European RIAA-style anti-file swap lawsuits 'inevitable'

December 18, 2003

With the RIAA's success in significantly cutting back the number of US file sharers by suing individuals, the European music industry plan on
doing the same throughoutEurope. So far, only the RIAA have been using subpoenas to obtain offending user details to file lawsuits. This is set to change as the European's music industry's EUCD weapon has already been implemented across many European countries and they plan on making good use of it from next year by issuing subpoena's just like the RIAA.

The European music industry would like to start their action to be in time for the expected launch of new legal online music services by mid 2004. Their aim is to discourage users from free file swapping services and tempt them into using the new legal alternatives. According to NetRatings' figures, Kazaa
usage fell from 16 million users in March to 8.2 million users in October while 9.4 million Europeans have used also Kazaa in October.

Apple iTunes, Amazon and Napster are expected to launch their European service from early next year. So far, Apple's iTunes service has proven very successful in the US with over 25 million individual 99c tracks sold from its online store since its launch. GristyMcFisty submitted the following article from The Register via our news submit :

The European music industry plans to take the fight against Internet piracy right to the doors of file sharers with individually targeted lawsuits, the head of the International Federation of the Phonographic Industry (IFPI) sayes.

And the subpoenas could start flying next year.

Writing in the IFPI in-house magazine, organisation chairman and CEO Jay Berman says: "Lawsuits on a large scale have so far been restricted to the US; this 'fight back' will almost inevitably have to take place internationally as well."

Berman's piece outlines the industry's global Internet strategy for 2004, suggesting that the organisation has next year in mind for its legal assault.

Certainly 2004 is expected to see the European debut of Apple's iTunes Music Store and other legitimate music download services alongside OD2, currently Europe's only legal song supplier with major label back catalogue on offer.

In the US, the Recording Industry Ass. of America's legal action against individual file sharers began in June, a month after the launch of Apple's service. Since then, Nielsen/NetRatings figures cited by The Guardian newspaper suggest that US users visiting the Kazaa peer-to-peer network has almost halved from 16 million in March to 8.2 million in October.

Nielsen/NetRatings reckons that 9.4 million Europeans used the network that month.

It is not clear if the RIAA's tactics or the arrival of Napster, BuyMusic, MusicMatch and others alongside Apple have led to the decline. Kazaa's own policy of stamping on Kazaa Lite can't have helped.

But it is clear that Berman reckons both "resorting to law" and the arrival of legitimate services have paved the way for a reduction in illegal activity. With those services now coming to Europe, if he's right, then so must the legal action.

With the recent Kazaa Lite website closure and attacks by Sharman, one can no longer judge on wheather a Kazaa usage drop is caused by legal action or if the cause is due to users switching from Kazaa Lite to alternatives to avoid loading the offical adware packed Kazaa.

Finally, just because legal download systems are in place does not mean users are willing to use them. Quite a lot of consumers, particularly novice PC users are not keen on using their credit card online and this can be a big obstacle in getting users to switch. A voucher system may be the best alternative to attract users where one can purchase vouchers at a local music shop or possibly at larger supermarkets or newsagents to buy music online without a credit card. Then again, there are many who have decided to give up buying music altogether in an aim to boycott the music industry or wait for price cuts.

Discuss and read more about file sharing and legal download services on our Music Downloads, P2P & Legal Issues Forum.

Source: The Register