Shipoftheline
12-07-2006, 10:46 AM
I found this rather shocking which is why I'm posting in news.
Tiscali has refuted claims from the British Phonographic Industry that it is "turning a blind eye" to illegal music filesharing, instead accusing the music body of using "press tactics" without providing sufficient legal backing for the allegations.
The BPI yesterday called on Tiscali and fellow internet service provider Cable & Wireless to suspend 59 UK web accounts to stamp out "industrial scale" illegal music filesharing.
However, Neal McCleave, the managing director of media and customer operations at Tiscali, said he was "disturbed by the BPI's tactics in immediately going to the press".
"Of the 17 users they [the BPI] allege illegally downloaded music, they have only provided evidence about one customer," he said.
The evidence provided was use of the filesharing website Kazaa. Mr McCleave said he was awaiting evidence on the other 16 accused customers.
"We are suspending that customer and writing to ask them about defending themselves," he added.
"The BPI are asking us to release information on customers but they know it has to be done through the correct authorities.
"We are honour-bound by data protection and they know we cannot release information without a court order pursued through the correct legal channels."
Tiscali has had a difficult relationship with the music industry this year.
Last month, the internet firm's executives attacked the European music industry, saying record labels had made it "virtually impossible" to promote legal music online after being forced to close its filesharing service after just five weeks.
In April, the ISP launched the Tiscali Juke Box service to allow consumers in Italy and the UK to listen legally to streamed songs and share them with other registered users.
However, despite the service being given the green light, it has now been judged by the record companies as being "too interactive" because of the extensive search functionality available to users.
The service will remain down unless Tiscali removes the search function - which it says would defeat the purpose of the entire product - or it agrees to negotiate interactive rights with each label.
Yesterday, the BPI accused some ISPs are "turning a blind eye" to illegal filesharing and not taking effective steps to stop it.
The BPI chairman, Peter Jamieson, said that he was providing the ISPs with "unequivocal evidence of copyright infringement via their services".
The BPI also said it had gathered evidence using the unauthorised filesharing networks themselves.
Whenever an individual uses a filesharing network, he or she reveals the unique internet protocol address of the account being used at that time.
From this, the BPI said it has identified which ISP provides the service, however, only the ISP knows to which individual the IP address belongs.
Forty-two of the web accounts the BPI wants suspended are with Cable & Wireless.
Until now, the BPI has concentrated its efforts on individuals, pursuing legal action against 139 uploaders.
The four cases to have gone to court have been found in the BPI's favour and another 111 uploaders have chosen to settle out of court, each paying out up to %u00A36,500.
world-of-digital.com (http://media.guardian.co.uk/newmedia/story/0,,1818123,00.html)
So it would seem the BPI are trying to get people kicked off the internet but refuse to give the ISP evidence of any wrong doing
Tiscali has refuted claims from the British Phonographic Industry that it is "turning a blind eye" to illegal music filesharing, instead accusing the music body of using "press tactics" without providing sufficient legal backing for the allegations.
The BPI yesterday called on Tiscali and fellow internet service provider Cable & Wireless to suspend 59 UK web accounts to stamp out "industrial scale" illegal music filesharing.
However, Neal McCleave, the managing director of media and customer operations at Tiscali, said he was "disturbed by the BPI's tactics in immediately going to the press".
"Of the 17 users they [the BPI] allege illegally downloaded music, they have only provided evidence about one customer," he said.
The evidence provided was use of the filesharing website Kazaa. Mr McCleave said he was awaiting evidence on the other 16 accused customers.
"We are suspending that customer and writing to ask them about defending themselves," he added.
"The BPI are asking us to release information on customers but they know it has to be done through the correct authorities.
"We are honour-bound by data protection and they know we cannot release information without a court order pursued through the correct legal channels."
Tiscali has had a difficult relationship with the music industry this year.
Last month, the internet firm's executives attacked the European music industry, saying record labels had made it "virtually impossible" to promote legal music online after being forced to close its filesharing service after just five weeks.
In April, the ISP launched the Tiscali Juke Box service to allow consumers in Italy and the UK to listen legally to streamed songs and share them with other registered users.
However, despite the service being given the green light, it has now been judged by the record companies as being "too interactive" because of the extensive search functionality available to users.
The service will remain down unless Tiscali removes the search function - which it says would defeat the purpose of the entire product - or it agrees to negotiate interactive rights with each label.
Yesterday, the BPI accused some ISPs are "turning a blind eye" to illegal filesharing and not taking effective steps to stop it.
The BPI chairman, Peter Jamieson, said that he was providing the ISPs with "unequivocal evidence of copyright infringement via their services".
The BPI also said it had gathered evidence using the unauthorised filesharing networks themselves.
Whenever an individual uses a filesharing network, he or she reveals the unique internet protocol address of the account being used at that time.
From this, the BPI said it has identified which ISP provides the service, however, only the ISP knows to which individual the IP address belongs.
Forty-two of the web accounts the BPI wants suspended are with Cable & Wireless.
Until now, the BPI has concentrated its efforts on individuals, pursuing legal action against 139 uploaders.
The four cases to have gone to court have been found in the BPI's favour and another 111 uploaders have chosen to settle out of court, each paying out up to %u00A36,500.
world-of-digital.com (http://media.guardian.co.uk/newmedia/story/0,,1818123,00.html)
So it would seem the BPI are trying to get people kicked off the internet but refuse to give the ISP evidence of any wrong doing