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UK ISP Not Convinced By Recording Industry's Unequivocal Evidence
from the your-move dept
Yesterday, we wrote how the recording industry group in the UK, BPI, was pushing for ISPs to cut off the accounts of people caught file sharing. We noted that the fundamental idea made sense, but that we doubted the recording industry would follow through fairly. It appears that's correct. If there is evidence that the user is violating terms of service, then the ISP has every right to determine what to do with that customer -- including cutting them off. Instead, it looks like the BPI is suggesting that any time they send any notice, the ISPs automatically cut off the user. In fact, one of the ISPs named in the article yesterday seems pretty pissed off at the BPI, noting that, despite the claims of "unequivocal evidence," the evidence given doesn't show very much at all, and certainly not enough for them to cut off any users. The ISP also notes that the whole thing was a "media ambush," as the BPI apparently got the press to write about the letters sent to the ISPs before the ISPs even saw the letter themselves. So even in what had the chance to be a reasonable plan, the recording industry is screwing things up again. As we said yesterday, the interesting thing will be how the industry responds when the ISPs fail to cut off these users. At least in the case of Tiscali, that's happened. Now let's see how the recording industry responds.
Reader Comments
(Flattened / Threaded)
And what makes the recording industry think they have say in any matters on this Earth other than in their own organization? I should start my own business, because apparently I can go and tell any company I want how and what to do like I am Uncle Sam.
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Re: by Chris G
I don't like green eggs and ham, Uncle Sam I am.
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It was never going to happen
Hey we think these people are "stealing" from us, so do us a favor and cut off your paying customers, thus reducing your income as well (in a highly competative market) because it would be the "right thing to do"
Yeah right
The BPI knew there was little chance of ISP's doing this because quite simply there is nothing in it for the ISP's, except revenue loss. Hence the press release before the isp's even knew about it.
Now the BPI will do one of two things,, nothing or somehow try to drag the ISP's into criminal proceedings for "aiding" illegal filesharers
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Re: criminal charges
as is stated clearly in UK law, and has been upheld in every case of this kind: carriers are not responsible for the content of the packets that they carry. furthermore, under uk law, at least, copyright violations of this kind are either civil violations, or torts, and as such, it would be impossible for then to impose a secondary *criminal* liability to the ISP.
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Now let's see how the recording industry responds.
Recording industry: Just don't ask silly questions, like 'where's your proof?'. Just trust us when we tell you it's for the children, and it is really protecting your interests, and keeping all the 'criminals' from destroying music all-together... mmmmmm-trust-in-us-mmmmmmm.
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great way for the ISPs to gain customer loyalty.
Dear Mr. Smith,
We recently received a request from the BPI to terminate your ISP service from our company. After review, we have rejected their request and found that your use of our service is within our TOS.
Keep downloading!
Cheers,
CEO Company XXX
=customer for life.
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Poplicity
I really doubt that ISPs would bother with the BPI request. Plus, what BPI is forgetting is that they might be able to stop people here in the UK from downloading (providing the ISPs take actions), it might prove difficult to conveince ISPs over the world to do the same...
In any case, it is a good way to generate poplicity, as it is all over the news at the moment....
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From: RIAA
To: Small Mom and Pop ISP
Re: Copyright infringement
It has come to our attention that the following list of accounts from your ISP (see attached: entire client list) is actively participating in online piracy and infringing on our copyrighted works (translation: We have proof they log on to the net). Unless this situation is rectified immediately (translation: We'll be expecting a large settlement from your ISP, the list of real names for your client list and the termination of their accounts) we will proceed to release the attack lawyers to feast on your hopelessly outclassed company.
Thank you very much
RIAA
"We're working for YOU to make a better world!"
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