ISP responsibility - principle, reality or pipe dream?

Abstract

The unauthorised sharing of copyright-protected works over peer-to-peer (\u27P2P\u27) networks is widely regarded by the music and movie industries (\u27rights holders\u27) as the single biggest threat to their respective business models. According to the International Federation of the Phonographic Industry (\u27IFPI\u27), at least 80 per cent of all Internet traffic comprises the transfer of copyright works on P2P networks.1 Independent research suggests that in Australia, 18 per cent of the population engage in illegal downloading of music files.2 In the face of this digital revolution, rights holders have explored a range of models, including both legislative and non-legislative initiatives, to persuade Internet service providers (\u27ISPs\u27) to take steps to prevent P2P file sharing. This paper explores several proposals that have been put forward by rights holders, each of which asks the key intermediary in the digital world, the ISP, to play a proactive role in the fight against piracy