Appearing to debunk the common belief that filesharers spend more on music than other consumers, Kantar Worldpanel found that the average spend over a 12-month period for professed filesharers was lower than the spend of consumers who only use legal services. Kantar Worldpanel’s respondents diarise their music purchases on an ongoing basis – there are no estimates made of past purchasing, just an accurate recording of spending patterns over time. The panel data demonstrated that filesharers spent an average of £26.64, compared with £33.43 by legal-only consumers, refuting the popular argument that filesharers are the heaviest spenders on music.

- Legal only digital music buyers spend an average of £33.43 a year.
- File-sharers, in total, spend an average of £26.64 a year.
- File-sharers, the 44.8% who are not buying, spend an average of £0 a year.
- File-sharers, the 55.2% who are buying, spend an average of £48.26 a year.

"You cannot just wave away the 44.8% of file sharers who are not spending anything on music, despite being music 'consumers', and pretend they don’t exist or are not relevant. What happens if only 5% of file sharers are spending on music? Do we disregard everyone else who is freeloading?," a BPI spokesman said.

"It's not credible to discount the people who consume music, for free, illegally."

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Drake - 'Take Care'

A briefly entertaining, occasionally ponderous, sometimes lazy, sometimes brilliant, slow-rolling, rap-singy, bulls-eye missing, kitten-friendly, runway-ready, mega corny, lip-smacking, self-conscious, self-correcting, self-indulging, finely tuned, Houston infatuated, crowd pleasing, delightfully weird, emotionally raw, limp, wet, innocuous, cute, plush, brooding, musical, whimsical, exotic, pensive, V-necked, quasi-American, strutting, doting, cloying, safe alternative to sleeping pills.

Best Song: "Lord Knows"

Release Date: November 15, 2011

At the same time, we try to catch erroneous or abusive removal requests. For example, we recently rejected two requests from an organization representing a major entertainment company, asking us to remove a search result that linked to a major newspaper’s review of a TV show. The requests mistakenly claimed copyright violations of the show, even though there was no infringing content. We’ve also seen baseless copyright removal requests being used for anticompetitive purposes, or to remove content unfavorable to a particular person or company from our search results.

"The ISPs' failed legal challenge has meant yet another year of harm to British musicians and creators from illegal filesharing."

John McVay, CEO of Pact, said: "Rather than needlessly spending more time and money on further legal challenges, BT and TalkTalk now need to focus on working with rights holders and the Government in implementing the Digital Economy Act with immediate effect."

“Once again a judge has made it extremely clear that the Digital Economy Act is a fair, focused, proportionate and efficient system for consumers and the creative industry,” she added. “Rather than individuals being hauled into court, the DEA makes it possible to conduct a mass consumer education programme. BT and TalkTalk need to stop fighting and start obeying the law.”

The Film Distributors’ Association president Lord Puttnam CBE hoped the court decision would put an end to “a long chapter of uncertainty, and the DEA can now help in implementing a mass consumer education programme so that people, especially young people, can come to appreciate the damage piracy inflicts on the whole of the creative community”.

The British Video Association’s director general Lavinia Carey added: “Several other countries are adopting this measure and it would be bad for Britain’s creative industries to be left behind more forward thinking nations who are supporting their creative economies at this difficult time of transition towards increased digital consumption during this period of recession.”

The first likely step, which could be just days away, will be to ask ISPs to block some of the biggest illegal websites. It is not known yet which sites – and, therefore, which ISPs will be targeted. If ISPs do not block these sites voluntarily, the BPI will ratchet up the pressure and will seek court orders – citing 97A and the MPA case – requiring them to do so.

Has any UK court ever treated an IP address as being sufficient by itself to identify a defendant as a copyright infringer in a contested copyright infringement claim decided after a trial of an action?

It is the same quality of evidence that was provided in more than one hundred cases to the High Court in litigation against end users and which was accepted by the court in each case. Most of these cases resulted in settlements, and all of those on which judgment was given found in the BPI's favour

In light of the serious violations of copyright facilitated by The Pirate Bay service, and in accordance with Google's policies (see http://www.google.com/dmca.html andhttps://www.google.com/support/websearch/bin/answer.py?answer=58&ctx=sibling) we are asking for your immediate assistance in removing from your index, or otherwise disabling access to via your search engine, URLs linking to the website for The Pirate Bay including but not limited to the URLs specified in the attachment to this notice.

