Yesterday (27 September 2002) Stelios, the founder of easyGroup led the easyGroup orange boiler suit brigade in a protest at the High Court in London. The reason for the protest? easyGroup is being sued by the British Phonographic Industry (BPI) for allegedly permitting unlicensed music download and copying in its easyInternetCafes. easyGroup rejects this, arguing that it does not monitor what users download and that its user terms make it clear that the service may not be used for illegal copying.

easyInternetCafes stopped the CD burning service last year, but since then the BPI has tried to claim £1 million in damages from easyGroup for illegal downloads it says took place instore. When easyGroup denied the claims and offered to let the BPI check the café hard-drives, it seems the BPI reduced its claim to £380,000 and then £100,000.

It also seems that at some stage, the BPI suggested to media-savvy easyGroup that it would be bad PR for it if the public thought music was being pirated in its stores. In a u-turn the BPI then sought a gagging-order to prevent easyGroup from talking about this case and seems to have scored an own goal in doing so! In Court the judge said he saw no urgency in the matter and postponed the hearing until next week, whilst outside the national press took delight in photographing the 20 or so boiler-suited staff wielding enormous orange cardboard CDs reading „stop the music-rip off”.

But easyGroup wasn’t suggesting that music downloads are legal or encouraging pirating of music from the internet – quite the contrary. It seems to have taken the refreshingly straightforward approach to music that we have seen revolutionise shorthaul air travel and car hire. „The music companies are operating an outdated business model” said Stelios. „They are creating costs and complications for themselves by producing CDs, wrapping them in expensive packaging, incurring the costs of distribution and then allowing retailers to take their cut of the cake. If they allowed online music downloads for a fee they could reduce their own costs and still make money by offering consumers lower prices.”

The full case has yet to be heard but it seems easyGroup does not intend to go quietly or apologetically to court. This is not a „Napster” style case, but it does highlight the issue that increasingly consumers want a choice of music delivery and play-media. I recently heard someone in the music industry say „there is no conscience in music copying”. She might be right, but the more industry infighting there is, the less sympathetic music consumers become. Copyright law can sit comfortably with music downloading and the time is ripe for all parties to pioneer a new approach to it which satisfies the diverse interests of artists, consumers and record companies.