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SAN FRANCISCO -- An anonymous Boston College student yesterday ended a legal fight to keep her identity secret from the music recording industry, which wanted to sue her for allegedly distributing copyrighted songs over the school's computer network.
The student reached an out-of-court settlement with a recording industry trade group and dropped her motion to quash a subpoena that had sought her name and address. She identified herself to the recording industry, but court papers still refer to her as Jane Doe.
The American Civil Liberties Union and a private lawyer represented the woman without charge, arguing that the subpoena violated her right to free speech and due process, after Boston College said it planned to reveal her identity.
But the student grew weary of the lawsuit and ended it by agreeing to pay a few thousand dollars without admitting or denying wrongdoing, said her lawyer, David Plotkin, an associate with the Boston firm of Prince, Lobel, Glovsky & Tye. He would not reveal the precise amount of the settlement, but said it was generally in line with previous file-sharing settlements of $5,000 or less.
"Her sense was that even if she prevailed, the recording industry would find another way to come after her," Plotkin said. "It's a David and Goliath situation, and the Goliath just wasn't going to go away."
A spokesman for the music industry association, based in Washington, confirmed the out-of-court settlement but declined to comment further.
The trade group has sued 261 people accused of distributing copyright music across the Internet through file-sharing software, and last week warned 204 more that they were about to become defendants. The trade group began issuing warnings of pending litigation only after some defendants claimed they were improperly targeted and had received no chance to clear their names before being sued.
The recording industry says the Digital Millennium Copyright Act of 1998 compels Internet service providers to identify people accused of copyright infringement to the copyright holders. Verizon Communications Inc. and SBC Communications Inc. have fought the subpoenas, but Verizon lost in federal court.
"The fact that there's a settlement here does not mean we're giving up the challenge to the procedures the RIAA is using or the statute itself that purportedly authorizes this subpoena," said Aden J. Fine, a staff attorney with the national ACLU in New York. But Fine said the ACLU would have to find other defendants to support than the Boston College student.
"She wants to get her degree. She doesn't want to be a litigant," he said.
Chris Gaither can be reached at gaither@globe.com.
© Copyright 2003 Globe Newspaper Company.
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User Comments
compmore
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Date: October 24, 2003 @ 2:21 PM
very sad, but I've gotta feel for her. it would've been nice if she would've stayed and fought it but she was looking out for her future the best way she knew how and that has to take priority. Good Luck Jane Doe
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zippythechip...
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Date: October 24, 2003 @ 2:24 PM
I'll second that. Asking a college kid to become a martyr against the recording industry behemoth is a lot to ask. Everybody does what they have to do.
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CodeWarrior
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Date: October 24, 2003 @ 2:25 PM
"It's a David and Goliath situation, and the Goliath just wasn't going to go away."
The more I look at this, the more it becomes extortion plain and simple.
(under the Hobbs definiton of extortion)
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compmore
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Date: October 24, 2003 @ 2:27 PM
agreed Code. legalized extortion
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boobuttonboo
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Date: October 24, 2003 @ 2:31 PM
This above do not sing the knee where
the the above this is weak in the butterfly.
The butterfly suffocated with adhesion ones of the person of the wicked riaa of the shoes of the dung.
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darkened03
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Date: October 24, 2003 @ 2:35 PM
does no one see the possibly remove your hard drive replace it with another one. install linux. "i use linux you fools i can not use kazaa not be quiet and leave me alone" the riaa already fingered a person using a mac and withdrew their case. how could they prove in court you were using windows at that time and sharing mp3s at that time when they have no physical evidence and have already admitted they have been grossly wrong before?
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BrandonH
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Date: October 24, 2003 @ 2:52 PM
It's only a matter of time before someone with enough time, money, patience, and brains says up yours to the riaa.
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Zuckuss
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Date: October 24, 2003 @ 2:54 PM
Trying not to be a jerk, but am I the only one not understanding a single thing boobuttonboo has posted?
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boobuttonboo
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Date: October 24, 2003 @ 2:55 PM
While tightening those which the rental agreement file tightens hard,
It is frequently is the designated fish which is obtains.
The growing where the martini of the raincoat is large goes soon much with respect to from the thing those
which go need the vibration of the bottle of the bird, it goes big mac touch brown of the method.
riaa poops twitch tree stump.
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axxis
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Date: October 24, 2003 @ 2:59 PM
I agree with CodeWarrior - this is a flat-out case of extortion.
Let's put the RICO act on the RIAA'a ass NOW!!!!!!!!!!!!!
