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Courts, Intellectual Property

Friday, December 19, 2008

The Recording Industry Association of America will drop its campaign of lawsuits against people allegedly sharing music online illegally, according to the Wall Street Journal. Instead, the trade group for major music labels said it will try to rely on Internet service providers to make a dent in file-sharing through graduated responses. The RIAA said it has arrived at preliminary agreements with ISPs under which it will send an e-mail to the provider when it finds a provider's customers making music available online for others to take, the newspaper reported. The RIAA does, however, plan on continuing with outstanding lawsuits.

RIAA Chairman Mitch Bainwol believes the new strategy will reach more people, which itself is a deterrent. "Part of the issue with infringement is for people to be aware that their actions are not anonymous," he told the newspaper, noting that the marketplace has changed in recent years. Litigation was successful in raising public awareness that file-sharing is illegal, but now he wants to try a strategy he thinks could be more successful. Public Knowledge President Gigi Sohn lauded the news but noted RIAA's work with ISPs must ensure "customers are not cut off from their Internet service or have their service altered solely on the basis of a claim by a copyright holder that file-sharing is taking place."

Arts+Labs, a group backed by AT&T, Microsoft, NBC Universal, Viacom and others said it was encouraged by the RIAA's focus on "creative, positive and collaborative approaches to promote safe and legal ways for artists and their fans to use the Internet to share music." "Consumers' enthusiastic response to the growing number of Web sites and other online sources that provide legal access to original, high-quality video and music shows that creators, technologists and consumers can all thrive in the Internet ecosystem," the coalition said.

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