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Music Media Government The Courts News

UK Record Industry Starts Suing Filesharers 459

An anonymous reader writes "The BBC has the story that the British Phonographic Industry (BPI) has started a first set of lawsuits against UK file sharers. 23 people paid £50,000 to settle out of court. This is the first time people in the UK have been fined, and probably won't be the last. From the article: "We are determined to find people who illegally distribute music, whichever peer-to-peer network they use, and to make them compensate the artists and labels they are stealing from."
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UK Record Industry Starts Suing Filesharers

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  • by dmf415 ( 218827 ) * on Friday March 04, 2005 @04:18PM (#11847273)
    When will the record companies learn, if they price there product in an affordable price range, people will buy.

    Apple has sold approximately 85 million songs in the first two months of 2005, surpassing Piper Jaffray's initial estimates for the entire March quarter. Based on Apple's earlier announcement of 300 million total tracks sold, Senior Research Analyst Gene Munster says that iTunes sales could account for $83.2 million in revenue in the March quarter--or about $35 million more than the firm has been estimating. The firm also believes average daily sales rate has been 1.35 million per day since late January, which very similar to the 1.43 million daily run rate (i.e., sales of songs) in the weeks following the holidays. "We had been anticipating a more significant drop off in iTunes sales from the levels seen in the weeks following the holidays."

    In addition to driving iPod sales, the firm says that Apple's iTunes Music Store will also contribute significantly to the company earnings: while it estimtates that the current operating margin on iTunes is in the low single digits, Piper Jaffray says it believes iTunes profitability will begin to increase throughout 2005, with operating margins reaching 5% to 10% in 2006.

    http://www.macnn.com/articles/05/03/02/itunes.gr ow ing.fast/
  • Re:Ouch (Score:3, Informative)

    by goldstone97 ( 820252 ) on Friday March 04, 2005 @04:34PM (#11847508)
    It wasn't 50,000GBP each. It was 50,000GBP between all of them. From the article: "The average compensation payment was £2,200 each, with one person paying £4,500."

    Easy mistake to make - the first paragraph of the article isn't exactly clear that it is not 50,000GBP each.

    "The UK music industry has claimed victory in its first battle with illegal file-sharers after 23 people paid £50,000 to settle out of court."

    Though I'm also not sure how "50,000 totalled $21,453,716" works out either way.

  • Re:Ouch (Score:5, Informative)

    by a16 ( 783096 ) on Friday March 04, 2005 @04:35PM (#11847522)
    This isn't £50,000 each - it's £50,000 total. To quote TFA:

    The average compensation payment was £2,200 each, with one person paying £4,500.
  • by Doc Ruby ( 173196 ) on Friday March 04, 2005 @04:40PM (#11847591) Homepage Journal
    They're determined to find anyone who distributes music who isn't them, PERIOD. They're a starving, wounded beast, cornered by its own fear and ignorance. All they know how to do is threaten people who exchange music, whether they've got a right to or not. Why can't I let a friend listen to a stream of a song that's otherwise idle on my HD, when I can loan them the CD? Why can't a few of my friends tune into my stream, when I can bring the CD to a party? Because they never had enough lawyers to force you to pay them for those fair uses. But on the Internet, these music biz weasels can finally insert themselves into every music transaction as tolltakers. Or so they think - any smart people running the biz have run *from* the biz already. So the dumb beast makes its last stand, taking down as many victims as it can.
  • Lemonade (Score:3, Informative)

    by wwonka74 ( 861731 ) on Friday March 04, 2005 @04:52PM (#11847734)
    Probably everyone has played a version of the lemonade stand game that teaches simple economic sense or for those more into other things the drug game w/ the same basis.
    I'm not an economist or even a leader in the corporation I work for but that game taught me that people are willing to pay what they feel is a decent price for the product they receive and will not purchase any lemonade that is $5.00 a cup even on a 99degree farenheit day with no clouds in the sky.
    /em sends a copy of the lemonade stand game to MPAA, RIAA and now BPI.
  • Re:wi fi (Score:1, Informative)

    by Anonymous Coward on Friday March 04, 2005 @04:53PM (#11847745)
    Your agreement with your ISP makes you liable to the ISP, not the MPAA. The MPAA is suing because you (illegally) copied their copyrighted materials. It has nothing to do with your relationship with your ISP. If your neighbor leeched your connection to do the copying, then just as your ISP isn't liable neither are you (except, of course, if you are working with your neighbor!). Nevertheless, there's nothing to stop anyone from suing anyone, so once the MPAA latches on to you, you have to choose to fight (at great expense) or capitulate (even if you did nothing wrong). Depending on your circumstances, it could amount to extortion by legal process.
  • by zymano ( 581466 ) on Friday March 04, 2005 @05:08PM (#11847918)
    People sharing files is just like people copying a movie or tv show for a friend. Lets also remember that an MP3 is NOT an exact copy. So for the record producers to say that is stealing is wrong.

