Princeton's Peng settles with RIAA

[Dave Farber <dave () farber net>]

------ Forwarded Message
From: "the terminal of Geoff Goodfellow" <geoff () iconia com>
Date: Fri, 2 May 2003 07:52:51 +0200
To: "Dave E-mail Pamphleteer Farber" <farber () cis upenn edu>
Subject: Princeton's Peng settles with RIAA

Drinker Biddle Announces Settlement in Record Industry Lawsuit Against
18-Year-Old Princeton University Student

PRINCETON, N.J., May 1 /PRNewswire/ -- Drinker Biddle attorneys Howard Ende
and Melissa Klipp today announced that a settlement has been reached in the
lawsuit brought by the Recording Industry Association of America (RIAA)
against 18-year-old Princeton University student Daniel Peng. The favorable
terms of the settlement, which reflect the strength of Mr. Peng's position
under the copyright laws, include the following:

    -- No admittance of guilt from Mr. Peng.
    -- Mr. Peng will make a monetary payment to the recording industry over
a
       period of several years.
    -- Mr. Peng promises not to knowingly infringe by use of the Internet
the
       record companies' copyrighted works, except under certain specified
       circumstances.
    -- Mr. Peng will shut down his Wake.com site, except for a statement
that
       the site is closed, and provide a link to an industry Web site.

Mr. Peng created a search engine-type Web site that facilitated students'
and faculties' ability to access and share information offered by members of
the Princeton University community. The Recording Industry sued Mr. Peng and
three other undergraduates at other institutions for violating their
copyrights and requested damages that could have totaled close to $100
million dollars.

According to Drinker Biddle attorney Howard Ende, "It's very unfortunate
that the recording industry, in trying to protect their profits, has used
the legal system to intimidate students who are often their best customers.
Rather, the industry should be working with colleges and universities to
resolve its economic problems created by the development of new
technologies."

Daniel Peng commented, "I don't believe that I did anything wrong. I am glad
that the case has been settled amicably, and I hope that for the sake of
artists, the larger issues can soon be resolved."

Melissa Klipp, who is a Drinker Biddle partner specializing in Intellectual
Property Litigation, added, "While we understand the recording industry's
dilemma, we do not believe that heavy-handed litigation against 18- year-old
college students is the proper way to resolve the RIAA's problems. The
recording industry must realize that, at best, we are a symptom and not the
cause. The technology at issue is available universally through operating
systems purchased throughout the country and the world. As reflected in the
MGM v. Grokster opinion issued from the Central District of California last
week, American courts are viewing these situations more realistically.
Through handing the recording industry such significant losses, the courts
are sending the recording industry the clear message that they will not
over-extend the Copyright laws to help the recording industry compensate for
losses occasioned by other causes."

About Drinker Biddle

Drinker Biddle lawyers focus on providing creative and cost-effective
solutions to complex legal problems. The firm practices nationally and
internationally in three major business areas: business and finance,
litigation and personal fiduciary law. Clients include Fortune 100
companies, emerging and prominent technological enterprises, healthcare
companies, environmental businesses, private equity investors, financial
institutions, real estate concerns, major academic institutions, and
fiduciaries.

Headquartered since 1849 in Philadelphia, Pennsylvania, Drinker Biddle's
more than 450 lawyers serve clients collaboratively from nine offices,
including New York, NY; Washington, DC; Los Angeles, CA; San Francisco, CA;
Florham Park, NJ; Princeton, NJ; Berwyn, PA and Wilmington, DE.

SOURCE Drinker Biddle

/CONTACT: David J. Novak, Drinker Biddle, +1-609-716-6680, Cell:
+1-609-405-0046 or david.novak () dbr com; or Linda Jasper, Keating Public
Relations, +1-973-376-9300 or ljasper () keatingpr com, for Drinker Biddle/

http://www.newsalert.com/bin/story?StoryId=CpRcBWbWbueHusda2m

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
geoff.goodfellow () iconia com * Prague - CZ * telephone +420 603 706 558
"success is getting what you want & happiness is wanting what you get"
http://www.nytimes.com/library/tech/99/01/biztech/articles/17drop.html
http://www.tapsns.com/members-bio/geoff-goodfellow.shtml



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