this one.  The RIAA is not the plaintiff (the party who sues you).  The record companies are the plaintiffs.  The RIAA is simply aiding the suit.

If you get sued, you'll be asked to pay a penalty (statutory damages) for the infringement - PLUS their cost of attorneys - PLUS their other costs of taking this action - PLUS anything else the court wants to award.

And you'll be asked to stop the actions that the suit says is illegal.

• The RIAA Complaint for Copyright Infringement (Sample)

What you'll be signing if you settle out of court

If you settle out of court, you'll be signing a simple document that admits wrongdoing, requires you to stop sharing copyrighted music illegally, requires you to destroy everything you've downloaded or made available online so far - and pay whatever settlement that you and the RIAA determine is reasonable.

You'll also agree not to make statements in public that contradict these items.  (I take that to mean that you can't tell the media that you signed it because you can't afford the lawsuit and that you feel you were really not guilty.  But I'm not a lawyer.  Consult with your own council.

• The RIAA Pre-Litigation Settlement Agreement (Sample)

Should you sign up for the Clean Slate amnesty program?

If you are worried about getting sued, but don't want to take the chance, you can sign up with the RIAA Clean Slate Amnesty program.  I've looked at the documents, but I don't see any reason for anybody to sign up.  All it does is admits wrongdoing to go on file (somewhere at the RIAA, I suppose).  It doesn't say that the RIAA won't sue you.  In fact, since the complaints are filed by the music companies, it is unlikely that the RIAA has the power to commit that you won't be sued.

In addition, while the RIAA says publicly that it will not use your contact information for marketing or give it to the record companies, the agreement to conform with that policy is not part of the agreement.

Now let me get this straight -- The RIAA agrees it won't help the record companies in their suits against you if you sign up with this program agreeing to come clean and stay clean.  But it also won't give your name to the record companies to keep you from being sued.  Sounds like it is putting you in jeopardy to me.

• The RIAA Clean Slate Amnesty Program
  • Description
  • Affidavit

Is it kosher?

Ira Rothken, an attorney in California is so upset by the amnesty program that he is suing the RIAA, saying that it is false and deceptive.  He says that the RIAA doesn't own the copyrights in question, and therefore cannot promise not to sue (legally).  His suit claims that the "Clean Slate" program does not deliver a clean slate and is designed to mislead the public into incriminating themselves.  The RIAA's new president, Cary Sherman, refutes Mr. Rothken's claims.

Send me your opinions.