BPI demands Internet providers to pull the plug on file sharers
Posted on 11/07/06 00:36 by Seán Byrne                             
BPI demands Internet providers to pull the plug on file sharers

Up until now, the main two methods in dealing with the illegal sharing of copyrighted music includes suing the users  and making it more difficult to get/share copyrighted material (share fakes, filter traffic, use DRM, etc).  However, one thing the music industry has not tried up until now is to actually get the ISPs to enforce their conditions of service.  For example, most ISPs have one condition that the customer must not use their connection for engaging in copyright infringement or risk having their account suspended.

Now, the British Phonographic Industry (BPI) in the UK aims to tackle file sharing by demanding the Internet Service Providers Cable & Wireless and Tiscali to suspend the accounts of 59 accounts for a list of IP addresses it believes to be engaging in copyright infringement of music.  The ISPs have so far responded that they are investigating the issue and Tiscali mentioned that they do not automatically suspend accounts by request unless followed by the occasional investigation. 

While the BPI has successfully won court cases in the past against copyright infringing uploaders along with various settlements against others, it is unclear at this time if they are going ahead to sue any of these 59 people they have identified.

The British music industry stepped up its campaign against illegal file-sharing on Monday by demanding that two Internet service providers suspend 59 accounts it believes are being used to swap copyrighted songs.

The British Phonographic Industry trade group called on Cable & Wireless and Tiscali to join a crusade against consumer practices that have undermined music companies in recent years.

"We have said for months that it is unacceptable for ISPs to turn a blind eye to industrial-scale copyright infringement," BPI Chairman Peter Jamieson said in a statement.

"We are providing Tiscali and Cable & Wireless with unequivocal evidence of copyright infringement via their services," he added. "It is now up to them to put their house in order and pull the plug on these people."

The full Reuters article can be read here.

It seems quite unusual that the BPI has decided to go for the account suspension approach, unless they plan on using this tactic along with lawsuits to get these people offline as soon as possible to start with.  On the other hand, getting the largest file sharers offline may not be of much use either, since unless they have an unusually large uplink, chances are that their uplink is heavily congested.  For example, a person sharing out 20 of the top chart songs with a hefty 8Mb uplink would potentially cause far more harm than a person sharing over 10,000 titles with a mere 128k uplink.

Source: Reuters UK - Entertainment

Reactions
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By themushroom, Tuesday 11 July 2006 01:32
While most ISPs don't seem to care about the sharing of copyrighted material, they do care about the amount of throughput a user generates. Like with mine, a major brand, they don't seem to notice all that music but they do send an alert when one approaches whatever the upload or download thresholds are. This is about bandwidth preservation and not a question of WHAT one is doing. Smilie
By Dr. Who, Tuesday 11 July 2006 02:27
Dr. WhoYea the more you get the hotter you become they can't stop it all due to warez sites.
By Mordorr, Tuesday 11 July 2006 09:12
MordorrDream on!Frown What next? Gestapo controling, what should i see, do, with Internet?puke For god sake....get real RIAA..... Internet is freedom, not samething that can, should be controled... Pedofiles, crimes against people, terrorism, it`s ok... Now controling people access to Internet? We are entering in a new dangerous era..Embarrassment
By hallo51, Tuesday 11 July 2006 10:44
hallo51The new NAZIS in our era are the huge and global acting companies ! FU - ALL hallo51
By LastStand, Tuesday 11 July 2006 13:02
LastStandISP would not do this because them most of there customers would be disabled. They need these ppl for the revenue.
By Saruman, Tuesday 11 July 2006 13:31
Here's my $0.02. This is a legal matter. ISP's should not close accounts of any user unless ordered to by a judge. BPI or any similar org can generate enough evidence to make it seem like almost everyone is a pirate, therefore, ISP's should not take their evidence at face value and suspend accounts based on that. Now if a judge orders that the account be suspended until the person is brought to trial, that is one thing. Conviction should be terms for a permanent ban on that person by the ISP. However, if the person is found not guilty, then their account should be reinstated ASAP. The BPI are not the courts, they're not the police (and the police should not be able to order the suspension of an account without a judge's order, similar to a restraining order) and they certainly are NOT the freakin' courts. ISP's should NOT freakin' listen to BPI, MPAA, RIAA, or any other organization that believes that they have been harmed by someone using the Internet. If they have been truly harmed, they should seek redress via the courts, like getting an injunction or whatever it would be called to suspend an account to minimize the perceived harm, they have no business going directly to the ISP's. Frown OK, I've said enough.
By Dr. Who, Tuesday 11 July 2006 17:17
Dr. WhoVery good points people. They all make good sense. Here's another ideal but the average people won't like it take away wireless and broadband DSL ect.....and have the old dial up. I remember when kazaa was the P2P of choice back in the day. Heck I even used it from time to time, but I wouldn't hardly D/L anything due to time it would take. The bad part of this though is the D/L time to update windows and get program updates.......This could but could not be worth it. I know if everything was dial up again I'd do away with internet though. I don't think they'd roll back like that though.
By LastStand, Tuesday 11 July 2006 22:52
LastStandNew in... Quote... Tiscali refuses to unmask 'file-sharers' 'Similar requests we have dealt with in the past, have included such information and, indeed, the bodies conducting those investigations have felt that a court would consider it necessary to see such evidence, supported by sworn statements, before being able to grant any order." Tiscali asked for more evidence from the BPI before proceeding with the requests, and said it has contacted the customers concerned to ask for an explanation of their actions. It said: 'Should we not receive an adequate explanation during such period, we shall suspend the user's account pending resolution of [the BPI] investigation, assuming by that time we have received evidence from [the BPI] of a link between the user account and the IP address at the relevant time." Tiscali noted: 'It is not for Tiscali, as an ISP, nor the BPI, as a trade association, to effectively act as a regulator or law enforcement agency and deny individuals the right to defend themselves against the allegations made against them." Tiscali also said it is not able to disclose customer details to the BPI unless the BPI obtains a court order. End Quote.... http://www.webuser.co.uk/news/news.php?id=88582
By heystoopid, Tuesday 11 July 2006 23:58
Smoke and mirrorspuke
By idc, Wednesday 12 July 2006 00:23
Fuck the BPI and the RIAA. When they seek damages from file sharers, who pockets the proceeds? The artists? Not a chance, the BPI and RIAA fatcats do. It's only a matter of time before these associations throw their weight around a little too much and they'll be on the receiving end of a lawsuit.
By Roj, Wednesday 12 July 2006 06:08
Not gonna happen. These bozos, while they are powerful because they have deep pocketsw with which to bribe politicians and buy laws, tend to have an overinflated view of their own self-importance. That will inevitably cost them.
By Primergy, Thursday 13 July 2006 00:22
PrimergyAsking Tiscali?!? last time I looked around for a new ISP - they were the only ones in Germany throttling popular p2p-ports... *Now idea if this fact is outdated
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