According to some, Google and other internet service providers ('ISPs') are to blame for much of the lost revenue from the online sales of digital content, including music, films and software. Last week at MIDEM (the annual music industry conference in Cannes), keynote speaker Paul McGuinness, U2's manager, said:
"It amazes me that Google has not done the right thing. The experience of people when they go on Google and look for U2's music or PJ Harvey's music is a shopping list of illegal opportunities to get their songs..... [Google] has done nothing meaningful to discourage this fact".
Others are dissatisfied with Google and the other search engines failure to take effective action regarding how search results rank legitimate websites against illegal ones, more often than not illegal content website sources outrank legal sources. The British Phonographic Industry, Motion Picture Association, Premier League and others have called on the Government to establish a new watchdog to instruct search engines to remove copyright infringing websites from their search results.
On the other hand the anti-censorship body, the Open Rights Group, believes that website blocking and the filtering of search engine results content should be avoided. It, instead, argues that serious infringers will continue to download films, music and other digital content illegally by searching specifically for websites/file sharers who still make such copyright material available. It says "blocking can only prevent 'accidental' access: a suitable end in regard to personal avoidance, but not if the objective is targeting knowing infringers".
Until the Government decides when to implement the next stages of the Digital Economy Act, including whether to oblige ISPs to block infringing websites from their search results or not, the only option currently available to those whose copyright material is illegally downloaded is to take direct legal action against the infringing party, usually by obtaining an injunction to block the relevant website and sue for an account of the illegal profits made.
For any digital, music or intellectual property queries, please contact Chris Phillips on 020 7288 4706 or chrisphillips@boltburdon.co.uk