More on the Latest Diabolical Plan From the RIAA

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It appears that there has now been some response from the lower tier ISPs about the RIAA’s proposal attempting to dragoon them into doing their copyright enforcement work for them.

At least one relatively small ISP is saying pay to play:

Jerry Scroggin, owner-operator of Bayou Internet and Communications, wants the music and film industries to know that he’s not a cop and he doesn’t work for free.

Scroggin, who sells Internet access to between 10,000 and 12,000 customers in Louisiana, heard the news on Friday that the Recording Industry Association of America (RIAA) has opted out of suing individuals for pirating music. Instead, the group representing the four largest music labels is forging partnerships with Internet service providers and asking them to crack down on suspected file sharers.

According to Scroggin, if RIAA representatives ask the help of his ISP, they had better bring their checkbook–and leave the legal threats at home. (CNET News obtained a copy of the RIAA’s new notice to ISPs here). Scroggin said that he receives several notices each month with requests that he remove suspected file sharers from his network. Each time, he gets such a notice from an entertainment company, he sends the same reply.

“I ask for their billing address,” Scroggin said. “Usually, I never hear back.”

This makes sense.

Not only is it an expensive process, it is one that is fraught with liability issues from disgruntled customers.

If I were operating an ISP, I’d tell them to pound sand, but I’m not a businessman who has to deal with these compromises. For me, it’s a moral decision: Without a court order, I do not spy on customers.

Were I willing to make a compromise, at a minimum, my price for cooperation would be as follows:

  • The orginization would have to pay the techs at the retail billing rate.
  • The organization would agree to cover any and all legal fees incurred as a result of cooperation.
  • The organization would agree to totally indemnify my company against all claims as a result of this.

The last two are the most important, because when the RIAA goes after a grandmother for downloading the rap song I Want to F*^% You In the A@#, and they already have done so, I would not want to be left holding the bag.

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