Our use of a notice in this form, as required by Google, is meant to facilitate Google's removal of search results linking directly to infringing web pages and we neither admit nor accept that Google is a 'service provider' for the purposes of the DMCA or that it is necessary to serve, or that Google is entitled to be served, a notice in compliance with the DMCA. IFPI itself and on behalf of the IFPI Represented Companies expressly reserves all rights in this regard.

Please note that we do not admit that we or the IFPI Represented Companies are responsible for detecting infringing material and notifying you of it.

http://hotfile.com/
http://usershare.net/
http://2shared.com/
http://4shared.com/
http://mediafire.com/
http://megaupload.com/
http://sendspace.com/
http://teradepot.com/
http://zippyshare.com/

"Most of the things we're talking about today are about the record industry, not about the music industry. Everyone is talking about percentages... nobody is talking about music. It sounds like most people here could be selling diapers instead!"

It's not a right for the record industry to make a profit.... Technology has come that has made most of the record industry less valuable. We need to just move on, it's sort of an evolution... It might not be good for people working in the record industry, but the music industry is better than ever."

"The joy of ownership is a very different thing from the joy of a digital download or stream..."

He says A&R is becoming easier for labels, because sites like Hype Machine and We Are Hunted are where A&R guys are looking to see "who's listening to what music". It's less about "taking a punt" than in the old days. "Artists are building up fanbases themselves… and that can be monitored."

"They're doing a fantastic job, they use Topspin to sell their music, and that seems to be very successful for them. We're gonna see more of that..."

"The problem is, nobody really asked the consumer," he says, about attempts to put DRM on CDs. "They absolutely hated it. You put the CD into the computer and it wouldn't play... In the future, we've got to bring the consumers into the business model. In fact, they already are part of the business model."

1. The BPI seems to think that the UK intelligence community is now the biggest threat to stopping the bill. Seriously. Apparently, UK spies are afraid that passing this bill will drive a very large number of people to switch to using encrypted internet tools, making it that much more difficult to spy on them. This may be an accurate concern, but it's surprising to hear that the intelligence community is now considered the biggest hurdle to getting the bill passed. Apparently, the BPI is fairly unconcerned with consumer rights groups. The BPI seems so paranoid about the intelligence community, that it actually suggests in the memo that the British spying agency MI5 may have paid for a recent survey released by the ISP Talk Talk, saying that 71% of those 18-34 years old would continue to file share, using "undetectable means."
   
   The memo also mocks the fact that this particular bill now has the Open Rights Group on the same side of an issue as MI5 -- when the two are normally somewhat diametrically opposed.
   
   
2. While the BPI sounds fairly confident that the bill will get through, it recognizes that it could get stalled if enough Members of Parliament start asking questions about the speed with which the bill is being pushed through:

   As for the House of Commons -- which will be sent the Bill next week -- there is a strange sense of detachment. MPs with whom we spoke back in Autum are already resigned to the fact that they will have minimum input into the provisions from this point on, given the lack of time for detailed scrutiny. One leading backbencher has told us that there is "little point in meeting, since the Bill will be determined at wash-up". That said, John Whittingdale -- an inveterate "timing sceptic" (i.e. he's for the Bill but doesn't think it will get through in time) has said this week that he still thinks it could be lost if enough MPs protest at not having the opportunity to scrutinise it. Whilst true in constitutional theory terms, the hard politics of the situation makes it seem unlikely. And inveterate opponents like Derek Wyatt and Tom Watson continue to blog and tweet with critical comments, but there is not the sense of a groundswell of massive opposition to the Bill.

   In other words: if you live in the UK, now is the time to start speaking up and contacting your elected officials, as well as letting others know that a bill to greatly take away your rights is about to be pushed through the House of Commons, unless you speak up now.
   
