Labels Love ISPs Disconnecting File-Sharers, but Who'll Pay for Lawsuits?

ISPs want record industry to be responsible for lawsuits brought by individuals unfairly targeted in P2P crackdown.

The UK government is expected within coming weeks to propose legislation that would require ISPs to send notices to subscribers using their accounts for illegal file-sharing, and then dole out suspensions or terminations for repeated abuses.

The British Phonographic Industry(BPI), a record industry trade group, has praised the measure repeatedly and points to the recent adoption of similar anti-piracy strategies in France, where ISPs are now required to shut off access to those who use file-sharing networks to illegally acquire copyrighted content.

"We simply want ISPs to advise customers if their account is being used to distribute music illegally, and then, if the advice is ignored, enforce their own terms and conditions about abuse of the account," said BPI CEO Geoff Taylor, adding that illegal downloading "costs the music business hundreds of millions of pounds a year."

Other music industry trade groups, namely the much-despised IFP, also praise the efforts.

"The tide of opinion is flowing in favour of ISP responsibility," said John Kennedy, chairman and CEO of the International Federation of the Phonographic Industry (IFPI).



"The UK joins France in providing international leadership on this issue. ISP cooperation has been the top priority for the recording industry for the last three years."

"ISPs are the gatekeepers of the internet and it is feasible and reasonable for them to take steps against widespread copyright infringement."

Yet, for all this rhetoric, what about solidarity in the face of litigation challenging these plans to "disconnect" file-sharers? The Internet Service Providers Association(ISPA) is rightly afraid that they and they alone will have to weather the costly expense of litigating cases brought against them by individuals claiming to have been unfairly targeted.

The ISPA recently told UK's The Register that it's "...worried about the cost to its members if users targeted by rights holders for copyright infringement turn out to be innocent."

"We still need to establish the proof points," a spokesman said.

The BPI has yet to make a commitment on the issue, and so far only repeats its desire to have ISPs simply enforce its "own terms and conditions." To me this means that ISPs are on their own.

"We simply want ISPs to advise customers if their account is being used to distribute music illegally, and then, if the advice is ignored, enforce their own terms and conditions about abuse of the account," said Taylor.

As usual, the record industry seemingly wants to have its cake and eat it too.