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BT sends threatening letter alleging copyright infringement

bartstope
Grafter
Posts: 62
Registered: 14-08-2007

BT sends threatening letter alleging copyright infringement

http://www.theregister.co.uk/2008/06/26/bt_bpi_letter/
just wondering if plusnet are going to start spying on me/my internet activities and firing off unsubstantiated warning letters to it's customers?
35 REPLIES
itsme
Grafter
Posts: 5,924
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Registered: 07-04-2007

Re: BT sends threatening letter alleging copyright infringement

Did you read the report?
Quote
The BPI evidence BT shared with its customer consists of the Ares user agent, a timestamp, a file name and an IP number. BT's letter, from a member of its "Customer Security Team" said: "I have received a complaint regarding one of our customers offering copyrighted material over the internet. On investigation, I have found that your account was used to make this offer."
Collecting this kind of evidence does not require ISPs to monitor their customers' internet connection. BPI investigators are simply able to collect lists of IP numbers participating in copyright-infringing peer-to-peer networks and trace which operator they belong to. Assuming the ISP has agreed to do so, it can then identify the individual account holder without sharing personal information with the BPI.

BT are not doing the spying but the BPI are.
bartstope
Grafter
Posts: 62
Registered: 14-08-2007

Re: BT sends threatening letter alleging copyright infringement

nevertheless, it's legally completely untested, unprovable, and it's interesting BT are participating in such nonsense. can we expect plusnet to follow suit?
itsme
Grafter
Posts: 5,924
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Registered: 07-04-2007

Re: BT sends threatening letter alleging copyright infringement

Don't understand your comment of it being 'completely untested and unprovable' how do you think the police track internet users downloading child porngraphy?
bartstope
Grafter
Posts: 62
Registered: 14-08-2007

Re: BT sends threatening letter alleging copyright infringement

because the people stupid enough to download child pornography are also stupid enough to use their own debit and credit card. most paedophiles are caught this way.
it's legally untested; does having a mp3 file in a limewire shared folder actually constitute distribution? is the evidence collected by the bpi actually admissible in court?
itsme
Grafter
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Re: BT sends threatening letter alleging copyright infringement

Believe that BPI download the copyright files so there is no legal questions.
bartstope
Grafter
Posts: 62
Registered: 14-08-2007

Re: BT sends threatening letter alleging copyright infringement

well of course there is, the bpi have no statutory investigatory powers. just because they collected the evidence doesn't mean that it is admissible. that's usually the job of the police in criminal proceedings. 
look at it this way, it's like some random bloke taking photos of your car parked on a double yellow line and then sending the photo to the police.
what's to say the evidence wasn't tampered with? what is to say it wasn't your car, it was a cloned plate?
my point being to have an industry body collecting 'evidence' almost certainly is not admissible in court, and if it is, it sets a very dangerous precedent.
there is no way to guarantee that you are responsible for the downloading, there are many different ways the 'evidence' could be manipulated, for instance, somebody could just have installed utorrent to download a linux distribution and for a couple of minutes, completely by accident share their mp3 folder. possible. did they commit an act of distribution? and that's not to mention all the other defences one could employ such as script kiddies and somebody else using your wireless connection. 
it's a grey area and i just hope plusnet doesn't get involved in this.
itsme
Grafter
Posts: 5,924
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Registered: 07-04-2007

Re: BT sends threatening letter alleging copyright infringement

Have been tested in the courts way back in 2005, at this time there were a spate of court cases Telegraph
bartstope
Grafter
Posts: 62
Registered: 14-08-2007

Re: BT sends threatening letter alleging copyright infringement

but the difference is, they were found guilty by a court... not by bt or the bpi. as it stands, bt are sending out those emails/letters on the strength of the evidence collected by the bpi alone.
pierre_pierre
Grafter
Posts: 19,757
Registered: 30-07-2007

Re: BT sends threatening letter alleging copyright infringement

I you have nothing to hide, you have nothing to fear, just take the warning
bartstope
Grafter
Posts: 62
Registered: 14-08-2007

Re: BT sends threatening letter alleging copyright infringement

we all have something to fear if your isp is sending out a letter threatening disconnection on the strength of evidence which could easily be misinterpreted. what next? email warnings for downloading too much midget porn?
cp:quote
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Re: BT sends threatening letter alleging copyright infringement

Quote from: bartstope
... on the strength of evidence which could easily be misinterpreted.

Or just plain wrong.
Do we want to be snooped on by yet another body.
How about each home having a camera installed in every room to be sure the correct evidence is collected?
George Owell got things right - just the wrong century.

Forum Moderator and Customer
Courage is resistance to fear, mastery of fear, not absence of fear - Mark Twain
He who feared he would not succeed sat still

Community Veteran
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Registered: 02-02-2008

Re: BT sends threatening letter alleging copyright infringement

@bartstope - Who exactly is threatening what? Have you got the message/letter there and can you quote it?
I have seen the full text of "warnings" issued by other ISP's in very similar circumstances (but not BT's) and they appear appropropriate and balanced. Whether they are all the same and are merely passing on verbatim the BPI mesage I'm not sure.
itsme
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Re: BT sends threatening letter alleging copyright infringement

Quote from: Mav

Do we want to be snooped on by yet another body.

The BPI are not snooping they are downloading copyright material from this BT user.
bartstope
Grafter
Posts: 62
Registered: 14-08-2007

Re: BT sends threatening letter alleging copyright infringement

Quote from: HPsauce
@bartstope - Who exactly is threatening what? Have you got the message/letter there and can you quote it?
I have seen the full text of "warnings" issued by other ISP's in very similar circumstances (but not BT's) and they appear appropropriate and balanced. Whether they are all the same and are merely passing on verbatim the BPI mesage I'm not sure.

http://www.theregister.co.uk/2008/06/26/bt_bpi_letter/page3.html