The Independent – 19 January 2007:

John Kennedy, the chairman of the IFPI, said he had been frustrated by internet companies that have not acted against customers involved in illegal activity. He warned that litigation against ISPs would be instigated “in weeks rather than months”. Barney Wragg, the head of EMI’s digital music division, said the industry had been left “with no other option” but to pursue ISPs in the courts.

The IFPI wants ISPs to disconnect users who refuse to stop exchanging music files illegally. Mr Kennedy said such activity is in breach of a customer’s contract with the ISP and disconnecting offenders the IFPI had identified would significantly reduce illegal file sharing.

A spokesman for the Internet Service Providers Association said ISPs are “mere conduits of information” that can not be held liable for offences committed by customers. “ISPs cannot inspect every packet of data transmitted over their networks,” he said.



  1. Tom 2 says:

    Can ISP’s really tell that you are sharing music online. And of so, would they be able to tell if you are on an internet browser or using Skype? Or how bout when you are chatting online?

  2. SN says:

    1. “Can ISP’s really tell that you are sharing music online.”

    An even better question: Can ISPs really tell that you’re sharing music online that infringes someone else’s copyright?

  3. Grrr says:

    “…disconnecting offenders the IFPI had identified would significantly reduce illegal file sharing.”

    Funny, I don’t remember electing the IFPI overlords – or hearing that my parents were running it. Oh, well. So long as there’s no potential for retribution or abuse…

  4. Mac Guy says:

    #3: As if this isn’t abuse enough? Friggin’ RIAA gestapo…

  5. Jeff says:

    “The music industry wants ISPs to spy on and police users for copyright violations!”

    Of course they do. They probably want dry water and a pony too.

    They are just going to have to learn to live with disappointment.

  6. ethanol says:

    I am completely against illegal file sharing, but this has gotten ridiculous! Tell these idiots to get a clue. This country is supposed to be about freedom and nowhere in the Constitution or Bill of Rights are the rights of corporations identified, it is all about the rights of individuals. ARGH!

  7. Fred Flint says:

    By extension, wouldn’t this reasoning make the big telephone companies liable for all the tens of thousands of telemarketing scams done over the telephone every day of the week?

    If so, it would almost be worth seeing the ISPs get sued. I always thought the telephone companies were guilty of being accessories before and after the fact of telemarketing fraud.

  8. Improbus says:

    I am sure the ISPs do not want to lose their “common carrier” status. It would open them up to to much liability. They will fight this crap tooth and nail.

  9. Jim says:

    what kind of overhead would this add to the system? i mean, if they were checking everyone’s data, wouldn’t that bog things down a bit?

  10. Mike Voice says:

    1. Can ISP’s really tell that you are sharing music online.

    They can tell that you are using a file-sharing program, by using packet inspection to check the headers on the packets.

    They can try to determine the contents of the packets by using deep packet inspection (DPI).

    http://en.wikipedia.org/wiki/Deep_packet_inspection

    DPI allows phone and cable companies to “readily know the packets of information you are receiving online–from e-mail, to websites, to sharing of music, video and software downloads” – as would a network analysis tool.

    DPI capability is built into all modern switching/routing gear – which is what would allow ISPs to implement their dream of “tiered services”.

    http://en.wikipedia.org/wiki/Network_neutrality

    Telecom companies (who currently profit by providing access to the full Internet) have proposed segregating certain “high priority” traffic according to a “tiered services” (TS) model, which they claim will allow them to provide advanced functionality and higher quality for customers.

  11. Rick says:

    #2 – what I’d like to see is some major lawsuit against anyone who assumed they could and got it wrong…

  12. Mr. Fusion says:

    #2, A very important question. The answer of course would open the gates to a whole series of secondary questions about privacy. I’m sure most people don’t want their ISP checking to see if their favorite porn site is downloading copyrighted material.

  13. Joe says:

    MAN! this stuff gets me so agrivated. Especally since alot of folks are on the WRONG side on this one. Yes, stealing is wrong (kind of), and pirating only hurts the little guys (and if u belive that one im Jess Jackson) But heres how i view the issue: Long time ago, record companies did people a great service, they would find good music and they would make many many copies available to people all over, how nobel! And they deserved your money. However, they are currently not finding much good music (unless ur into KRUNK); ive been playing my beatles collection alot lately. And MOST IMPORTANLY their main function, making quality reporodutions of music, is obsolete. Anyone with a computer can make a zillion lossless copies of a record for next to nothing and get this, they can even distribute it themselves by the global network know as the internet, SO as i see it record copmanies are absolitly obsolete and there is a big change comin round the bend for the music industry and they just want to keep getting their money. But, they will not win. The wizzards of the internet will keep the music free baby!

  14. Scott Gant says:

    A line from Blazing Saddles comes to mind whenever I think of the RIAA executives having a meeting about the Internet being used as a file distribution system:

    “We’ve gotta protect our phoney baloney jobs, gentlemen!”

    Artists direct to listeners…cut out the unneeded middleman altogether. It’s over guys, pick another profession. Your days of raking in the big bucks while standing on the backs of your talent are over. Finally, welcome to the real world.

  15. Gary Marks says:

    As I understand it (no admission of participation), this type of policing could be very difficult for an ISP to accomplish. As Mike Voice #10 points out, they can do Deep Packet Inspection (DPI) to find those people sharing files, but it seems like it would take a high level of reconstruction and analysis of the finished files to make an accurate determination that they are copyrighted files, the critical question raised by SN #2. I’ve heard that the file names and tags alone can often be inaccurate. ISPs don’t want to store packets to reconstruct and anylyze later — they simply want to relay them and be done with it.

    I predict that the music industry’s “Plan B” will consist of internment camps for all file sharers who can’t prove that the files they shared were not copyrighted 😉

  16. Mike Novick says:

    Can we first get ISPs to shut down spammers?

  17. ECA says:

    15, AGREED…and the Advertisers…And a few others…

  18. Mike T says:

    Just last week the FDA cracked down on some companies that were selling these miracle weight lose drugs on TV. By the same token, they should go after all the networks and cable companies that ever broadcasted this info. After all…they were transmitting illegal information.

    Mike T


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