Record Labels Target 20 ISPs in Pursuit of BitTorrent Pirates and Damages
Predictions of a looming music industry apocalypse, fueled by users of LimeWire and similar peer-to-peer apps, have long-since been replaced by all-you-can-eat music services. In Japan, most formats are celebrating double-digit growth, and even the CD market is holding its own. Meanwhile, the major record labels have targeted 20 ISPs to obtain the personal details of BitTorrent pirates, seeking damages for infringements dating back over two years.
musical daybreak-sThe Recording Industry Association of Japan (RIAJ) has around 65 members including Sony, Universal, and Warner. For good reason it’s seen as the local equivalent of America’s RIAA.
The global music industry is currently in good health and Japan is no exception. In a recent report, RIAJ Chairman and Sony Music Entertainment CEO Shunsuke Muramatsu said that 2024 marked the 11th consecutive year of growth in the domestic market. In common with Western markets, streaming is the driving force. Somehow, Japan’s love affair with the CD is still producing steady sales too.
New Records, Old Problems Revisited
With 2024 expected to produce more sales than any year in history, including eight “Diamond Certified” tracks and at least one track achieving “Double Diamond” status with over a billion plays. Things could hardly be better, but this is the recording industry, where existential threats are rarely far away.
Concerns over copyright-skirting generative AI and its potential effect on the future market for music, is perhaps the most obvious example. Yet for reasons that aren’t entirely clear, BitTorrent pirates – who mostly departed for the legal market years ago or found more recent solace in YouTube-ripping platforms, are now being tracked down in Japan by the RIAJ.
Success at the Tokyo District Court
This week the RIAJ reported success following legal action at the Tokyo District Court. In what appears to be action designed to send a deterrent message, RIAJ members requested information held by a local ISP on subscribers identified by the labels as prolific uploaders of pirated music.
“On February 7, the Tokyo District Court handed down a ruling ordering Internet service provider KDDI to disclose the names, addresses, etc. of users of IP addresses who have been illegally uploading large amounts of music files to the Internet using the file sharing software BitTorrent,” the RIAJ announcement reads.
“Member record companies of the Recording Industry Association of Japan hold the rights to these audio sources. The same court handed down a similar ruling against [ISP] SoftBank on January 23.”
The RIAJ says that the aim was to identify those behind just 25 IP addresses, spread across a total of 20 internet service providers. Whether a similar number of alleged pirates could’ve been spotted at fewer ISPs isn’t clear. The signs suggest that the RIAJ may be preparing for a larger campaign with ISPs’ cooperation established in advance.
Legal Basis and Purpose
The requests for disclosure were made pursuant to Article 5, Paragraph 1 of the Act on Limitation of Liability of Internet Service Providers; the record companies say they intend to file damages claims for copyright infringement and violations of neighboring rights, including the right to make content available for distribution
From a total of 20 ISPs, two refused to disclose subscriber information. The RIAJ responded by filing a complaint at the Tokyo District Court in 2024, with its request for disclosure of subscriber information now a confirmed success.
“The association’s member record companies are currently in discussions with illegal uploaders through their attorneys regarding ‘pledges not to infringe copyrights in the future’ and ‘payment of damages’ based on the identities disclosed by internet service providers linked to the 21 IP addresses.”
As of February 12th, the RIAJ says it had reached settlement agreements with 11 uploaders, with average damages of approximately 500,000 yen, around US$3,300.
Claims for damages against illegal uploaders are reportedly part of the mix, with the RIAJ stating it will continue to target file sharers and pirates using other means, to protect the market and “eradicate violations of copyright law.”