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CodeWarrior
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Date: October 24, 2003 @ 3:14 PM
lol Zuckuss...i keep thinking, "Just a little more coffee and it'll be clear".
Regardless, boobuttonboo's post ARE extremely interesting to me
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CodeWarrior
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Date: October 24, 2003 @ 3:15 PM
kinda like a random word generator is being used
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carla60626
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Date: October 24, 2003 @ 3:18 PM
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RobuteGuilliman
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Date: October 24, 2003 @ 3:22 PM
I thikn it's either philosophy, some sort of poetry, or just drugs.
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boobuttonboo
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Date: October 24, 2003 @ 3:28 PM
As for riaa politics panty of porkchop bill thin stick goo.
Time keeps doing to the shine of the pulse beat of two repetition and the door of coming, it is, it is, it goes.
The child of the cheese feet did, was a law of the stocking of the horse to be, and it is done.
riaa panty porkchops! riaa panty porkchops!
mitch glazier bainwol of wet used goat hordes empty dust collusium collapse soon be yes!
pitch mitch ditch mitch matrix glitch since poopie pinch.
bad mitch, bad mitch too panty porkchops with you 2
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carla60626
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Date: October 24, 2003 @ 3:30 PM
maybe it's koemoejoe trying a different schtick.
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cshell-run
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Date: October 24, 2003 @ 3:37 PM
Sounds like he's hungry
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CodeWarrior
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Date: October 24, 2003 @ 3:40 PM
carla60626 - I agree it is on point.
DirecTV is doing the same extortion thing as the RIAA, and I believe there may have even been meetings to establish a lower limit for settlements, since DirecTV and the RIAA have been offering around a 3000 grand settlement as their base level (except for 12 year olds, and they tried to get 3500 from Lorraine to begin with). And, it's gonna keep going until someone stops em in their tracks.
I'm getting dizzy reading boobutton's post..need to get my blood sugar back up there 
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CodeWarrior
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Date: October 24, 2003 @ 3:41 PM
Kinda sounds like Yoda if he got Alzheimers
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CodeWarrior
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Date: October 24, 2003 @ 3:43 PM
I think we need to have Boobuttonboo to debate Mitch Glazier at Goucher college..
and videotape it. I wanna see him respond to:
"pitch mitch ditch mitch matrix glitch since poopie pinch.
bad mitch, bad mitch too panty porkchops with you 2" ...LOL 
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boobuttonboo
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Date: October 24, 2003 @ 3:45 PM
Being worldwide, being convenient, the playground field of the earth of methodological monopoly?
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carla60626
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Date: October 24, 2003 @ 3:50 PM
But, what I thinking was that someone should file a class action RICO case against the RIAA. Is anyone working on this idea? (who are the powers-that-be?)
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Zuckuss
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Date: October 24, 2003 @ 4:43 PM
You have me rollin', Code! THAT would be a most entertaining debate! I will confess, I'm getting a real kick out of his (boo's) posts.
I'm still laughing!
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CodeWarrior
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Date: October 24, 2003 @ 4:53 PM
tribute to boobuttonboo...
"'Twas brilling and the slithytoves
Did gyre and gimble in the wabe,
All mimsy were the borogroves
And the momeraths outgrabe
'Twas brilling and the slithytoves
Did gyre and gimble in the wabe,
All mimsy were the borogroves
And the momeraths outgrabe
If it was, it could be
It if were, it would be
But as it isn't it's quaint,
'Cause as it is it ain't
'Twas brilling and the slithytoves
Did gyre and gimble in the wabe,
All mimsy were the borogroves
And the momeraths outgrabe"
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zippythechip...
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Date: October 24, 2003 @ 4:58 PM
I'm dying! I'm dying I tell you! Stop it, stop it! I can't take this! I'm laughing myself into apoplexy!!!!!!!!!!!!!
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boobuttonboo
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Date: October 24, 2003 @ 5:27 PM
tribute to codewarrior:
rafters up the ground elves toil
valenti smell mouse bum boil
silver gold tin copper flails drain hole
maggot flea asp cockroach slimes bainwol,
nightshade and arsenic of hilary rosen legs,
creepy crawly crags of digested rights made.
sherman and berman and berman some more,
all glitter and gleam like a barfly wh*re.
hollings and ballings and maulings galore,
boobuttonboo never visit that bum lickers store.
mitch, O mitch. fetch O switch.
of twigs o' plenty it robs you of your fanny,
mitch, O mitch. fetch O switch.
of your mouse bum does it bang your sweet old granny.
mitchy mitchy twitchy itchy mitchy
mitchy mitchy your bummie is itchy
mitchy mitchy a commie is mitchy
mitchy mitchy itchy itchy mitchy
....
thx for the tribute. very nice
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SuitablyTwisted
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Date: October 24, 2003 @ 5:51 PM
Well, now we know that boo is on the same drugs that Lewis Carroll was......
