Monday, 7 April 2008

ISP's to "Police" the web

Sample of Pipex letter to a friend of the SLLU:

Pipex Account ***********
Notice of Possible Termination of Service

Pipex has received a letter from BPI (British Recorded Music Industry)
Limited ("BPI"), which is the recorded music industry's trade
association in the UK and also represents performers and record
companies that are members of Phonographic Performance Limited ("PPL").
The BPI has provided us with evidence which appears to show that your
Pipex internet connection has been used to infringe copyrights owned or
controlled by the members of BPI and/or PPL.
The BPI claims that the evidence shows that a peer-to-peer application
has been used to copy and store sound recordings in the "shared files
directory" of a computer connected to the internet via your Pipex
internet connection. In addition, it shows that the "shared files
directory" was accessible to other users of the peer-to-peer
application. The BPI claims it was able to download sound recordings
from that directory. The BPI has recorded the exact time and date when
the sound recordings were available in the directory and were downloaded
and has identified the Tiscali IP address (i.e. the unique internet
address assigned to an internet connection each time it connects to the
internet) of the internet connection used to make sound recordings
available to other internet users. Our records show that this IP
address was assigned to your Pipex internet connection at the relevant
date and time.
Copyright law provides that sound recordings cannot be communicated to
the public without permission. The BPI has informed us that the
copyright in these sounds recordings is owned or controlled by the
members of the BPI and/or PPL and has confirmed to us that no member of
the BPI or PPL has given permission to an individual to make available
or communicate sound recordings to the public via a peer-to-peer
network. If the allegations made against you by the BPI were true, they
would amount to a breach of copyright law. In addition, such a use of
your Pipex internet connection would breach our terms and conditions and
our acceptable use policy.
Pipex does not determine complaints between third parties, such as the
BPI and Pipex customers. We have not provided details of your identity
and address to the BPI, but we have agreed with the BPI to send this
letter to you.
However, you should be aware that the BPI is entitled to apply to court
for disclosure of those details, and if the court were satisfied that
the BPI had sufficient evidence that copyright infringement via your
internet connection had taken place, the court could order Pipex to
disclose your details to the BPI, who may then bring legal proceedings
against you for infringement of copyright in BPI member sound
recordings. Those proceedings may be brought against you or against the
person who has used your internet connection to infringe copyright.
In this instance, we would ask that if such any infringing activity has
taken place over your Pipex internet connection that you desist from
these activities or we may consider termination of your account. Pipex
views any breach of its terms and conditions and acceptable use policy
very seriously. We draw your attention to clauses 10 and 11 of your
agreement with Pipex, which provides that we can suspend or end your
Services immediately and without notice if you breach our terms and
conditions or our acceptable use policy.
What else can you do?
It is your responsibility to ensure that your internet connection is not
used to infringe copyright or otherwise to breach the terms and
conditions of your agreement for your Pipex internet connection and
there are other measures that we can suggest you take to ensure that
such activity is not undertaken without your knowledge:
* Ensure that members of your household (and any other persons
having access to your Pipex internet service) are aware of this letter
and that you take appropriate steps to ensure that your internet
connection is not used to infringe copyright; and
* Ensure that any wireless router connected to your internet
connection is securely protected using encryption and password access.
The BPI will monitor for further infringements of copyright and may try
to access the "shared files directory" again via your Pipex internet
connection. If no further evidence of such copyright infringement is
found, it is highly unlikely further action will be taken by the BPI.
Yours sincerely

Pipex Abuse Response Team
Pipex Internet Limited

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