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Jolly Good Fellows with a Purpose

by David Michaelson, Echo Research.
 
2008 | 2007 | 2006 | 2005 | 2004

What the Papers Say


October 15, 2004
Legal action against music file sharers

Organisation: BPI


Click here for full-size graph

Analysis and commentary by Echo Research.

The British Phonographic Industry (BPI) wielded a double-edged sword as it announced legal actions against 'major uploaders' of its music. Prolific online pirates had been warned that their activity was 'illegal and harmful' via the group's automated messaging system. "We have resisted legal action … [and] done everything we can to raise awareness", asserted BPI chairman Peter Jamieson (Guardian, 8/10).

Legally, BPI stands on solid ground, the law taking a dim view of intellectual property infringements. The danger is that the accused may be hard-core music lovers, with a raft of legally-purchased merchandise or, worse, technically savvy children with a penchant for tunes on the net. "Illegal downloaders or music's best customers?"(netimperative.com, 8/10)

BPI executives are taking a calculated risk, with action based on anonymous IP addresses rather than names and run the risk of falling foul of "political correctness"(Times, 8/12) if minors emerge as the culprits. BPI claimed "we're not in it to win a popularity contest"(Silicon.com, 7/10), but with critics likening its tactics to "posturing and spitting like … schoolyard bullies"(Guardian, 8/10), perhaps it should accept that: "The rules have changed, guys"(Times, 8/10) and "nurtured the legal market instead of cracking down on the illegal one"(silicon.com, 7/10).

Messages Volume
Positive for BPI
BPI targeting hardcore "uploaders" 26
BPI - legal action against 28 people 24
BPI - warnings sent via instant messaging campaign (350,000 mess) 20
Piracy blamed for slump in singles / profits-hit 18
Damage to the livelihood of musicians / new artists 18
File-sharing activity - illegal and harmful 17
BPI action coincided with IFPI anti-piracy action 14
BPI - intends rolling programme of legal action 12
BPI - tried to raise awareness / resist action 12
BPI - duty to protect artists / promote UK music 12
Expectation of compensation for "stolen" music 11
Based on IP address - not political correctness 9
Negative for BPI
Legal action may target children (12 yr old in US) 17
Accused are music's best customers / music fans 13
Record labels are unpopular - backlash from fans 11
Legal action controversial / negative exposure 11
Explosion in legal downloading services 11
Slim chance of being caught / changing behaviour 9
First official download chart launched Sep 04 8
Action viewed as bully-boy / strong arm tactics 7
Downloads ensure the broadcast / exposure of music 7
No damage to CD sales as a result of file-sharing 7
Some bands support download of free songs 5
BPI stagnant / should have nurtured legal market 5

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