Music Blogs

Virgin Media has now sent 800 letters to those evil baby-killing file-sharing types (well, they don't kill babies, but they do share files), as part of the previously reported alliance between record company trade body the BPI and the internet service provider in which those suspected of illegally sharing music online will be warned that they, or someone using their internet connection, is guilty of copyright infringement. The trade body expects to send out thousands more of the letters through its partnerships with both Virgin and BT - and through the partnerships it hopes to strike with other net providers.

As previously reported, despite being generally resistant to playing a more proactive role in combating the illegal file sharing conducted via their servers, some of the internet service providers are reluctantly accepting they cannot continue to ignore the issue completely. The BPI argues that it is actually more consumer friendly for users to receive warning letters about their file sharing via their ISP rather than to receive a formal legal letter or court summons, the other way the record companies have tackled file-sharers in the past (not so much in the UK, but prolifically in the US and Germany). Though it is more likely threats from government to introduce new laws to force the ISPs to act have been more influential in persuading Virgin and BT to act.

Needless to say, the letters have not been especially well received by those who have been sent them, with some denying they have ever shared unlicensed music, and others objecting to a company whose services they are paying for making implied threats against them. The Open Rights Group, meanwhile, says the music companies are overreacting, and that they need to offer consumers a viable alternative before clamping down on illegal music distribution.

Others say the letter campaign won't work, because people will just ignore them, and may be switch to another net provider. They may be right to a certain extent. As previously reported, the BPI's full proposal to the ISPs is that they cut off users who continue to illegally file share after receiving two warning letters. Virgin Media have not signed up to that bit, and while BT have reportedly threatened to disconnect at least one person because of file-sharing, they say that has nothing to do with the BPI's latest initiative and is a standard implication of their terms and conditions, which forbid copyright infringement.

To be truly effective the BPI really need every ISP on board, and for them to commit to the cutting off bit of the project as well as the warning letter distribution. Even then committed tech-savvy file sharers will find a way to circumvent the system - mainly by obscuring their sharing - but I suspect an industry-wide warning letter and termination policy probably would have a noticeable impact on illegal file sharing. Especially as, once DRM-free MP3s from all four majors finally reach UK download platforms (which they should later this year), the viable alternative of which the Open Rights Group talk has surely been made available.

With regards getting all the ISPs on board, the BPI says it continues to talk to other net providers and that it will consider legal action against those who refuse to play ball (Carphone Warehouse's Talk Talk have been most resistant so far). Plus, of course, the government has promised to get involved if the problem remains unresolved next Spring.

Commenting on the letters, and stressing that it is only letter distribution that they have so far signed up to, a spokesman for Virgin Media told reporters: "This is about education. We make no assumptions about who is at fault. It may be someone in the family or someone illegally using their wi-fi connection".

Asked about how successful the latest anti-P2P campaign could be, Mark Mulligan of Jupiter Research, who research these things, said: "File sharing is very youth-skewed. The BPI isn't going to close the door on the problem but it can get at the families whose kids are file sharing without their knowledge".

BPI chief Geoff Taylor admitted the current campaign - without blanket ISP involvement or any terminations - would have limited success in actually halting or reducing P2P file sharing, but he told reporters that it is important to challenge the notion that content online was always free. He told reporters: "There is a phenomenal amount of piracy out there and we believe that the idea that 95% of content on the net is free is not sustainable. We don't believe that society can allow the free consumption of content to persist".

-- Taken from today's CMU Daily, www.cmudaily.co.uk