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Back to: Archive · 2004

From the NME, cover date 16 October 2004.



British filesharers are facing huge fines after the BPI launched its first wave of lawsuits last week and it had warned there'll be more before the end of the year.


After months of threats, the organisation announced it was suing 28 "major filesharers" it suspects of uploading music onto the internet. As NME went to press the BPI was in the process of using the courts to identify the owners of the internet addresses of the alleged illegal filesharers. Once identified, those targeted will be sent a letter telling them of the legal proceedings, and inviting them to settle the case. However, that process could take weeks - so you could be facing legal action and not yet know it.


Those subject to action include users of Kazaa, iMesh, Grokster, BearShare and WinMX. The BPI claim that 15 per cent of filesharers are responsible for 75 per cent of illegal downloading, and that 16.5 per cent of the UK population admit they've downloaded music for free at some point.


BPI chairman Peter Jamieson said: "These are not people casually downloading the odd track. They are uploading music on a massive scale, effectively stealing the livelihoods of thousands of artists and the people who invest in them.


"We have resisted legal action as long as we could. But we would be derelict in our duty to protect and promote British music were we not to take action to demonstrate that this activity is illegal and harmful in every aspect of the creative British music industry. We believe we have no alternative other than to enforce our rights through the courts."


However, the legal action was not universally welcomed across the UK music business. One senior industry source, who wished to remain anonymous, told NME: "It's looking ugly, and quite tricky. I hope people realise that the whole industry isn't behind this action, because not all the labels agree."


Blur's Dave Rowntree was more outspoken. He believes the BPI will face obstacles, and said: "The BPI have announced civil action, haven't they? So for that to succeed they're going to have to demonstrate the record industry has suffered a loss with regard to downloading. But, as the evidence points to the fact that downloading - including illegal downloading - actually helps record sales, that's going to be a hard argument to win in a court.


"The BPI are scared the industry's going down the toilet and pointing the finger at downloaders," he continued. "This will certainly polarise opinion."


However, Jamieson told NME that despite the costs involved, filesharers will continue to be targeted, and this is only the beginning of the action. More internet users will be facing the courts before the end of the year.


He said: "We're not trying to put people in jail, we're not doing it to make money, we're doing this to demonstrate it's the wrong thing to do and publicise the legal services."


He said that he'd prefer to settle the cases before they reach courts, a sentiment echoed by BPI spokesman Matt Philips. He added: "We don't expect to wipe out the problem but we're sending out a message. There's lots of legal services out there so there's no excuse for illegally filesharing any more."