Broadband News
News, views and analysis
"See you in court!": TalkTalk risks Ofcom fines for disconnection opposition
15 Apr 2010 | 10.36 Europe/London
TalkTalk has warned copyright holders that it will go to the greatest lengths legally possible to not cooperate with their demands to have suspected files shares’ details handed over.
The Digital Economy Act, passed at the start of April, strengthened the rights of copyright holders to require ISPs to disconnect the accounts of subscribers suspected for persistent illegal downloading.
TalkTalk had been the most vocal opponent of the proposals and a week after claiming it would not cooperate with requests to pass on the details of alleged offenders a spokesperson for the ISP maintained its opposition will continue.
“Unless we are served with a court order we will never surrender a customer’s details to rightsholders. We are the only major ISP to have taken this stance and we will maintain it.
“If we are instructed to disconnect an account due to alleged copyright infringement we will refuse to do so and tell the rightsholders we’ll see them in court.”
The spokesperson confirmed that the ISP will continue to campaign against the Act in the hope the part which it terms ‘draconian’ will be dropped.
Ofcom fines?
Paddy Gardiner, a partner in the Intellectual Property and Media team at law firm, Eversheds, believes this stance will place them in opposition to Ofcom and could lead to large fines.
“Talk Talk has been vociferous in its opposition to the copyright infringement provisions in the Bill which, if it maintains its stance and refuses to implement those provisions will inevitably lead to a clash with OFCOM,” he predicts.
“The regulator has the power to impose substantial fines of up to £250,000 on ISPs who fail to comply with their obligations under the Bill. TalkTalk may also consider legal challenges to the Bill, but that would be a long-term battle. Other ISPs will watch with interest to see if TalkTalk does go head to head on this issue with the new government post-May 6th and in particular whether OFCOM is ready to impose financial penalties on them.”
The Digital Economy Act, passed at the start of April, strengthened the rights of copyright holders to require ISPs to disconnect the accounts of subscribers suspected for persistent illegal downloading.
TalkTalk had been the most vocal opponent of the proposals and a week after claiming it would not cooperate with requests to pass on the details of alleged offenders a spokesperson for the ISP maintained its opposition will continue.
“Unless we are served with a court order we will never surrender a customer’s details to rightsholders. We are the only major ISP to have taken this stance and we will maintain it.
“If we are instructed to disconnect an account due to alleged copyright infringement we will refuse to do so and tell the rightsholders we’ll see them in court.”
The spokesperson confirmed that the ISP will continue to campaign against the Act in the hope the part which it terms ‘draconian’ will be dropped.
Ofcom fines?
Paddy Gardiner, a partner in the Intellectual Property and Media team at law firm, Eversheds, believes this stance will place them in opposition to Ofcom and could lead to large fines.
“Talk Talk has been vociferous in its opposition to the copyright infringement provisions in the Bill which, if it maintains its stance and refuses to implement those provisions will inevitably lead to a clash with OFCOM,” he predicts.
“The regulator has the power to impose substantial fines of up to £250,000 on ISPs who fail to comply with their obligations under the Bill. TalkTalk may also consider legal challenges to the Bill, but that would be a long-term battle. Other ISPs will watch with interest to see if TalkTalk does go head to head on this issue with the new government post-May 6th and in particular whether OFCOM is ready to impose financial penalties on them.”
I wonder if you're found not to have download any illegal content, can you get compensation from your ISP for failing to protect your personal data?
15 Apr 2010 | 11.40 Europe/London