The war on file-swapping is being fought in the US courtroom

As the war on music pirates gets personal, experts warn that it could be remarkably easy to expose those users who regularly visit and download music using peer-to-peer software such as Kazaa and Grokster.

The music industry's new-found role as piracy police will see it using software that monitors traffic to and from computers to find out the internet address of the file-swappers.

Once the record industry has an internet address, it can approach an internet service provider to reveal the identity of the person using that connection.

Every computer on the net has a unique internet address. This number is attached to every message sent by the computer.

Robot spies

FILE-SWAPPING FACTS 2.6 billion songs and other files swapped each month Heavy users risk lawsuits of up to �90,000 Four US students have already agreed to pay damages to RIAA US court recently ruled Grokster and Kazaa could remain in business

Using peer-to-peer programs, file-swappers have to reveal their true net address in order to be sent the music or movies they have requested.

With an estimated 2.6 billion songs, movies and files being swapped each month, there will be plenty of addresses for the US-based Recording Industry Association of America to track down.

It is planning to use software robots to troll for copyright violations, as well as sending warnings to universities and businesses demanding they remove illegal material.

It has already been disrupting the file-sharing networks with fake files of its own that play just white noise.

However security experts describe the process of gathering internet addresses using the virtual spy software as child's play.

Legal dispute

Once armed with an internet address, the RIAA pledges to launch individual lawsuits of up to �90,000 against the users themselves.

Of course an internet address, unlike a physical address, does not necessarily pinpoint the individual responsible for downloading files.

How file-swappers are fighting back

Although it is technically easy to identify the file-swappers the music industry could be entering a legal minefield when it comes to the last mile of tracking down users.

The RIAA would then obtain a court subpoena forcing the internet service provider behind the address to disclose the real identity of the user.

ISPs have records showing exactly whose account was being used on which computer, although they do not always keep these records.

And they argue that the RIAA must first file a lawsuit against the anonymous customer before his or her privacy can be breached.

A court battle has been rumbling since last summer between the RIAA and US ISP Verizon, when the phone company refused to hand over the personal details of an alleged online pirates.

A US judge has recently ruled in favour of the music industry but Verizon has lodged an appeal.

The music industry also runs the risk of alienating further millions of customers who buy music legitimately as well as using file-swapping services.

Increasingly it is being seen as out of step with the changing nature of music distribution and the file-swappers remain defiant.

Alienating fans?

Grokster's President Wayne Rosso has pledged to "fight back using every means at our disposal".

And the history of the war against the file-swappers does not bode well.

Despite the RIAA's victory over original file-swapping service Napster, it has so far failed to put the genie back in the bottle as free music proliferates on the net.

Millions more users have come online since Napster was shut down.

The RIAA and the music labels it represents may be banking on the fear factor, hoping that the ease with which it can identify the individuals behind the file-swapping phenomenon to be warning enough for users to stop their downloading.