How Music Companies Can Earn 150x More from Illegal Downloads

Rob Williams

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Staff member
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From our front-page news:
Regardless of your whether or not you've ever pirated something yourself, or do so on a regular basis, very few people will shun the fact that it's a real problem and has been for a while. It's so large a problem, in fact, that organizations such as the RIAA, MPAA and others use piracy as their number one reason for lost profits. Of course, it'd have nothing to do with the fact that music is usually too expensive, or the fact that they don't exactly cater to their customer in any possible way. No, of course not... it's all piracy.

But did you know that organizations such as the ones mentioned above, and other music/movie companies the world over, are able to earn more revenue off of illegal downloaders, rather than from customers who purchase their music from a store or off of a downloadable music store, such as iTunes? According to recent reports found by TorrentFreak, that 150x estimation isn't made up... that's really how much more music companies can earn by, get this... requesting payment from the suspected downloaders.

How this company works (DigiRights Solutions) is that they offer a service to these companies that will monitor what I assume are just IP addresses from all over the area, keeping track of what's being downloaded. If an illegal download is spotted (I assume it can tell by the filename, and the protocol used), it will automatically send out an invoice of sorts to the suspected customer. How DRS and other similar companies can get the customer's address information so easily, I'm not so sure, but it's scary as heck to think about.

The kicker is this. Although companies such as DRS send out invoices requesting payment, the person receiving it is not legally required to do so. According to information the company gives, however, upwards of 25% of people will just pay it. We're talking about fees that start at €90 and can go into the hundreds. So essentially, music companies can make more money off pirates... by simply asking for the money. It's going to be interesting to see if this kind of practice is even allowed to continue too far into the future. After all, although it's not illegal, per se, I can't see many people approving of sending random and unsubstantiated invoices to customers. If only it were that easy to make money for the rest of us...

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DRS says it generally sends out emails to alleged file-sharers requesting them to pay €450 (650$) per offense. According to the company they get to keep 80% of the money, leaving 20% for the copyright holders. The anti-piracy outfit claims it uses the money to cover their IT costs, administration costs, attorney fees and other costs. So, for every illegal download the copyright holder gets €90 (130$), and that is where the presentation turns into a marketing talk where the company explains how piracy can be turned into profit. They start by comparing the profitability of legal and pirated downloads.


Source: TorrentFreak
 

2Tired2Tango

Tech Monkey
How this company works (DigiRights Solutions) is that they offer a service to these companies that will monitor what I assume are just IP addresses from all over the area, keeping track of what's being downloaded. If an illegal download is spotted (I assume it can tell by the filename, and the protocol used), it will automatically send out an invoice of sorts to the suspected customer. How DRS and other similar companies can get the customer's address information so easily, I'm not so sure, but it's scary as heck to think about.

I see this is a German thing.... but if it gets over here, I would certainly like to see what Canada's Privacy Commissioner has to say about this.

If you run a "whois" on any of the IPs listed in uTorrent it usually only gets you to the ISP not the individual. That being the case I'm guessing they're paying ISPs to turn over personal information on their customers and that would be illegal.

Moreover they have to be along a file's route to even know a transfer is taking place. To know what is being tranferred they have to be using deep packet inspection... another invasion of privacy.

IF this information is correct, look for the headlines to eventually come out that major ISPs like Bell, Telus, etc. are actually selling DPI information on their customers. Also look for the crap to really hit the fan... if it's done here.
 
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gibbersome

Coastermaker
Well I can give you insight into what happens at my university (since I worked at the school IT department for a while).

The vast majority of students get caught using programs such as uTorrent, Kazaa, etc. At school, each student has to have their computer and IP address registered with the school to use the internet (this includes wireless and wired access in their dorm rooms).

Company such as DigiRights Solutions catch the IP address, and locate it back to our university. They then send threatening e-mails on behalf of RIAA/MPAA and demand to know the names and contact info of the students responsible for the downloads.

Our school, being the wimp that it is, has decided to allow this and forwards the Cease and Desist letters (or sometimes demands for monetary compensation) to the students.
 

Rob Williams

Editor-in-Chief
Staff member
Moderator
2Tired2Tango said:
If you run a "whois" on any of the IPs listed in uTorrent it usually only gets you to the ISP not the individual. That being the case I'm guessing they're paying ISPs to turn over personal information on their customers and that would be illegal.

That's what I was thinking, and if that's the case, then that sounds illegal in itself. If companies like DRS have absolutely no legal bearing on anything, then how on earth is it possible that they can just pay for home addresses? If they can, then nothing would stop the regular Joe from doing the same, which is even scarier (where things like stalkers are concerned).

2Tired2Tango said:
Moreover they have to be along a file's route to even know a transfer is taking place. To know what is being tranferred they have to be using deep packet inspection... another invasion of privacy.

Yes, exactly... this is another major issue. Not to mention, just how much of our "tubes" are being clogged because of all of this scanning?

gibbersome said:
Company such as DigiRights Solutions catch the IP address, and locate it back to our university. They then send threatening e-mails on behalf of RIAA/MPAA and demand to know the names and contact info of the students responsible for the downloads.

Well, that's true, but from the sounds of things, this company and others aren't only going after university students, but home users as well. At least, that's the general vibe I got from the article. From a school standpoint, I could understand it, but under no circumstance do I believe the school is legally required to hand over personal information. The RIAA and MPAA sure do know how to execute their scare tactics well.
 

Kougar

Techgage Staff
Staff member
I don't think they have to do anything fancy to get IP information, but I'm not sure how they link it to a correct email address.

There was an article today in the WSJ where one LA police officer flicked a switch on a specialized software program, and instantly generated a surprisingly large number of dots on an LA map of people sharing kiddie porn in real time through p2p. It gives them actual physical addresses and they drive right up with the required paperwork to do a search. I'm all against kiddie porn, but if they can do it by simply matching file signatures, then anyone with the right software can do it with any file type on most p2p networks. The article mentioned they barely had the manpower to follow up on these leads though, forget about even getting to most of them. It went on to say most police departments didn't have the software, let alone the training, and manpower to even take advantage of this capability.

From what I remember of my legal course, they are not required to pay anything they receive... but if they pay any of it, then they are admitting guilt and it could get them in some nasty trouble. And if they pay any part of the requested figure, then they can be held liable for ALL of whatever sum was requested.
 
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