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Creative Lawyers for Creative Business

November 2004

Getting more personal - File-swapping fraudsters are to be sued in piracy crackdown

The torrent of lawsuits, press releases blaming downloading for the drop in CD sales, and tales of the imminent death of recorded music continues unabated. After the RIAA came out smelling of roses when they sued numerous file-sharers, the BPI, the trade body that represents the music companies in Britain, has introduced a similar 'tactic' in the UK. They are headstrong in their hunt for pirates. Even if the culprits are children, it is understood that they will go after the parent who may be authorising or encouraging illegal file swapping.

The High Court ordered four ISPs (BT Openworld, Wanadoo, Telewest and NTL) to disclose the contact details of 26 people who were allegedly found to be swapping music illegally over the internet. The record labels however, who were planning to sue the 26 pirates, may now be settling out of court.

BRIFFA Comment:
Is this really the best way to address the issue? Who knows. This issue has been hotly debated for some time now and continues to be so. Meanwhile, libraries of dead media are forming over-spill, whereby technology has been pushed to the limits by companies attempting to use digital rights management and other software encryption technologies to combat piracy. As a business model, there is strength in the case for carving up and exploiting these rights positively, rather than seeking only a confrontational route and prosecuting. The looming question is still whether paid-for digital music services (e.g. iTunes) are set to grow, or whether the industry will instead adapt to the prevalence of low cost / free digital music by concentrating on the exploitation of traditionally non-core income streams such as touring monies, merchandise etc. Some believe the industry needs to develop the value of paid-for music. After all, water is free, but millions buy bottled water every day. The issue surrounding the gateway to digital music continues and in taking piracy fears to the extreme, more prosecutions could be just around the corner as the BPI adopt the strategies of the RIAA.

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