Carphone Warehouse ISP, under threat from music industry
by Alan Harten
The Carphone Warehouse is under threat after the music industry managed to acquire an injunction, which intends to force the company to make a stance against customers who are illegally downloading music.
Carphone Warehouse is the first UK, ISP who refused to accept the music business’s proposed “three strikes” crack down on illegal music downloader’s. The BPI who represents all the major recording companies says that it is only attempting to forge a ‘partnership’ with ISP’s in their attempts to stop downloading.
Apparently, the BPI sent Carphone Warehouse a letter stating that they would take the company to court, unless they attempted to stop the illegal downloading. The fax said, “Accordingly, unless we receive your agreement in writing that within 14 days Carphone Warehouse will implement procedures set out above, we reserve our right to apply to court for injunctions and other relief without further notice to protect our members’ rights,”
Carphone Warehouse exec’s said, “They have been quite heavy-handed in way they have threatened us,” and “They are trying to position this as ‘we are friendly and we all want to work together’, but they are threatening legal action at the same time in their first letter to us.”
Carphone position is that the proposals are “unreasonable and unworkable” and Carphone would “take every practical and legal step to defend its customers”.
The BPI said: “TalkTalk have more than just a social responsibility to help customers avoid using their accounts illegally. And that, “We have legal rights and, instead of enforcing them, we have sought to negotiate voluntary solutions, as we have with every ISP, But there has been much talk and no action, and our letter reminds TalkTalk of our legal rights. If, as it would appear, TalkTalk are not interested in partnership, we must consider how to proceed.”
The music industry has been running scared for the last few years as CD sales slip lower each year, and is seeks voluntary co-operation from the ISP’s whilst also threatening legal action.
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Be Broadband, T&C’s
“only you control the content you upload or download using the Be network. We have no responsibility for any such content”
Comment by Tom Fotheringham — April 7, 2008 @ 8:26 am
What a joke. Talk Talk aren’t interested in putting lots of money into an unworkable plan and so the BPI want to take them to court.
Talk Talk was right in saying BPI just want to shift the work to someone else.
Comment by Tim Kermode — April 7, 2008 @ 8:28 am