Another contrast between the US and UK has become apparent today when the FCC ruled against Comcast hampering file sharing. In the UK, people have been getting warning letters from their ISPs if they have been suspected of file sharing.
The British Government want to cut file sharing by 80% by 2011. British Phonographic Industry – the trade cartel for the UK record industry – has cut a deal with six of the UK’s biggest ISPs. The ISPs have agreed a three-strikes policy against customers who are suspected by the BPI of file sharing.
And just because the ISPs are agreeing to boot offenders, this doesn’t mean the cartel won’t take people to court for damages. They have and they will again. That’s not to say the equivalent US cartel, the Record Industry Association of America won’t sue people. They also have and will again.
The difference is the approach by Government. The BPI have Whitehall in their pocket. You’re thinking those must be very big pockets to fit Whitehall in them, but trust me, the BPI and its members have big pockets. Much bigger pockets than the private individuals they like to pick off and litigate into financial oblivion.
I’m not suggesting the record industry isn’t hurting from the downturn in CD sales. But they’re not losing money. Let’s be straight about this. You can’t lose someting you don’t have. Unless you have either pocketed someone’s money and it gets taken out of your pocket or you have invested money and end up with less than you’ve invested, you haven’t lost money. But they are hurting because it must be emotionally painful to be used to wallowing in billions and billions of pounds and to now have fewer billions in which to wallow. Think of what it must be like to be filthy rich and after a huge slump in sales to be, well, filthy rich.
Let me say this again: when you are making huge profits and then you are making less huge profits, you are not losing money.
In the US, the RIAA has had to face accusations of the obvious – they are an antitrust violating monopoly. It appears from my brief look at existing litigation that the RIAA are in retreat. Most recently it seems they have tried to drop cases in such a way as to punish the defendants by forcing them to pay their own legal fees, which, when fighting giant corporations and their lawyers, can be enormous. They have now been losing at that tactic.
In the UK, the courts have not been so enlightened. it is strange to think that in a very capitalist country like the US, the courts and even Congress can see through attempts at creating illegal monopolies and bullying the consumer, while in the socialist UK, big business wins.
So once again in the UK we have to deal with a heavy-handed totalitarian-aspiring Government and their collusion with industry cartels that are determined to maintain their profit levels. I haven’t even touched on the Government supporting the energy utilities putting up their prices by 35% in a single hike to maintain or even increase their profit levels in the face of rising energy costs.