RIAA to stop enforcing online music piracy

[Bakes]

Internet Law

RIAA to Stop Suing Over Music Downloads; ISPs are New Copyright Cops

Posted Dec 19, 2008, 02:21 pm CST

By Martha Neil

Ending a controversial enforcement effort in which it appeared to be fighting something of a losing battle, the Recording Industry Association of America says it will stop suing consumers over illegal music downloads via the Internet.

"The decision represents an abrupt shift of strategy for the industry, which has opened legal proceedings against about 35,000 people since 2003," reports the Wall Street Journal. "Critics say the legal offensive ultimately did little to stem the tide of illegally downloaded music. And it created a public-relations disaster for the industry, whose lawsuits targeted, among others, several single mothers, a dead person and a 13-year-old girl."

Instead of using lawsuits as leverage to try to protect music copyrights, the RIAA now plans a more practical enforcement effort concerning illegal downloads. With the help of Internet service providers, those who repeatedly download music illegally and ignore ISP warnings are expected to have their Internet service first slowed down and then stopped entirely, the newspaper explains.

Under the new enforcement plan, ISPs can cooperate with RIAA concerns about illegal downloads and warn customers about apparent copyright violations without revealing their identity.

The prospect of having ISPs as copyright cops, however, isn't music to the ears of a number of technology bloggers.

"Why can't the RIAA and its label cronies stop with the fear of the Web already and just embrace online realities?" writes Don Reisinger on the Digital Home. "A number of independent artists, as well as better-known bands like Radiohead have done extremely well offering their songs for free and asking for donations whenever people feel compelled to do so."

Additional Coverage:

PC Magazine: "RIAA Taking Piracy Fight to ISPs"

Seattle Tech Report (Post-Intelligencer): "RIAA shuts down its lawsuit machine"

http://www.abajournal.com/weekly/riaa_to_stop_suing_over_music_downloads_isps_are_new_copyright_cops

[elan]

So what will happen if ISPs don't follow through and post warnings to consumers? Would the RIAA then sue the ISPs?

[Bakes]

So what will happen if ISPs don't follow through and post warnings to consumers? Would the RIAA then sue the ISPs?

Your guess is as good as mine... but that would seem the most likely route. 

Years ago I did a stint with the RIAA at their headquarters on Connecticut Ave. in DC.  It was very interesting sitting with their head attorney and learning their legal strategy for pursuing online pirates.  At the time I was just a low-level techie (wanna-be techie more like it) and we were actively involved in checking people's online activities (and their hard drives) for evidence of piracy.  Even then the net cast was extremely limited as the Assoc. only protected the interest of it's members (not all record companies are members) and even then, only the top 5 labels... Sony, BMG, Emi, Universal and one other that escapes me just now.  On top of that, only certain artists from these stables were checked for... and an individual would have had to have dl'ed at least 500 files before they'd trigger scrutiny.

So as you see... only a small pool of offenders would actually even get a 'cease and desist' letter... let alone see the inside of a courtroom.  Targeting the ISPs was the favore approach even then... I believe they didn't pursue it because going after the actual pirates, while dirtier (from a PR perspective... who wants to hale a 15-year old into court?), it was also the sexier option.  I guess the finally settled on the latter course after all.