   
3. Finally, among the "upcoming" activities, the memo mentions that on Wednesday the 18th, there will be a release of a report from TERA on "The importance of saving jobs in the EU's Creative Industries." We see these types of reports all the time, and they're usually poorly thought out and poorly argued, assuming, incorrectly, that a loss of jobs in one part of an industry might not be made up elsewhere, and rarely (if ever) paying attention to the fact that artificially propping up one part of the industry has massive negative consequences for other areas in the economy. So let's see what this report says. But assuming you start seeing press reports about this later this week, make sure to read through them with a critical eye.

"It's increasingly clear that it isn't smart to be a 'dumb pipe'. This report shows that the revenue potential of digital music services alone makes sound economic sense for ISPs," said BPI Chief Executive, Geoff Taylor.

"TalkTalk thanks the BPI for its strategic business advice. Though some may question the value of such insight from an industry which has failed to acknowledge the impact of new technology on its own business models and is pressing the Government to criminalise its biggest customers," a spokesperson told TorrentFreak.

The Digital Economy Bill that is wending its glacial way through the UK parliament has produced an interesting row between the BPI (representing the interests of the major record labels) and the ISPs, telco's and mobile network operators. They are arguing over who should pay how much to fund remedial measures to clamp down on illegal file-sharing. The BPI is in a tough place since the cheaper they argue the cost will be, the more the ISPs respond by saying "well then you can pay for it." Minister Stephen Timms recently suggested the split should be 75/25 (with the BPI paying the greater amount).

Hall believes the proposed legislation has been rushed in a bid to get it through parliament before the next General Election, that it is in danger of disregarding some sacred legal principles (regarding process, presumption of innocence and burden of proof) and that it won't solve the record industry's piracy problems anyway.

In his resignation letter to the BPI, Hall writes: "I have enjoyed contributing to both [the BPI's] Rights [Committee] and the [IFPI's] ILC, but increasingly feel that my contributions are falling on deaf ears as an agenda has already been reached that I now consider is unmovable. As you know, I do not think the Digital Economy Bill is a sensible or well thought out piece of legislation. In my view it is being rushed through the last months of a parliament of an unpopular government and it is not legislation that I support".

Referencing clause 17 - the one that gives senior ministers the right to change copyright laws on whim - he continued: "I am particularly surprised that the record industry has chosen to endorse s.17 of the DEB, which I consider is wholly undemocratic and contrary to centuries of good practice regarding the forming of our copyright legislation. I also believe it may set a dangerous precedent going forwards (and could come back to haunt the industry)".

It's unfortunate that in a piece which wrongly charges BPI with making things up, you have misrepresented what our Chief Executive said. He did not say that "BT broke the law in not stopping file sharing", as you assert.

BT fosters a reputation as a socially responsible company. BPI has questioned whether it's appropriate for such a company to do nothing about 100,000 instances "a small sample" of the illegal behaviour that BT knows is occurring on its network. BT knows about this activity because BPI provides detailed weekly notifications enabling BT to verify each and every infringement. BPI's notifications are based upon robust copyright infringement detection techniques which have been accepted by the UK High Court in over 150 cases.

We understand that BT employs very sophisticated traffic and network analysis technologies that allows it to see the proportion of network traffic that is P2P. We have never said that all P2P traffic is illegal, because not all of it is. But the weekly notifications we send to BT relate solely to music files which we know are being shared illegally.

Since 2003, annual UK broadband revenues have increased from £0.6 billion to £2.7 billion (2008). Recorded music revenues have fallen every year in the same period, principally due to illegal filesharing. It is therefore not difficult to see that the growth of BT's consumer broadband business has been assisted by the increase in illegal filesharing.

Other ISPs are recognising that it is not sustainable in the long-term for a high percentage of ISPs revenues to be based on the transmission of illegal data, and that in future they need to share in revenues from providing high quality entertainment services for their customers

"It's shameful for a company like BT to know that a high percentage of the traffic it carries is illegal material but do nothing," Taylor told The Mirror. "If you operate a commercial service and know it is being used to break the law, taking steps to ensure it is used legally is a cost of doing business."

They send us a list of IP addresses and say 'this IP address was involved in a breach on this date'. We look at that say 'well what do you want us to do with this? We can't release the person's details to you on the basis of an allegation and we can't go and kick the customer off on the basis of an allegation from someone else'. So we say 'you are alleging the person has broken the law; we're passing it to the police. Let them deal with it'.