As reported widely in the media today, a list with names and addresses of some 8,000+ UK broadband users has been posted on the internet, along with details of adult films they are accused of sharing. The list belonged to ACS:Law, a law firm which writes letters to other ISPs’ customers that are accused by rightsholders of filesharing, demanding compensation payments.
I say ‘other’ because TalkTalk has never given any customer details to ACS:Law or any other law firm working on this basis, so our customers will not be affected by this breach.
It’s a stark reminder of the dangers of giving out customer details to third parties in trying to combat filesharing. While we do not condone illegal filesharing, we have consistently argued for better ways of combating copyright theft. Handing over customer details to law firms to seek ‘compensation’, based on accusations from rightsholders, is not the answer.
Tracking down illegal filesharers is complex and the current approach isn’t working. The first problem is around detection: if you can only see what’s being downloaded at each connection, how do you know which of the several users has actually infringed copyright?
Secondly, we’ve demonstrated before how it’s possible for connections to be hacked by serial filesharers. Again, this can result in false accusations being made against subscribers and is the key reason why we’ve refused to hand over our customers’ details to ACS:Law or any other law firm working in this way.
We have applied for a Judicial Review to re-evaluate the online infringement of copyright provisions of the Digital Economy Act which will use the same flawed detection methods and received insufficient Parliamentary scrutiny. You can get involved through the DEA Facebook page and Open Rights Group’s petition.
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Victor
Well done, TalkTalk. It’s so refreshing to see an ISP standing up for its customers for once and taking a principled stand, rather than just doing the easy, or most profitable, thing.
It really does beggar belief that ACS:Law are still allowed to practice in the UK.
Rob
At least call it what it is. Copyright infringement maybe, but definitely NOT copyright theft.
There IS a difference, as much as the Media companies may like to call it, there is NO such thing as copyright theft. You can’t suddenly steal the copyright of a film/song.
Richie
It’s good to see TalkTalk standing firm on this issue.
Who made the ISP’s the free police force of Copyright infringements??
As a professional photographer I have long sinced battled against the illegal use of my images, but I have never expected Talktalk or any other isp to enforce my copyright for me or to assist in my recovering losses!
Rob; You are right in as much as it’s a copyright infringement, but if the image/video/brand mark etc has a monetary value, then it IS theft.