Wired News: One file swapper, one lawsuit

http://www.wired.com/news/digiwood/0,1412,62576,00.html

A federal judge ruled on Friday that the music industry cannot sue over 200 alleged file sharers in one swoop and that the companies must sue each defendant individually.

The Recording Industry Association of America grouped 203 so-called "John Doe" defendants -- "John Doe" because their identities are not yet known -- into one lawsuit when it sued them in federal court in Philadelphia last month. All of those sued use Comcast as their Internet service provider.

Since a federal court barred the RIAA from using the Digital Millenium Copyright Act to subpoena names of suspected copyright infringers in December, the recording industry has resorted to the "John Doe" method. The RIAA now must identify alleged file swappers by their Internet Protocol addresses, but does not know the individuals' names.

On Friday, Judge Clarence Newcomer authorized a subpoena in the case of John Doe No. 1, because the RIAA had submitted a detailed case against the individual. But the judge ordered the music industry to file separate suits against the remaining 202 alleged infringers.

Each of the lawsuits will be doled out to judges in the U.S. District Court, Eastern District of Pennsylvania, and the RIAA will have to make separate requests to seek the identity of each alleged file sharer.

"We're glad the judge has recognized that the RIAA was trying to skirt around the regular rules for lawsuits by grouping over 200 individuals as a gang of file sharers," said Jason Schultz, an attorney with the Electronic Frontier Foundation, which filed an amicus brief in the case. "We think each individual who is being sued has a right to have their own trial and have their own privacy interests evaluated independently of anyone else who's being sued."

Schultz said that the order ensures that the judges assess the strength of the RIAA's case for each person.

The music trade group must pay court fees for each of these cases. Filing each lawsuit will cost $150 in court fees, for a total of over $30,000, according to the EFF.

The RIAA would not say what it plans to do.

"We are weighing our options," said RIAA spokeswoman Amanda Collins. She declined to elaborate.

One intellectual property attorney agreed with the judge's orders.

"It's not enough to say that each act of the defendant was an act of copyright infringement," said Scott Hervey, an attorney with Weintraub Genshlea Chediak Sproul. "That doesn't give the recording industry the right to sue them all as one big clump."

"I think the judge's ruling was procedurally correct."

Michigan may jump on the nanny state bandwagen

http://www.lsj.com/news/capitol/040309_unhealthy_1a-4a.html

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Published March 09, 2004
Residents may pay for unhealthy ways
Proposed state taxes target lifestyle choices; it isn't government's role to legislate values, critics say

ROD SANFORD/Lansing State Journal

Proactive steps: Jackson National Life Insurance Co. employees Holly Belen (left) and Jean Brown power walk through the long hallways Wednesday in the building in Alaiedon Township as part of the company's Wellness Program.
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Michigan proposals

Here's what Michigan officials are proposing:

# Got milk? State Sen. Virg Bernero, D-Lansing, last month abandoned efforts to ban soda from public schools. Instead, he has proposed a new bill requiring an equal ratio of milk and pop machines in public schools.

# Cigarette tax: Gov. Jennifer Granholm is hoping a higher cigarette tax will force more people to quit smoking. She has proposed raising the state's cigarette tax 75 cents to $2 per pack.

# Public education: Michigan Surgeon General Kimberlydawn Wisdom plans to launch a Healthy Lifestyles initiative in April to educate the public on healthy living. The awareness campaign will focus on people know what they can do to stay fit.

Online

# www.medc.michigan.org/
news/major
By Stacey Range
Lansing State Journal

Lifestyle police won't be scouring the contents of your refrigerator or forcing you to do sit-ups, but state officials are looking at new taxes, laws and regulations to change your bad habits.

Armed with a new study linking Michigan's lethargic economy to residents' unhealthy lifestyles, officials are pondering ways to promote healthy behavior and penalize the unhealthy.

Gov. Jennifer Granholm already is trying to raise the cigarette tax in hopes of forcing more smokers to quit.

Officials also are looking at what other states have done to encourage healthy living.

