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Virgin Media will write to thousands of customers informing them of that they are breaking the law if they download unlicensed content. Customer accounts which appear to have been used to distribute music in breach of copyright will receive separate letters from Virgin Media and the BPI. However, both emphasised that customer names and addresses would not be disclosed to the BPI and that the campaign is educational not aggressive.
Virgin Media will write to thousands of customers informing them of that they are breaking the law if they download unlicensed content. Customer accounts which appear to have been used to distribute music in breach of copyright will receive two separate letters from Virgin Media and the BPI. However, both emphasised that customer names and addresses would not be disclosed to the BPI, and that the campaign is educational not aggressive.
According to Jupiter Research, there are an estimated 6.5 million who illegally download content from peer-to-peer sites and it is this group that the BPI wants to target.
Speaking to NMK, a Virgin Media spokesperson was keen to stress that their role in the campaign was to educate, not prosecute.
"As a responsible ISP, we recognise that unauthorised file-sharing is a serious issue. We believe that by educating our customers, we can help them to enjoy music online without the risks associated with downloading from unofficial sources.
"We don't track file-sharing in any way. The BPI, as representatives of music rights holders, detect the unauthorised sharing of music files and inform us. We use the IP addresses they provide to identify a customer, but we don't pass those details on to the BPI. Instead, to maintain the privacy of our customers, we write to them to inform them of how their account has been used, enclosing a letter from the BPI.
"Suspension or disconnection is not a consideration in this campaign - as a responsible ISP, our goal is to increase awareness of the issues around unauthorised sharing of music."
Research has shown that the majority of parents are unaware that their child could be breaking the law by downloading content from the Web. Virgin Media's educational programme will provide links to legitimate sources of on-line music and information on the dangers of downloading files from unauthorised sources.
As the competition in the home broadband market grows, it could be seen as conflicting with the demands of its customers. However, it has not gone unnoticed that bodies, such as the BPI have threatened to take broadband service providers to court in the past for failing to regulate illegal downloading.
Geoff Taylor restated that the aim of the campaign was to inform.
"Education is absolutely key to reducing the extent of illegal downloading, and we are pleased to be working with Virgin Media on this campaign. We believe that new partnerships with ISPs can help build an Internet in which music is properly valued. That will benefit not just musicians, songwriters and labels, but all Internet users who love music. This joint campaign with Virgin Media is the first step towards achieving that goal," he said.
"The terms and conditions for Virgin Media state that people cannot use Internet for anything illegal, and their users do agree to being monitored," said Cliff Fluet of law firm, Lewis Silkin.
"Critics of this strategy claim that instead of penalising ISPs, the music industry should be striking deals with P2P sites. There is a legitimate market for unlimited consumption, or an 'all-you-can-eat' model such as Nokia's new "Comes with Music" service. However the music industry is wary of seeking to legitimise these services by striking such deals, but Napster became legal in the end.
"However, some ISPs who are also content owners (such as Virgin Media) may have a vested interest in encouraging consumers to get content legally rather than illegally. Virgin Media offers content through Virgin Central, its on-demand player and movie channels, and it may prefer to encourage consumers to use these legal channels rather than have users download content for free. Some ISPs believe they cannot be held responsible for the actions of their customers, arguing it is analogous to car manufacturers being liable when their clients exceed the speed limits."
We7, the free legal music download site thinks it has found a solution to the issue. While bodies can not stop illegal file sharing they can still profit from giving away free content. The site attaches advertising to each song downloaded by users thereby subsidising the cost.
"The initiative between the BPI and Virgin Media is a valid one in trying to tackle a very difficult problem of piracy but there is always the continued danger of the music business alienating and punishing its consumers as a first point of call. This softer approach to the 'three strikes and you're out concept' is another example where the industry is becoming more constructive about the digital world and the opportunities it presents.
The good news is that the industry has moved a long way in a short time. The discussions we are having with many facets of the industry continue to change for the better. Giving me more optimism that the digital music world has an outstanding future; the more we accept, embrace and nurture new models which gives consumers what they want, the more all parties will win. For example, at We7 we have great music that you can stream or download for free based upon advertising footing the bill, this option is fair to all parties - fans get music free, advertisers get their audience, and artists and labels get their royalties." said Steve Purdham, CEO of We7.
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