RIAA To End Lawsuits
by Jeff | December 28, 2008 in [Everything Else | Comments Off

After years of rather ridiculous lawsuits against file sharers the RIAA has finally decided to stop suing common folk for downloading a few MP3s here and there. But… Before you hoist the Jolly Roger and head over to your favorite torrent site to begin downloading the last 20 years worth of music… It’s not quite that easy. They will still sue the worst offenders, but most will not fit that category. For the rest of the illegal file sharers what awaits will be a bit more effective, and is already generating quite a bit of controversy.
The new plan??? The ISPs (Internet Service Providers) will be required to police their users in order to determine whether illegal file sharing is occurring, and then supposedly the ISP will be required to send the user a warning to cease illegal activity or further action will be taken… The further action??? Offenders may be subject to bandwidth throttling (controlling the amount of bandwidth a user can access), or even deactivation of service. The idea is that the average Joe/Jane that is downloading an MP3 or movie here and there won’t be targeted (at least not at this point), but the fellow downloading hundreds of MP3s a week on a regular basis will be flagged, warned, and acted upon.
The most controversial aspect of the new plan has not officially been announced by RIAA at this point, but is circulating around the internet rumor mill is that the practice of blacklisting may occur. It is already understood that ISPs will be required to submit reports on illegal file sharers to RIAA, and it’s completely reasonable to think that RIAA could use this information to create a list of users that could be sent out to all ISPs thus a situation could arise where a person who was banned from one service may be on such a list and be refused service from other ISPs. Of course this is just a rumor at this point, but one could see how easy it would be to implement, and hey… It’s RIAA we are talking about here, so it’s not like it would be a far fetched move based on their previous actions.
Personally… I have mixed feelings about this, but mostly on the good side. It means if I decide to download an mp3 or two I don’t have to sit there with fear debating on whether clicking that download link is worth a lawsuit, and no more news stories about 13 year old Jimmy who has been arrested for illegal file sharing… This is good. Of course the flip side is that your ISP might mistake innocent activity as illegal file sharing thus putting you in jeopardy of losing your internet access. Of course I’m sure if it was truly mistaken activity one could easily call their ISP and straighten things out. On the other hand if blacklisting does occur then that could be a bad thing. While it’s usually not a big deal to straighten out a misunderstanding to an ISP you are already with it’s quite a bit harder to try to explain to a new ISP why your name is on a list of illegal file sharers, and on top of that to convince them to provide service anyway.
If implemented properly I could see this working well, and would allow RIAA to concentrate their activities on the really bad people like bootleggers and such rather than a housewife that downloaded an episode or two of Sex in the City that she missed. If implemented poorly it could be a lot more localized trouble for individuals.
And for those that will inevitably scream that ISPs policing their users will be an invasion of privacy… Well… Sorry to say it, but they have been doing that all along. Everything you do on the net shows up in the server logs of your ISP as well as every server you connect to while online, and it always has. The only difference now is that the ISP will be taking action directly rather than letting RIAA do it via lawsuits.

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