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Music Biz Pushes Piracy Blame To ISPs; Digital Sales Up 40 Percent

We said in December the music industry would this year start to shift blame for piracy on to ISPs.  As of today - and buoyed by recent similar French moves - the business is going after access providers in a big way.

paidContent.org Robert Andrews

Context & Ripple Effects

The industry had already framed unauthorized copying as a problem to be stopped in its 2006 campaign against “music cheats”. The 2008 report changes the enforcement target: with digital sales reported up 40 percent, record companies are pairing evidence of online demand with pressure on the access providers that carry file-sharing traffic.

First-order effects

  • Internet service providers become the music industry’s immediate enforcement counterpart, rather than merely the network used by alleged infringers.
  • Record labels can present rising digital sales as support for protecting a growing legitimate download market while escalating their anti-piracy campaign.

Second-order effects

  • ISPs face pressure to choose whether to absorb copyright-enforcement demands, negotiate cooperative measures with labels, or resist taking on policing responsibilities.
  • Digital music sellers gain a stronger industry argument that anti-piracy enforcement and paid digital distribution should be pursued together.

Third-order effects

  • If labels continue shifting responsibility from individual users to network operators, copyright enforcement will increasingly be contested at the infrastructure layer rather than solely through action against alleged infringers.

The trend: Music copyright strategy is moving from pursuing individual file-sharers toward making internet access providers accountable for enforcement.