ONLINE PIRACY
facilitate copyright infringement—and that is not acceptable.”
Te third reason, Rendle says, is that blocking can form part of a multi-faceted approach to tackling piracy. Blocking file-sharing sites is but one way of tracking down the pirates. Another is to target individuals who are known to have downloaded illegally; another might be to lobby governments to shut down the sites. History tells us, however, that this game of ‘whack a mole’ has not been particularly effective, as website owners can easily move their operations to different locations.
Te IFPI certainly has a broad-ranging anti- piracy strategy, that Rendle alludes to. Its Internet Anti-Piracy Unit works with its member record companies to target and remove pre-release leaks, wherever they appear on the Internet. It is also engaged in a high volume notice and takedown programme for its major and independent record company members, removing more than 15 million links last year.
“In appropriate cases, the IFPI pursues criminal complaints or litigation against those that have built businesses by abusing its members’ rights,” says Oliver. “Te IFPI also works with Internet intermediaries, such as payment providers
“THE MUSIC, FILM AND PUBLISHING INDUSTRIES ARE CAUGHT IN A ‘PIRACY NARRATIVE’. THEY’VE GONE SO FAR DOWN A PARTICULAR ROUTE THAT IT’S DIFFICULT TO COME BACK.”
for the websites to exist. Tey are businesses, the servers probably cost a lot of money to maintain and there are other costs involved,” he says. “So taking practical measures to reduce the revenue stream seems to be a significant tool that can be used outside the legal remedies.”
Te debate about blocking is merely one part of a wider conversation between the creative industry and consumers. On the one hand, rights owners must be rewarded for their work. On the other, consumers argue they are charged extortionate sums for music and movies. As the debate continues, rights owners will have to find new ways of encouraging consumers to pay, and not steal. Te success of online music service Spotify and Internet radio ‘cloudcaster’ Mixcloud may give both sides hope.
and search engines, to try to combat the illegal business models of unlicensed sites.”
Rendle adds that convincing these ‘bystanders’— the advertisers, and intermediaries such as PayPal—that they are supporting an unlawful enterprise becomes easier once court orders are in place. “Take the money away and it is more difficult
But while it seems that whichever country you’re in can determine how effective you believe blocking to be, one thing is for sure—there are hundreds of ways around the systems. In an age when the Internet is supremely powerful, and ordinary users can quickly learn how to access sites such as Te Pirate Bay, rights owners have their work cut out. Judging by their recent approach forcing ISPs into action, however, they won’t be giving in too easily. n
www.worldipreview.com
Trademarks Brands and the Internet Volume 1, Issue 3
17
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