Record companies take battle against filesharers to court : 1:8:2005

UK record companies' trade association the BPI is today intensifying its campaign against large scale illegal distributors of music on the internet by lodging formal court proceedings for the first time against five uploaders in the UK.

 

The announcement comes amid clear indications that the record industry is turning the tide on illegal filesharing.

 

BPI chairman Peter Jamieson said, "Music fans are increasingly tuning into legal download sites for the choice, value and convenience they offer. But we cannot let illegal filesharers off the hook. They are undermining the legal services, they are damaging music and they are breaking the law."

 

 

Court proceedings

 

Civil proceedings are being issued today against five individuals who between them made 8,906 songs available for millions of people around the world to download without permission.

 

The three men and two women live in King’s Lynn, Crawley, Port Talbot, Brighton and South Glamorgan.

 

The BPI will claim compensation and costs on behalf of its member record companies whose music has been uploaded on to peer-to-peer networks without permission.

 

BPI General Counsel Geoff Taylor said, “So far 60 UK internet users have settled legal claims against them for illegal filesharing, paying up to £6,500 in compensation. We have tried to agree fair settlements, but if people refuse to deal with the evidence against them, then the law must take its course. That's why we have had no choice but to take these five individuals to the High Court. We will be seeking an injunction and full damages for the losses they have caused, in addition to the considerable legal costs we are incurring as a result of their illegal activity."

 

All five cases were the subject of a court order on March 11, requiring internet service providers to name the holders of accounts which had been used for illegal filesharing. The account-holders were first contacted by the BPI in April with the details of the case against them.

 

 

Tide turns on filesharing

 

News of court action comes after weeks of good news for the record industry:

 

> June 27. Court rules against Grokster. The US Supreme Court ruled that filesharing services that distribute P2P software, with the object of promoting its use to infringe copyright, are liable for the acts of users who subsequently upload or download music illegally.

 

> July 11. The BPI announces that download sales in the first half of 2005 have passed the ten-million mark, almost twice the level for the whole of 2004.

 

> July 13. Prime Minister Tony Blair lends his support to legal downloading, buying the first single by parliamentary rock band MP4. “The record industry is at the vanguard of our new internet economy and I am pleased to support legal downloading," he said.

 

> July 28. Independent research from The Leading Question acknowledges the loss to the record industry caused by illegal filesharing - it estimates a loss of nine CDs per filesharer per year - but scotches the idea that illegal filesharers are forever lost to the legal music market. On the contrary it suggests they are fast becoming enthusiastic buyers of legal downloads.

 

BPI chairman Peter Jamieson said, "The fight against internet piracy will not be won overnight, but increasingly we are winning the argument."

 

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Editor's Notes

 

For more information on illegal filesharing, download the BPI's Illegal Filesharing Information Pack using the link below or visit the anti-piracy section of the BPI website,

 

http://www.bpi.co.uk/pdf/Illegal_Filesharing_Factsheet.pdf