COMMENTARY-- The launch soon of a new code of conduct governing relations between law enforcement agencies and Internet service providers will emphasise the growing gulf between the music industry and the Internet community over online copyright-breaching activities.

The code encompasses a number of issues, including the type of data ISPs should store, how long it should be stored and protocols to be followed by law enforcement agencies when seeking to obtain that data.

The music industry's piracy investigations unit has already publicly stated it believes Internet service providers should more actively cooperate with it in tackling alleged offenders rather than require them to pursue complaints through law enforcement agencies.

However, the unit's complaints seem to be falling on deaf ears, with key regulatory and Internet industry figures having lent their support to what was then a draft code several months ago.

Regardless, the unit is pushing ahead with its aggressive approach to tackling alleged copyright-infringing activities.

Last week, its general manager, Michael Speck, decried an alleged plea bargain between the three students involved in Australia's first criminal Internet piracy case and the Commonwealth Director of Public Prosecutions, claiming the penalties would not reflect the damage the activity had inflicted on its victims.

The unit had applied to the NSW Local Court to be heard on behalf of those victims, an application knocked back by the magistrate.

Speck also told ZDNet Australia today the unit was preparing to pursue court action against "a number of other parties" allegedly involved in Internet infringement activities, including Internet service providers and Universities.

The unit is already in the throes of long-running court action against the University of Sydney, University of Melbourne and University of Tasmania over access to network records which may contain evidence of copyright-infringing activity by staff or students at those institutions.

The music industry's hard-core approach to what it sees as a significant threat to its business is unlikely to win it many friends in a community used to viewing online music as a free resource. However, while copyright infringement is an activity no-one can condone, the industry must remain conscious of the risks involved in its activity. There is a difference between the establishment of an online operation with the clear intent to subvert music industry copyright and the trading of a couple of music files between enthusiasts who invest plenty of their hard-earned on compact discs. At any rate, Speck is promising interesting times ahead.

What do you think -- is the music industry justified in its aggressive stance against copyright-infringing activity? E-mail us at edit@zdnet.com.au and let us know.

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