Do we want ISPs to penalise our fans?

The record industry wants ISPs to take action against unauthorised downloaders – but fans are the wrong target

by Billy Bragg

Having failed miserably in previous attempts to stamp out illicit filesharing, the record industry has now joined forces with other entertainment lobby groups to demand that the government takes action to protect their business model.

Speaking at a joint meeting of the Federation of Entertainment Unions, UK Film Council and Bafta on the future of the creative industries last week, the chairman of the British Phonographic Industry called on the government to take seriously the argument that, in the face of illicit file-sharing, a "write and sue" policy will not be effective, to introduce legislation requiring ISPs to act against persistent unauthorised downloaders and to recognise that the music industry has already transformed its business models online.

Not for the first time, we at the Featured Artist Coalition are forced to question whether the record industry is representing the best interests of artists in calling for such measures.

Stating that a "write and sue" policy will not work is an admission that the current copyright law is no longer fit for purpose in a digital age. The government has pointed out to the BPI that if it wants to crack down on unauthorised file-sharing, the law is already on its side. Fearful of the prospect of dragging their customers though the courts, with all the attendant costs and bad publicity, members of the record industry have come up with a simple, cost-free solution to their problem: get the ISPs to do their dirty work for them. They are asking the government to force the ISPs to cut off the broadband connection of customers who persistently download unauthorised material, without any recourse to appeal in the courts.

Never mind that this is a shameful attempt to pass responsibility on to another sector of industry, the question remains whether or not such measures will have the desired effect. Technology has so far stayed ahead of enforcement. Any unauthorised filesharers who fear being caught out can simply encrypt their exchanges.

Even if this proposal should become law, as recording artists we question the wisdom of pursuing and penalising our potential audience. The people who are doing the most damage to our industry are not the music fans swapping files for no commercial gain – it's the sites that are making money without paying for content that are really ripping us off.

http://www.guardian.co.uk/commentisfree/2009/may/18/billy-bragg-copyright-music-internet