    Lets also look at new censorship rules being pushed by politicians in the US.

    The internet is hated by TV, Music and film companies.

    How long will it be before we have boxes installed on all computers checking for anything that might be copyrighted or anything that is deemed 'indecent'.

    We might be seeing it already. The war has begun.
  • hmm scary (Score:5, Informative)

    by real_smiff ( 611054 ) on Friday March 04, 2005 @05:25PM (#11848116)
    Fifteen of the 23 used the Kazaa peer-to-peer network, four used Imesh, two used Grokster, one used WinMix and one was on BearShare.
    First observations: no ed2k, no soulseek there. these are still fairly mainstream/'newbie'/old networks. all of these allow you to see a list of someone's shares? i wonder where else they're monitoring/know about - there's a lag in their learning about the newest trading methods, but there's also a lag in this sort of news getting out, so it's tricky to know.

    Some questions i'd like answered:
    What kind of music (artists, genres, labels) were they sharing?
    Why were they singled out (uh, awful pun)- sharing >x000 songs on a fixed IP for > x days?
    Are the IPs of these british organistions listed in anti-anti-P2P blocking lists? i can bet these people weren't using any blocking, but would it have helped is another question.. proper anonymous music trading networks anyone?

    "Some parents have been genuinely shocked to discover what their children have been up to
    yeah, there's always a quote like this. trying to make it sound so righteous. What about the parents who said "wtf, you're extorting 5 grand out of us for what?" they never get quoted.

    "we have attempted to reach fair settlements where we can".
    What attempt. It's pay a huge fine*, or go to court and risk paying a really huge fine. It can't be a deterrent and be fair. So admit it: it's not fair to the people caught, but you're desperate to scare people. I trust the next BPI press release will show how much the artists got from this (yes, sarcasm).
    *and admit you've been naughty and promise not to do it again, of course. whatever that means.

    "28 IP addresses and it was later discovered that two people accounted for four IP addresses on their list"

    interesting, the fact that two people out of such a small pool were caught *twice* suggests they are looking for something very specific, like a particular list of songs (e.g. counting the matches, then taking the IPs of those with the most?). i'm guessing that these were people with dynamic IPs, rather than those sharing e.g. at home and at work.

    Well i've been expecting this to happen in the UK - really, i'm amazed its taken until 2005 - and i always said "fuck it, safety in numbers" but i have to admit it is slightly scary to know you could get caught... i guess carrry on with the indie music, people! (and you know, buy some; just don't support the pigopolists, either by buying their music, or getting caught and really funding their lawyers.

    btw, do they actually have to listen to your songs to see if they are the material as named? if so, maybe having a max-uploads-per-IP in the client would help you not get into trouble, as well as being fairer, spreading things around?

  • Re:wi fi (Score:4, Informative)

    by cpt kangarooski ( 3773 ) on Friday March 04, 2005 @05:29PM (#11848153) Homepage
    "Sharing" is illegal in the US too, I am not sure about downloading.

    Downloading copyrighted works without authorization or an applicable exception is illegal in the US per 17 USC 501 and 106(1).
  • BPI... (Score:2, Informative)

    by eboot ( 697478 ) on Friday March 04, 2005 @06:50PM (#11848870)
    I have a family friend who works in the music industry today who spoke to the BPI after receiving a letter detailing what the BPI was doing and how they were suing people who held copyrighted material that his company was involved with. In a telephone conversation he had with a representative of the BPI he inquired as to where the money was going to. Originally the BPI replied 'the artist' but on further inquiry they admitted that the money was going to be used to... sue more people!!!!
  • by X0563511 ( 793323 ) * on Friday March 04, 2005 @09:13PM (#11849862) Homepage Journal
    Ever check the licensing?

    Even good licencers are prohibitively expensive.

    Project type: corporate use

    Artist: Electric Frankenstein
    Album: Conquers The World
    Song name: 01-It's All Moving Faster-Electric Frankenstein
    Audience type: general public
    Maximum audience size: unlimited
    License duration: unlimited
    Price: $2400


    I used corporate use because it's the only one that lets you do whatever you want. But that's the price for one track.

If all else fails, lower your standards.

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