Pursuing a Legislative Approach

Like in Korea, American legislators might need to endorse a bill that requires ISPs to send warnings to Internet users every time they are found to violate the copyright laws. After three offenses, their Internet should be cut off. Besides, users would need to pay a fine or additional fee if they want to resume the Internet services. These fees then go directly to the artists or recording label companies.

There are definitely many positives to increase ISPs accountability. It makes sense for ISPs to be burdened with the enforcement and payment to music companies. The online black market for music is so pervasive that some estimate that it accounts for 95 percent of Internet traffic in the night hours (Castle at al., 2008). Hence, it is less likely that recording companies would be able to do anything unless ISPs are fully cooperated. Besides, since ISPs serve as the medium and benefactor for the increase in the Internet use, it seems feasible that the violators pay the ISPs for their illegal music downloading.

Some negatives would exist for ISPs cooperation. The cost sustained by ISPs is estimated to be significant (Seidenberg, 2010). High cost will be a deterrent for ISPs to participate willfully and would suggest they lobby against requiring them to do anything and increasing their liability. Another problem with having ISPs charge a fee is that the actual payment and royalty fees would be hard to assess.


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