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.

Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA)

http://news.cnet.com/posts/?keyword=stop+online+piracy+act

http://news.cnet.com/8301-31001_3-57362677-261/senate-vote-on-pipa-is-postponed/

http://www.engadget.com/2012/01/19/federal-prosecutors-shut-down-megaupload-file-sharing-site-foun

“…calling Megaupload an “international organized criminal enterprise allegedly responsible for massive worldwide online piracy,” and alleging that Megaupload founder Kim Dotcom et al generated more than $175 million in “criminal proceeds.” Those charges also come with some potentially hefty prison sentences, including a maximum 20 years for conspiracy to commit racketeering, five years for copyright infringement, 20 years for money laundering, and five years for each of the substantive charges of criminal copyright infringement.”

Conclusion

The U.S. should solve the Internet piracy dilemma due to job loss, government tax loss and music industry revenue loss by implementing additional provisions regarding ISPs responsibility. However, civil rights endorse personal privacy of every individuals. In order to avoid privacy violations, the ISPs might need to build a software program that would detect only music downloading actions. Music companies should also need to support ISPs companies by offer them some financial incentives. That might be to give the ISPs a certain percentage of total fine they impose upon violators. This action would alleviate the accountability burden that recording companies put on the ISPs. Neutralizing two major negatives of the legislative implementation proposal will make this plan more viable.

Outline

             

Executive Summary

I.          Introduction

II.        Methodology

II.        The Online Pirates

A.        Defining Online Music Piracy

B.        Internet Service Providers position

IV.       Findings

A.        Business Impact of Online Music Piracy

B.        The Thriving of File-Sharing Networks

1.         International Nature of File-sharing Community

2.         Sweden the Pirate Bay

3.         Uploading Community

C.        Legal environment

1.         The United States Copyright Law

2.         The South Korea Case

D.        The Failure of Current Methods against Music Piracy

1.         Litigation against Individuals and File-sharing Sites

2.         Other Preventive Approaches

E.         The Free Psychology of Music Consumers

V.        Final Analysis

A.        Pursue a Legislative Implementation

B.        Assign a New Government Agency

C.        Adopt a Music Tax Approach

D.        Do Nothing

Conclusion

References


Internet Service Providers

Almost everyone now uses the Internet. To use the Internet, people need to open an account or subscribe to the Internet Service Providers (ISPs).

Basically, ISP is a company that supplies Internet connectivity to everyone that wants to access the Internet. However, some ISPs also provide different service to their customers. Verizon and AT&T only sell service for Internet connectivity to the public, later on this ISP type will be mentioned as ISP1. Other ISPs, such as Iweb and Amhosting provide service to set and fully manage a computer server for customers, later on this ISP type will be mentioned as ISP2. Computer server is a computer that is used to create a website for company, business, or personal use. Computer server can also be used for database, game server, etc. There are also ISPs that only rent the server to public without manage the server, so the responsibility to manage the server belongs to customer. From this point, this type of ISP will be mentioned as ISP3.

Online music piracy all started from these three types of ISP. To create a website, people need a server and Internet connectivity to make the website be up and running. People with lack knowledge to manage a server would rent a server from ISP2, but someone with a good information technology skill would rent a server from ISP3.

Music companies think that the ISPs have the most important position to prevent and decrease online music piracy. ISP1 should check what the customers use the Internet connection for and cut customers’ Internet connection whenever they use the connection for online music piracy. ISP2 and ISP3 should not rent servers to anyone that want to build website or database for facilitating online music piracy.

On the other hand, the ISPs think that online music piracy is not their responsibility. The ISPs only provide service to their customers and do not break any law. The ISPs’ concern is only to provide good service to customers and generate more profits (Fildes, 2007).

The only one that can ask the ISPs contribution and prevent online music piracy is the government. Right now, all these ISPs are currently working together with the government to prevent and decrease online music piracy. For example, India government has commanded India’s ISP1 to block Pirate Bay to be accessed in India (TechZilo, 2011). The U.S. government has also asked ISP2 and ISP3 to shut down several servers, such as Limewire, Movies-Links.tv, and Rmx4u.

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