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Judge Allows Counterattack In Music-File-Sharing Case

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: May 7, 2008

TAMPA – A federal judge has refused to dismiss a counterclaim filed in federal court by a Dade City lawyer who is accusing the recording industry of using deceptive tactics against college students named in music downloading lawsuits.

Michael Alex Wasylik, who represents many of the University of South Florida students sued by the recording industry for downloading music, has filed at least two counterclaims accusing the industry of hiring private investigators to invade private computer networks. The lawyer accuses the industry of using the court system as an investigative arm and then extorting money from people, using private information gained from the courts to force settlements.

Last year, U.S. District Judge Richard Lazzara refused to dismiss one of Wasylik's counterclaims, and that lawsuit against Suzy Del Cid was settled weeks later. On Tuesday, Lazzara refused to dismiss another of Wasylik's counterclaims, this one in the case of Eva Boyer.

The record companies have sued more than a dozen University of South Florida students, accusing them of illegal downloading.

The suits and the threat of suits have caused at least 64 USF students to pay, collectively, hundreds of thousands of dollars to settle music piracy complaints with record labels. USF has paid $75,000 to set up a computer program that detects when a student runs file-sharing software, and it plans to spend as much annually to run the program.

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