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Jim Lynch

Email: Jim Lynch

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The Association of Professional Office Managers Warns
RIAA Subpoenas Identify Business Subscribers

Online document offers guide for avoiding legal action against corporate entities for Peer-to-Peer downloading

Rockville, Maryland – October 14, 2003 – The Association of Professional Office Managers™ (www.apomonline.org) has issued a formal caution to all CEOs, CIOs, and Office Managers that the Recording Industry Association of America’s (RIAA) attack on individual copyright pirates places a significant risk on any business with Internet access. The announcement follows suits by RIAA against a twelve year old girl and a 71 year old grandfather as well as the implementation of new restrictions on student use of high-speed internet connections at some U.S. colleges.

According to Dan Hutzell, APOM Director, “Internet Service Providers are being subpoenaed to identify their subscribers, which include both household and business accounts. What we haven’t heard much about is that a number of subscriber names provided by ISPs to the RIAA are names of companies. The RIAA has confirmed to APOM that their subpoenas have identified businesses with computers illegally sharing copyrighted files.”

Hutzell also noted that civil subpoenas like those used by the RIAA do not require showing probable cause or any other court review. While an individual employee may be downloading or sharing music files, because company systems are used, and because companies may not be exercising due diligence, an employer could be named a defendant and found liable for part or all of a huge financial penalty. RIAA is trying to work with companies to educate them on their legal responsibilities. However, APOM feels that legal jeopardy is a very real concern that must be addressed by responsible managers. “If this seems farfetched,” concluded Hutzell, “remember tort lawsuits nearly always include the entity with the deepest pockets. That means a corporate pocket.”

The law is unambiguous. Penalties for online copyright violations are up to three years in prison and $250,000 in fines. In addition, individuals may also be civilly liable for damages, including legal fees of up to $150,000, and these penalties can be applied per infringement.

Jim Lynch, APOM Co-Founder, added, “Companies shouldn’t assume the pirates are running scared because of the media attention. In fact, the opposite appears to be true. Assume P2P sharing of copyright protected files is flourishing and take steps to avoid the significant risks to your company.”

APOM recognizes that the basic functionality of P2P file sharing services may provide a number of useful and legal functions for business. Companies must implement safeguards, however, to protect themselves from potential legal liabilities with regard to illegally shared music files and should consult their legal counsel when evaluating their company’s exposure and response.

Guidelines Available
APOM has compiled a list of recommendations to guide businesses against the potential legal ramifications of P2P sharing of copyright protected files. To access this free document visit www.apomonline.org.

About APOM
The Association of Professional Office Managers™ (APOM) is the premiere membership organization promoting excellence in office management. The Association enhances the professional careers of office managers by providing the information, tools, training, and recognition needed to further their success, including OfficeOurs™ magazine. For more information about the Association of Professional Office Managers, visit www.apomonline.org.

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