How to detect, prosecute and avoid the unauthorised use of music via internet?
1. What are possible and reasonable methods to detect, prosecute
and avoid the unauthorised use of music via internet?
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2. 95% off all music is downloaded without payment
to artists or producers
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3. 15.699 lawsuits in
Germany
321 million illegal
downloads in Germany
34.5 million legal
downloads in Germany
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4. How to detect illegal filesharing?
ISPs can track high downloadvolumes by IP-address
Investigating file-sharing networks and track IP-address
Investigating illegal hosting-sites/blogs/networks
Use Google Alert to detect when somebody is searching for free downloads
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5. How to prosecute illegal filesharing?
Possible ISP-interaction:
- „Three Strikes Out“
- Block pirate sites
- Throttle access speed / data volume
- Send written warnings in an “informing” way
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6. How to prosecute illegal filesharing?
Rightholders send a written warning to the source
Rightholders sue users of filesharing-networks
Rightholders sue operator of illegal filesharing networks/websites
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7. How to avoid illegal filesharing in the future?
Deterrence through prosecution
Concerned person = potential costumer
- Image problem for the music industry
- Minimum claims limit at court due to unworkable amounts of cases
Illegal filesharing networks/websites often located abroad
- No universally valid copyright law
- Limited legal access to operators of illegal offers
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8. How to avoid illegal filesharing in the future?
Deterrence through ISP-interaction
ISPs have to be put into charge
Can't sell their products without media content, so they have to take care, too!
Political pressure on ISPs needed
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9. How to avoid illegal filesharing in the future?
„Three strikes out“ / Block pirate-sites?
- Freedom of information and communication?
- Is the internet access owner really the filesharer?
- Where does „illegal“ start?
Throttle download speed/volume
Legitimate approach
Send written warnings in an “informing” way
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10. How to avoid illegal filesharing in the future?
Written warnings part of an educational advertising campaign
- stating that filesharing is illegal (yes, downloading, too!)
- informing about possible aftermath and prosecution
- informing about legal alternatives
All this packed in a funny and clever advertising idea
Rolemodel: „Hart aber Gerecht“ made by the Zukunft Kino Marketing GmbH
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11. How to avoid illegal filesharing in the future?
Offer a legal product that is worth more than an illegal download
Premium content offered with the download file
Cross-promotional offers between downloadstores and other providers of
music-related-products: tickets, merchandise...
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