Post by Tony on Jan 28, 2006 17:11:37 GMT
UK courts rule filesharers liable in landmark legal cases : 27:1:2006
> Norfolk man must make £5,000 ‘down-payment’ on costs and damages
> Brighton man must pay £1,500
> Fifty-one UK filesharers urged to settle cases or face costly court action
UK record companies' trade association the BPI has announced two landmark legal rulings against illegal filesharers.
Courts have ruled that a father of two from Brighton and a man from King's Lynn are liable for illegally distributing music over the internet using peer-to-peer filesharing programmes.
These cases, the first of their kind to be heard in the British courts, have both been found in the BPI's favour. The BPI has opted not to name the pair.
Both individuals were ordered to stop filesharing illegally, and now face bills for costs and damages that run into thousands of pounds.
BPI chairman Peter Jamieson said, “The courts have spoken and their verdict is unequivocal: unauthorised filesharing is against the law. We have long said that unauthorised filesharing is damaging the music industry and stealing the future of artists and the people who invest in them. Here is clear confirmation of what we also said – that unauthorised filesharing is illegal.”
The man from King's Lynn was identified in the BPI's second tranche of legal cases in April 2005. The BPI issued proceedings last August after he failed to reach a settlement.
His defence, that the BPI had no direct evidence of infringement, was rejected by the High Court and summary judgment was granted to the BPI without the need for a trial. He has been ordered to make an immediate payment of £5,000. Total costs are estimated at £13,500 and damages are expected to take the bill even higher.
The father of two, a postman from Brighton, sought to defend the case against him on the grounds that he was unaware that what he was doing was illegal and did not seek to gain financially.
His case was also thrown out of court, with Judge Justice Lawrence Collins declaring, "Ignorance is not a defence." The defendant was ordered to make an immediate payment of £1,500, pending final determination of costs and damages.
The BPI has settled the majority of the 139 legal cases it has launched against individual filesharers since October 2004, with some paying up to £6,500 to avoid a court case.
Fifty-one UK filesharers urged to settle cases or face costly court action
The BPI is currently seeking settlements in a further 51 cases launched last December. The filesharers, from the length and breadth of the UK, have been given a deadline of January 31 to settle cases and avoid costly court action.
BPI General Counsel Roz Groome said: "We have been very patient litigators. We have given these people every opportunity to settle. Only when they refused to settle did we take them to court, which has now found in our favour. These rulings are a massive step forward in the music industry's bid to fight illegal filesharing.
“We would warn anyone else tempted to illegally upload and download music to cease immediately. The legal penalties can be significant.”
The BPI’s announcement comes just days after Government representative Huw Irranca-Davies MP labelled illegal filesharers “unscrupulous” and “misguided”.
Speaking at Midem, the international music industry convention, Irranca-Davies, Parliamentary Private Secretary to Culture Secretary the Rt Hon Tessa Jowell MP, said, "The digital revolution presents challenges as well as opportunities. It provides new and cost-efficient business models for reaching consumers and marketing product.
"But it also provides the unscrupulous, and the misguided, with the ability to distribute music illegally on a massive scale."
< ENDS >
For further information contact the BPI press office on 020 7803 1395 or Matt Phillips on 07739 514963.
Editors Notes
About the BPI and Filesharing
The BPI is the British record industry's trade association. We have represented the interests of British record companies since being formally incorporated in 1973 when our principal aim was to fight the growing problem of music piracy.
Since then our membership has swelled to comprise more than 360 companies including all four major record companies, associate members such as manufacturers and distributors plus hundreds of independent music companies representing literally thousands of labels which together account for over 90% of recorded music output in the UK.
Our members provide the overwhelming majority of the multi-million pound investment in new music to the benefit of the wider music industry that employs around 125,000 people in the UK.
The BPI has spearheaded the music industry's campaign against illegal filesharing, which dramatically undermines our members' ability to invest in new music and has cost the UK record industry more than £650 million in lost sales in the last two years alone.
