Music industry hails high court ruling against filesharing

A high court ruling has forced two men to stop sharing pirated songs on the internet, with a judge warning that ignorance of the law is no defence. The men were ordered to pay thousands of pounds in damages and costs after refusing to settle their civil cases with the trade body the British Phonographic Industry. Cases against three other people are pending.

The case, the first of its kind to be heard in a British court, was hailed by the industry as the clearest warning yet to those still using peer-to-peer networks to share pirated tracks on the web. "We have long said that unauthorised filesharing is damaging the music industry and stealing the future of artists and the people who invest in them," said the BPI chairman, Peter Jamieson. "Here is clear confirmation of what we also said - that unauthorised filesharing is illegal."

The first defendant, from Kings Lynn in Norfolk, argued the BPI had no direct evidence of any infringement. His defence was rejected and he was ordered to pay £5,000 immediately, with his total bill likely to top £13,500.

A Brighton postman's argument that he was unaware that what he was doing was illegal and that he did not seek to gain financially was dismissed by Mr Justice Lawrence Collins who said: "Ignorance is not a defence." He was ordered to make a immediate payment of £1,500, pending a decision on costs and damages.

The majority of the 139 cases launched against illegal filesharers since October 2004 have been settled before reaching court, with those accused paying fines of up to £6,500 and promising to stop sharing songs over the internet.

Those on the receiving end of the latest tranche of 51 cases, launched in December, have until the end of the month to settle. A number have had to settle on behalf of their children, despite being unaware that they were breaking the law.

The BPI general counsel, Roz Groome, said the rulings were "a massive step forward in the music industry's bid to fight illegal filesharing". Global record sales have slumped by a fifth in recent years as internet piracy took hold. And despite a backlash from record companies, recent figures show that the number of people illegally downloading music around the world has stubbornly remained static.

The BPI estimated that domestic record labels have lost out on sales of more than £650m in the past two years alone. But it believes that a combination of tough court action, the availability of more legal tracks and the education of consumers, will defeat the pirates.

The popularity of digital music players such as the iPod and the growth of broadband have led to a surge in legal downloads. The UK is the fastest growing download market in Europe, with sales quadrupling to 25 million in the past year.