Up to 13,000 BT customers accused of illegally downloading content are likely
to receive legal letters in the new year.
The letters from ACS:Law Solicitors will be demanding payments of hundreds of
pounds, and thousands of customers from other internet service providers (ISPs)
may also be affected.
ACS Law started sending letters to people it believed to be guilty of using
illegal peer-to-peer sites in May this year but other firms, such as Davenport
Lyons, have been sending similar letters since 2007.
25,000 letters are estimated to have been sent out by law firms in the past
two years, according to data from
Being
Threatened?, which claims to protect innocent individuals in such cases. Now
the scale has reached unprecedented levels and marks a significant step up in
copyright holders pursuing illegal downloaders.
ACS:Law obtains its information on individuals who have been file sharing
through data monitoring companies that track file-sharing networks.
Andrew Crossley, a lawyer at ACS:Law, said that the mailout to BT customers
was the result of information from a German tracking client called
DigiProtect,
which apparently identified 25,000 IP addresses linked to illegal downloading.
ACS:Law sent the Digiprotect data to BT which, as an ISP, is legally obliged
to send back the names and addresses of the customers linked to the IP
addresses.
Crossley explained that many of the 25,000 addresses will link back to the
same individual, and only around half will receive letters once the redundant
and repeat addresses are omitted.
BT said that it could take up to nine months to supply ACS:Law with the
details, which would see the letters sent next August, although Crossley expects
the details to be handed over before that, probably in January.
ISPs including TalkTalk and BT have complained that music, film, software and
video game publishers have failed to prosecute illegal downloaders with
sufficient rigour, and that this has led to business secretary Peter Mandelson's
three-strikes
proposals to tackle illegal downloading, which the ISPs strongly oppose.
Mandelson's proposals will see individuals found downloading illegal content
cut off from the internet after multiple attempts and warning letters.
However, ISPs claim that internet access should be considered a human right
and should not be restricted without a court order. ISPs are also against the
proposals because they will have to bear the brunt of the cost of enforcing
them.
The European Telecoms Package was
finally
passed this week and, although widespread debate remains on how the wording
should be interpreted, there is growing evidence that the European Union will
not
support Mandelson's plans because of the importance of a judicial process.
If this is the case, rights holders will have to continue to rely on
companies such as DigiProtect, which is likely to lead to more letters from law
firms to customers deemed to have downloaded content illegally.
"This is what we have been saying all along. There are already processes in
place to prosecute illegal downloaders. Copyright infringement is wrong and
rights holders should enforce their rights and use established procedures to
prosecute," said a BT spokesman.
Another area of controversy is the amount of money being made by the tracking
companies and law firms. ACS:Law is currently trying to introduce
minimum
fines of £750 in a drive to introduce the notion of statutory damages for
copyright infringement, as is in place in the USA. The firm is also warning
letter recipients of the
cost
of going to court.
There are also organisations which argue that many recipients of the letters
are likely to have had their IP address hijacked by those wanting to access
illegal content without being caught.
Being Threatened? has argued that innocent people often pay to get rid of the
problem, and described the large amount of stress it can cause.
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