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mtekk
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Date: October 24, 2003 @ 6:05 PM
This is sad. She did here best, but the evil bastards would have kept HARASSING her, oh wait, Couldn't she press charges of harassment against the RIAA? Because it is clear that the RIAA is harassing her alone with everyone else it is trying to sue.
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churchkey
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Date: October 24, 2003 @ 7:00 PM
Dear Boobuttonboo,
Thank you! Best read I have had in a long time. Pantyporkchop indeed! Inspiring! You would be very effective in a debate with itchy mitchy and hairy cary. Code would be good there too. George could interpret.
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SonOfLiberty
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Date: October 24, 2003 @ 7:13 PM
momerath's, pantyporkchop.
I sense another "through the looking glass".
Back to the topic, I don't blame her for settling. She is looking out for #1.
The RIAA shouldn't be choosing college students. Bad choice. Ruin someones life before it even starts.
Extortion is the correct word, code.
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twinkerules
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Date: October 24, 2003 @ 7:55 PM
LMAO about boobuttonboo's comments.
boobuttonboo, are you related to Pootie Tang?
Thanks for brightening my day!
~Twinke will rule you
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Prideful-Chr...
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Date: October 24, 2003 @ 8:54 PM
Verizon lost in Federal court, but didn't they appeal and were just forced to comply with the subpoenas while awaiting the appeal which was September 16, 2003? I remember reading that RIAA and Verizon went back to court September 16, but haven't heard a word on the decision yet and it has been over a month?
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dowjones
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Date: October 24, 2003 @ 9:42 PM
HEY BOOB!! That Via Voice will screw up yer head !!!!!!!!!!!!!!!!
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boobuttonboo
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Date: October 24, 2003 @ 9:56 PM
Drugs is panties of mitch where
the cream cheese monkey is cunning.
Soylent green is the hair of the person
whose valenti is small.
As for the profit of the monkey which
reaches the point where impeachment
becomes dirty with my your feet do.
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flibbertygibbet
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Date: October 24, 2003 @ 11:05 PM
Ferd berfal this is fard farkle,fard farkle this is ferd berfel. ferd berfal this is fannie farkle, fannie farkle this is boobuttonboo. I don't know, maybe the lineage is wrong, but back to the subject die you scum sucking riaa...10/4 flibgbt
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CodeWarrior
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Date: October 25, 2003 @ 11:55 AM
lol flibberty...I forgot about the fanny farkle deal...shades of yesteryear...thanks for reminding me 
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50sKid
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Date: October 25, 2003 @ 11:15 PM
"Beware The Jabberwock, my son; the jaws that bite, the claws that catch...
I was in Sam's club today and saw some really nice Christmas [my favorite holiday] CD's. I fought the impulse to buy them, and thereby support the gestapo that is the riaa.
And now, I read about another young person who is intimidated by a major monopoly.
Makes me glad, once again, that I didn't buy those CD's.
A boycott is really the only weapon most of us have against this intolerable situation. It is also a very powerful one. Think of this young lady whenever you are tempted by the dark side...
The Kid
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surfside6
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Date: October 26, 2003 @ 8:38 AM
Looks like the tobacco companies all over again, have bucks will sue. Even if you win, you still lose because they will continue to appeal until you run out of money.
That is why I am still disappointed that the EFF still has not chosen to represent one person. What is needed is someone who is currently being sued to go toe to toe with the RIAA.
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theHERMlT
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Date: October 26, 2003 @ 2:35 PM
damned shame.
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theHERMlT
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Date: October 26, 2003 @ 2:41 PM
WANTED! grassroots movement need another volunteer.
seeking another volunteer to go to the front, and willingly risk the possibility of getting sued, and so doing twart the RIAA.
JOB DESCRIPTION:
File trading on targetted p2p networks a must.
Must have some college background, currently enrolled is prefered.
Must have unlimited financial resources, and be capable of surviving the expected lawsuit from the RIAA, in order to prove them wrong, and end this fiasco.
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theHERMlT
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Date: October 26, 2003 @ 2:45 PM
really, just stop listening to them.
I'm not filling my hard drive with there crap, and refuse to tempt someone else with the same. It isn't worth the storage space it takes up.
Isn't it just that simple?
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