For more information on illegal filesharing, follow the link below:
www.bpi.co.uk/piracy/content_file_79.shtml
Frequently Asked Questions
What is filesharing?
Filesharing is the activity of trading digital files with other users over the internet. The most popular method is for the user to download software from the internet to gain access to a filesharing network.
When the software is in use, and the user’s connection to the internet is open, the filesharer can trade music files (by uploading or downloading) with others who are online.
Although the technology itself (also known as peer-to-peer, or p2p) offers potential for the development of legitimate services, the vast majority of songs currently available on file-sharing networks are being distributed illegally.
In this context, downloading is when an internet user obtains a digital music file from another filesharer. This involves making an unauthorised copy - contrary to Section 16 of the Copyright Designs and Patents Act (CDPA) 1988 - and is illegal.
The more serious activity of uploading is when an internet user allows other internet users access to their digital music files. Uploading runs contrary to Section 20 of the CDPA and is unlawful regardless of whether or not the music was acquired legally or illegally.
Dozens of UK internet users have already paid out thousands of pounds after admitting to uploading music illegally on the internet.
What happened to the other cases you took to court last year?
The High Court has not yet released these individuals' names and addresses. These cases are pending and we expect them to be resolved soon.
Does filesharing damage music sales?
The British singles market has more than halved since 1999, despite averaging around 70 million sales annually in the twenty-five years before then. In the same time, the global market has declined by around a quarter. TNS put the loss to the UK record industry at £650 million in the last two years alone.
On top of that, the overwhelming majority of independent research has confirmed that any promotional benefit derived from illegal p2p filesharing is outweighed by the loss of sales.
Is it true that giving away music for free online can promote an artist?
One of this biggest difficulties new and unsigned acts face is getting exposure for their music, and for years bands have given away promotional tapes and CDs to help establish a fanbase.
The arrival of the internet has enabled bands like the Arctic Monkeys, Nizlopi and the Goldie Lookin' Chain to be highly innovative in using the internet to build their fanbase before signing a record deal.
But crucially, it's up to the artist and label to give away their music for free or charge for it if they choose, and it's illegal to distribute other people's music without their permission.
Is it true that the BPI wants to criminalise filesharers?
No. Although there are relevant criminal provisions within the law, our intention at this stage is simply to bring action in the civil courts in order to discourage people from illegally filesharing.
Our strategy is clearly working and we believe that the threat of civil cases is currently achieving our primary aim of raising awareness and deterrence.
Is BPI litigation having an effect on illegal filesharers?
Yes. Much of the thinking behind litigation was to ensure that an expected boom in broadband served to drive legal sales rather than increase illegal filesharing.
Jupiter research released last week shows that 50% of those who have stopped filesharing cite legal action as a factor in deterrence. And although 5% of UK internet users still fileshare, 6% now download legally.
IFPI figures show that broadband penetration increased by 26% in the last 2 years; during which time UK download sales have topped 32 million (up 357% in the last year alone) and the overall number of illegal uploads has remained static.
Awareness of the illegally of filesharing is also far higher than it would have been had we not begun a programme of litigation; the threat of civil cases is clearly helping us to achieve our aim of deterrence.
What can parents do to avoid legal action?
The first thing to do is discuss the issue with your child and reassure yourself that they are not downloading music illegally.
Even if they may think they are only downloading a few tracks for free, they may in fact be using the home computer to distribute music to millions of people. It is this action that exposes parents to the most legal risk.
We urge anyone using the internet to get music to stick to legal services.
To find out more about p2p filesharing and the risks, visit www.childnet-int.org/music
To download free, easy to use, software that helps block or remove peer to peer software, visit www.ifpi.org/dfc
For a list of legal services available to UK consumers, visit www.pro-music.org or www.bpi.co.uk/piracy/content_file_306.shtml
For more information on the BPI's action against illegal filesharing visit www.bpi.co.uk/piracy/content_file_79.shtml
> Norfolk man must make £5,000 ‘down-payment’ on costs and damages
> Brighton man must pay £1,500
> Fifty-one UK filesharers urged to settle cases or face costly court action
UK record companies' trade association the BPI has announced two landmark legal rulings against illegal filesharers.
