More, yes more, on P2P type stuff. That Recording Industry Association Of America is proposing a new system to US internet service providers regarding its ongoing legal assault on individuals who share copyright music via P2P networks.
As previously reported, a lot, the RIAA need the ISPs because their own tracking of file sharing online can only reveal the IP address of users who are illegally uploading or downloading copyright content - they need the ISP to then tell them the actual identity of the file sharer so they can launch legal proceedings against them. The ISPs have not been especially supportive of the RIAA in this regard, meaning that, for every file sharer they target, the trade association has to launch a 'John Doe' lawsuit first that forces the ISP to reveal the sharer's identity (assuming the RIAA can demonstrate to the court their concerns regarding activity on that user's IP address are legitimate). Initial claims by the RIAA that US copyright law forces ISPs to hand over that information without a 'John Doe' lawsuit were ultimately rejected by the courts.
The ISPs say they are cautious about handing over the identities of suspected file sharers because they have a duty to protect their customer's privacy. Past suggestions that ISPs could confidentially forward on legal letters to customers who are suspected of file sharing have also generally been knocked back, with the internet companies wary of getting involved in out of court legal negotiations between record labels and their customers.
But the latest proposal from the RIAA suggests the ISP should act as middle men in that way, because if they did so they could save their customers money in any legal settlement. That is to say the trade body would be willing to settle with individuals who admit to file sharing before court action at a lower compensation rate, because the RIAA would avoid the cost and hassle of a 'John Doe' lawsuit. A letter from the RIAA to an ISP published by Digital Music News explains: "An early notification will give your customer the opportunity to settle any claims before a suit is filed against them at a reduced rate (discounts of $1000 or more)".
However, the Electronic Frontier Foundation, the most proactive opponents to the RIAA's litigation campaign, have hit out at the new proposals, with EFF attorney Cindy Cohn telling reporters: "Before the RIAA has even verified that the user is correctly identified, it wants ISPs to send along a note saying the user might be sued and can already settle potential claims. At the same time, the RIAA scolds ISPs for giving information to their customers that could help provide sound legal counsel".