The main element of this strategy is that suing end-users is bad publicity because the population reacts emotionally to big bad corporates going after the little guy (in many cases, literally, as it’s often children who download pirated material). By making the ISP responsible for enforcing copyrights, they are shifting the blame and anger towards another entity.

Politicians jump on bandwagons without understanding the Internet and are often quick to take sides. Of course software, music and movie piracy, or in fact any other breach of copyright for that matter, is wrong but there are various ways to address this. Firstly, ISPs should accept that they should not be immune from any liability about what happens on their network–They are not there to provide an anonymous facility for illegal activity to take place. If they think for a second that this is a viable long term proposition, they are sorely mistaken as eventually the activities will move into morally outrageous types which will result in speedy and badly thought out legislation.

The concept of a ‘three strikes’ system does have one significant benefit–It removes the element of being sued or criminalised for an activity which is clearly legally unacceptable, but which is so common in society that is is considered only technically wrong, without being morally so (or at least to a degree where it would be seen as something you shouldn’t do–Many will say piracy is wrong and whilst they may feel a bit guilty, they still do it.)

If such a ‘three strikes’ rule is adopted, it should not bar a user from seeking service with another provider (as doing so would be effectively preventing them from playing any part in today’s society which relies on the Internet), and should include an appeals process (with ultimately the rights holder being required to take the individual to court). Also, the rights holders should accept liability for any errors made on their part including consequential losses. This should ensure that the systems are used fairly and equitably.

The record and movie industries really haven’t been good at recognising the Internet’s opportunities, with very few exceptions such as Radiohead’s ‘name your own price’ campaign. The Internet has changed many business models and it is not possible for an industry to exclude itself from these forces forever. Record labels’ days may well be numbered. Similarly, the concept of regions in DVD releases, is outdated and the sooner the industry realises this, and the globalising nature of the Internet, the better.