Courts have ruled that a father of two from Brighton and a man from King's Lynn are liable for illegally distributing music over the internet using peer-to-peer filesharing programmes.
These cases, the first of their kind to be heard in the British courts, have both been found in the BPI's favour. The BPI has opted not to name the pair.
Both individuals were ordered to stop filesharing illegally, and now face bills for costs and damages that run into thousands of pounds.
BPI chairman Peter Jamieson said, “The courts have spoken and their verdict is unequivocal: unauthorised filesharing is against the law. We have long said that unauthorised filesharing is damaging the music industry and stealing the future of artists and the people who invest in them. Here is clear confirmation of what we also said – that unauthorised filesharing is illegal.”
The man from King's Lynn was identified in the BPI's second tranche of legal cases in April 2005. The BPI issued proceedings last August after he failed to reach a settlement.
His defence, that the BPI had no direct evidence of infringement, was rejected by the High Court and summary judgment was granted to the BPI without the need for a trial. He has been ordered to make an immediate payment of £5,000. Total costs are estimated at £13,500 and damages are expected to take the bill even higher.
The father of two, a postman from Brighton, sought to defend the case against him on the grounds that he was unaware that what he was doing was illegal and did not seek to gain financially.
His case was also thrown out of court, with Judge Justice Lawrence Collins declaring, "Ignorance is not a defence." The defendant was ordered to make an immediate payment of £1,500, pending final determination of costs and damages.
The BPI has settled the majority of the 139 legal cases it has launched against individual filesharers since October 2004, with some paying up to £6,500 to avoid a court case.
Fifty-one UK filesharers urged to settle cases or face costly court action
The BPI is currently seeking settlements in a further 51 cases launched last December. The filesharers, from the length and breadth of the UK, have been given a deadline of January 31 to settle cases and avoid costly court action.
BPI General Counsel Roz Groome said: "We have been very patient litigators. We have given these people every opportunity to settle. Only when they refused to settle did we take them to court, which has now found in our favour. These rulings are a massive step forward in the music industry's bid to fight illegal filesharing.
“We would warn anyone else tempted to illegally upload and download music to cease immediately. The legal penalties can be significant.”
The BPI’s announcement comes just days after Government representative Huw Irranca-Davies MP labelled illegal filesharers “unscrupulous” and “misguided”.
Speaking at Midem, the international music industry convention, Irranca-Davies, Parliamentary Private Secretary to Culture Secretary the Rt Hon Tessa Jowell MP, said, "The digital revolution presents challenges as well as opportunities. It provides new and cost-efficient business models for reaching consumers and marketing product.
"But it also provides the unscrupulous, and the misguided, with the ability to distribute music illegally on a massive scale."
< ENDS >
For further information contact the BPI press office on 020 7803 1395 or Matt Phillips on 07739 514963.
Editors Notes
About the BPI and Filesharing
The BPI is the British record industry's trade association. We have represented the interests of British record companies since being formally incorporated in 1973 when our principal aim was to fight the growing problem of music piracy.
Since then our membership has swelled to comprise more than 360 companies including all four major record companies, associate members such as manufacturers and distributors plus hundreds of independent music companies representing literally thousands of labels which together account for over 90% of recorded music output in the UK.
Our members provide the overwhelming majority of the multi-million pound investment in new music to the benefit of the wider music industry that employs around 125,000 people in the UK.
The BPI has spearheaded the music industry's campaign against illegal filesharing, which dramatically undermines our members' ability to invest in new music and has cost the UK record industry more than £650 million in lost sales in the last two years alone.