A few examples:

# California has banned junk food in vending machines on elementary and middle school campuses.

# Some Arkansas schools are testing students' body mass indexes to track their growth.

# Louisiana is offering stomach-stapling surgery to some state employees to see if it reduces health care costs.

Some critics say government should stay away from legislating personal choices, such as what people eat. But supporters say they must address a growing public health problem - one that's raising health care costs and apparently keeping some businesses from locating or expanding in Michigan because too many folks here smoke, are overweight and don't exercise enough.

"We need to help people become healthier," said state Rep. Barb Vander Veen, R-Allendale, who is considering introducing a bill to make exercise equipment and gym memberships tax deductible.

Adding to the push is a study released last month showing a connection between health and job creation. According to the study, Michigan has the highest rate of death from coronary heart disease, ranks second for obesity and diabetes, and is sixth for smoking when compared to 17 other industrial states. The study, commissioned by the Michigan Economic Development Corp., was conducted by Altarum, a nonprofit research institute in Ann Arbor.

Health problems caused by physical inactivity cost the state an estimated $8.9 billion a year. Smoking-related health problems cost $6 billion a year.

Granholm said the state must help residents get healthier in order to have a healthy economy.

"To be an attractive place for new business and to protect our citizens, we must take steps to reduce these long-term health care costs," she said.

But that scares Michigan Chamber of Commerce Vice President Rich Studley. "You have to wonder where this is all headed. It looks as though the lifestyle police are starting to take over."

Taxing food, soda

So far, officials are working on four initiatives: raising the state cigarette tax 75 cents to $2 per pack; a public awareness campaign on health issues; requiring an equal ratio of milk and soda pop vending machines in public schools; and creating a tax on pop.

State Sen. Virg Bernero, D-Lansing, is behind the latter two. Long an advocate of banning soda sales in public schools, Bernero abandoned that last month in favor of a new bill requiring schools to have one milk machine for every soda machine.

He also has proposed a 4 percent sales tax on pop with proceeds used to encourage good health and exercise in schools.

"Our children's health is in a calamity, and as adults, we need to take responsibility," Bernero said.

Launa Cook of Lansing doesn't think government should interfere. "Government has no place in dictating people's choice about their lifestyles. People who want to smoke a cigarette or drink alcohol or eat junk food should be able to."

The Michigan Republican Party criticized Democrat Granholm for using the report in her push to increase the state cigarette tax.

"She's obviously trying to legislate her personal values through taxation," party spokesman Jeff Stormo said. "She doesn't like smokers, so she's taxing them. How is she going to tax fat people?"

Michigan could be headed toward a junk food tax or "Twinkie tax" as some call it, Bernero said.

Rising numbers of obese people could push the issue. "Men's Fitness" magazine in January named Detroit the nation's fattest city. The city moved from No. 3 to bump Houston from the top spot due to a spike in TV viewing, a worsening commute time and a lack of gyms.

"The time may come when really fattening products need to be taxed," Bernero said. "We know obesity contributes to health care costs, so why not?"

Healthy workers

In addition to educating residents on how to get healthy, the state is planning a public awareness campaign in April aimed at informing companies how to lower health care costs by helping employees get fit.

Officials will be looking at efforts such as the Wellness Program at Jackson National Life Insurance Co. Officials there created the program 18 months ago.

"We realized that if we could help our employees get healthy, it would lower our health care costs," said Steve Hrapkiewicz, senior vice president of human resources.

The company, with about 1,200 workers, now offers a variety of on-site classes, including Weight Watchers at Work and low-impact yoga, and provides soothing chair massages a few times a week.

Business analyst Wendy Burns said she's benefited.

"I am a lot healthier now," she said after a two-mile power walk inside company headquarters at Interstate 96 and Okemos Road in Alaiedon Township.

Burns, 39, said she spends every lunch hour walking and has become a lifetime member of Weight Watchers.

"I would do it for a while and then quit," she said. "But since they brought it here, I've been with it for two years now."

Hrapkiewicz said it's too early to tell how much the Wellness Program has lowered the company's health care costs. But he said he's seen a change in employee health and morale.

"The feedback has been so positive," he said. "We have healthy, happy employees now."

Contact Stacey Range at 377-1157 or srange@lsj.com.

What I eat is my business, not the state's!