The words 'horse', 'gate', and 'bolted' came to mind last week, when Dick Doyle, the head of the Irish Recorded Music Association (Irma), strapped on his cowboy hat, shook the dust from his spurs and clicked the safety latch off a useless gun that shoots one of those 'bang' flags.

He was interviewed on various radio stations, spluttering about Irma's latest plan to force internet service providers (ISPs) – namely Eircom – to block their users from accessing Pirate Bay, a website where people can download music, films, games and other items illegally. Major record labels EMI, Warner Music, Universal Music and Sony (Irma is a representative body for record companies in Ireland) have already been through the mill with Eircom. This year they reached a settlement in the courts with Eircom agreeing to operate a 'three strikes and you're out' policy, disconnecting any user who was repeatedly warned about downloading illegally.

Eircom is the only ISP giving this argument any heed. Other ISPs are flat-out refusing to engage with Irma, with UPC (Chorus NTL), which provides broadband to more than 120,000 subscribers in Ireland, refusing to block the website saying: "UPC has informed the rights holders that there is no basis under Irish law requiring an ISP to block access to certain websites and that it will not agree to a request that goes beyond what is currently provided for under Irish law."

There are a couple of reasons why Irma dragging their knuckles through the courts is a stupid procedure, while their attitude towards Pirate Bay becomes an obsession.

Firstly, Pirate Bay is just one site of this kind. You can block it all you want, but there are more out there, and more will take their place if they're shut down.

Secondly, when it comes to the big picture, Doyle simply doesn't know what he's talking about. Sure, he understands the legal issues surrounding copyright law, he under­stands he can make ISPs comply with court orders, he understands the service Pirate Bay provides and why he doesn't like it. But he lacks a fundamental under­standing of how the industry is progressing at grassroots level, at the level of the heart of the industry – the music fan.

Music fans don't particularly want to pay for all the music they listen to anymore. If they are out of their teens, they have spent much of their lives lining the pockets of record labels by buying overpriced CDs from which artists see only tiny profits. Music fans have rapidly adapted to a climate where you can listen to anything at anytime. They digest huge amounts of music daily. Some they download illegally, some they buy legitimately, some they delete, some they pre-order, some they remember, some they forget. But it's about volume and access. Every waking minute, the internet greets us with an unremitting tidal wave of information. Everything is accessible. Access is instant. Access to music does not mean spending €20 in Golden Discs on an album you mightn't even like.

That said, people who download music illegally aren't complete freeloaders. According to a study by BI Norwegian School of Management illegal downloaders and filesharers buy 10 times more music legitimately than those who don't download illegally. Why? Because people who download large amounts of music are huge music fans, and have no problem parting with their cash for a decent product.

Thirdly, the attitude towards copyright infringement has changed, and the industry and Irma needs to respond. The music industry is in a heap because it failed to do this when file­sharing was in its infancy. In the aftermath of the trial of the founders of Pirate Bay in Sweden this year, the Swedish Pirate Party grouping won two seats in the last European elections. In membership terms, it's the third-largest party in the country. Since then, the German Pirate Party landed its first seat in the German parliament. There are nine national Pirate parties registered across Europe. Artists are also responding to changing parameters. The Creative Commons license – where artists decide which rights they reserve – is gaining in popularity.

In Irma's crusade, musicians have been conspicuously silent. Do they even agree with the battle Irma is fighting, supposedly on their behalf? What Irma and the major labels won't tell you is musicians, artists and filmmakers are adapting to the democratisation and fragmentation of the industry. To paraphrase multimillionaire rapper 50 Cent, if they steal the CD, they might buy the T-shirt. Things are different. Irma and the major labels should cop on, catch up and stop making fools of themselves, and Eircom should know better than to be complicit with their demands.

umullally@tribune.ie