Who is cheering quietly in the entertainment industry after the Ipred ruling - and why?
Yesterday, the Court of Justice of the European Union issued a rather expected decision in the ePhone case. EU law does not directly prevent a court from ordering an internet operator to disclose customer data to a right holder in case of alleged infringement.
And there is rejoicing in the entertainment industry. A large number of rights holders' representatives believe that the tools are now in place to protect copyright online. "At last" declares the Film and Television Industry Cooperation Committee. "The audience is the winner", writes the spokesperson for Netopia and the Computer Games Industry Association.
But what are these organizations and companies standing up for - is it the audience? Copyright as a tool for cultural diversity, creativity and innovation?
Would these self-appointed defenders of copyright answer yes to these questions? Probably not no in all cases.
But what is it that audiences want? Is it static viewing windows, or distribution models that have not adapted to the digital opportunities available? In virtually every market that has been digitized or servicified, business models have been streamlined, margins have been squeezed, digital economies of scale have been exploited and growth has increased - to the benefit of the consumer in the form of better, more varied offers at more attractive prices. So why shouldn't this happen in the entertainment industry? And is anyone resisting this change? Here's a hint: look back at this text...
But back to the headline. Who is cheering the loudest? They used to be very vocal on the anti-piracy issue. But, at least in their communication, they are much more balanced, nuanced in how their industry can develop and grow by adapting to digital distribution models.
I am of course talking about the record industry. It is symptomatic that in their press commentary on the Ipred ruling yesterday, they emphasize that Ipred is not the solution with a capital S. Instead, they say that addressing the file-sharing problem also requires good, legal services and legally secure legislation.
These are the words of an industry that has dared to change. And one that understands the opportunities offered by digital business models. It is clear that it has been possible to make money even without Ipred in place. Perhaps such tools are not even needed.