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Music chiefs turn to law to stop internet downloading


By Charles Arthur, Technology Editor


08 October 2004


http://enjoyment.independent.co.uk/music/news/story.jsp?story=569941
<http://enjoyment.independent.co.uk/music/news/story.jsp?story=569941>


The Independent


The music industry is to sue 28 people in London and the South-east alleged
to have illegally swapped music over the internet, mimicking tough legal
action in the United States which saw a 12-year-old girl sued for
downloading songs.

The International Federation of Phonographic Industry (IFPI) has begun legal
proceedings to identify the 28 people, along with more than 400 others
across Europe, claiming they illicitly made thousands of popular songs
available online over what are known as file-swapping networks.

The file-swapping services allow people who belong to them to swap the
copyrighted music, and other files, directly between their computers.

Lawsuits against file-sharing networks such as KaZaA and Gnutella have
failed because they have a legitimate use for trading uncopyrighted
material. So the record business is going after users - particularly those
who make large numbers of files available.

"We are taking this action as a last resort and we are doing it after a very
long public awareness campaign," said Jay Berman, the IFPI chairman. "Now,
finally, we are at the point where the law has to be enforced. People who
love music should buy it online and not swap files illegally."

As a precursor to action against the file-swappers themselves, the IFPI will
this week begin civil proceedings to force internet service providers to
provide details of people whose computers are presently only identifiable by
an "IP address" - a numeric internet identifier unique to the offending
machine.With 8.3 million people going online at any one time to access 700
million files - representing the total number of downloads available to
sharers - the scale of illegal file-sharing dwarfs that of legal download
sites such as Apple's iTunes Music Store and Napster which see about a
million tracks downloaded per month from a catalogue of a million songs

The IFPI said yesterday that in a recent survey, 36 per cent of users of
file-sharing networks said they bought less music as a result. However, that
leaves two-thirds who either buy the same amount or more.

Other research has found no link between falling sales and file-sharing, and
suggested falling sales were due to economic conditions, fewer ,new releases
and physical piracy.

Sales of recorded music around the world have risen recently without any
noticeable change in the amount of file-sharing going on. The IFPI said
yesterday that the number of files offered online had fallen from a billion
in June 2003 to 700 million in June 2004.

Criminal and civil court cases are being filed against 50 alleged uploaders
in France, 100 in Austria, 174 in Denmark, and 100 in Germany. In Italy,
home to one of the toughest copyright protection laws in the world, police
have raided the premises of seven alleged large-scale file-sharers.

Similar legal action in the US sparked controversy when a 12-year-old
schoolgirl was one of those sued for illegally downloading music.

THE TOP TEN SWAPPED SONGS

1 Usher, My Boo

2 Ciara, Goodies

3 Maroon 5, She Will Be Loved

4 Nelly, My Place

5 Akin, Locked Up

6 Lil' Flip, Sunshine

7 Green Day, American Idiot

8 Linkin Park, Breaking The Habit

9 LL Cool J, Headsprung

10 Trick Daddy, Let's Go

For week 27 September to 4 October 2004; Source: Big Champagne


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