For more information on illegal filesharing, follow the link below:
www.bpi.co.uk/piracy/content_file_79.shtml
Frequently Asked Questions
What is filesharing?
Filesharing is the activity of trading digital files with other users over the internet. The most popular method is for the user to download software from the internet to gain access to a filesharing network.
When the software is in use, and the user’s connection to the internet is open, the filesharer can trade music files (by uploading or downloading) with others who are online.
Although the technology itself (also known as peer-to-peer, or p2p) offers potential for the development of legitimate services, the vast majority of songs currently available on file-sharing networks are being distributed illegally.
In this context, downloading is when an internet user obtains a digital music file from another filesharer. This involves making an unauthorised copy - contrary to Section 16 of the Copyright Designs and Patents Act (CDPA) 1988 - and is illegal.
The more serious activity of uploading is when an internet user allows other internet users access to their digital music files. Uploading runs contrary to Section 20 of the CDPA and is unlawful regardless of whether or not the music was acquired legally or illegally.
Dozens of UK internet users have already paid out thousands of pounds after admitting to uploading music illegally on the internet.
What happened to the other cases you took to court last year?
The High Court has not yet released these individuals' names and addresses. These cases are pending and we expect them to be resolved soon.
Does filesharing damage music sales?
The British singles market has more than halved since 1999, despite averaging around 70 million sales annually in the twenty-five years before then. In the same time, the global market has declined by around a quarter. TNS put the loss to the UK record industry at £650 million in the last two years alone.
On top of that, the overwhelming majority of independent research has confirmed that any promotional benefit derived from illegal p2p filesharing is outweighed by the loss of sales.
Is it true that giving away music for free online can promote an artist?
One of this biggest difficulties new and unsigned acts face is getting exposure for their music, and for years bands have given away promotional tapes and CDs to help establish a fanbase.
The arrival of the internet has enabled bands like the Arctic Monkeys, Nizlopi and the Goldie Lookin' Chain to be highly innovative in using the internet to build their fanbase before signing a record deal.
But crucially, it's up to the artist and label to give away their music for free or charge for it if they choose, and it's illegal to distribute other people's music without their permission.
Is it true that the BPI wants to criminalise filesharers?
No. Although there are relevant criminal provisions within the law, our intention at this stage is simply to bring action in the civil courts in order to discourage people from illegally filesharing.
Our strategy is clearly working and we believe that the threat of civil cases is currently achieving our primary aim of raising awareness and deterrence.
Is BPI litigation having an effect on illegal filesharers?
Yes. Much of the thinking behind litigation was to ensure that an expected boom in broadband served to drive legal sales rather than increase illegal filesharing.
Jupiter research released last week shows that 50% of those who have stopped filesharing cite legal action as a factor in deterrence. And although 5% of UK internet users still fileshare, 6% now download legally.
IFPI figures show that broadband penetration increased by 26% in the last 2 years; during which time UK download sales have topped 32 million (up 357% in the last year alone) and the overall number of illegal uploads has remained static.
Awareness of the illegally of filesharing is also far higher than it would have been had we not begun a programme of litigation; the threat of civil cases is clearly helping us to achieve our aim of deterrence.
What can parents do to avoid legal action?
The first thing to do is discuss the issue with your child and reassure yourself that they are not downloading music illegally.
Even if they may think they are only downloading a few tracks for free, they may in fact be using the home computer to distribute music to millions of people. It is this action that exposes parents to the most legal risk.
We urge anyone using the internet to get music to stick to legal services.
To find out more about p2p filesharing and the risks, visit www.childnet-int.org/music
To download free, easy to use, software that helps block or remove peer to peer software, visit www.ifpi.org/dfc
For a list of legal services available to UK consumers, visit www.pro-music.org or www.bpi.co.uk/piracy/content_file_306.shtml
For more information on the BPI's action against illegal filesharing visit www.bpi.co.uk/piracy/content_file_79.shtml
