This is good news for Justice folks, The British Phongraphic Industry (BPI) where trying a new tactic that would have broken the data protection laws if complied with.
http://www.slyck.com/news.php?story=1243The BPI’s effort to streamline their enforcement approach has already hit its first obstacle. Out of the 59 suspected Internet accounts, 17 belong to Tiscali. But suspending those accounts will not be the cakewalk the BPI had hoped for. In a written response to the BPI, Tiscali informs the trade organization that only one suspected account has enough supporting evidence to warrant not even a suspension – but a warning.
“…we have contacted the customer, in respect of whom you have provided partial evidence of communication to the public of copyrighted sound recordings and have given such customer seven days from the date of receipt of our letter to provide an explanation. Should we not receive an adequate explanation during such period, we shall suspend the user's account pending resolution of your investigation, assuming by that time we have received evidence from you of a link between the user account and the IP address at the relevant time.”
It is not for Tiscali, as an ISP, nor the BPI, as a trade association, to effectively act as a regulator or law enforcement agency and deny individuals the right to defend themselves against the allegations made against them.”
“As you will already be fully aware, Tiscali will not be able to disclose customer details to you unless you obtain a court order requiring us to do so. To disclose without a court order would put Tiscali at risk of breaching the terms and conditions of its customer agreements, and the provisions of the Data Protection Act 1998.”
I hope you all agree this robust response from Tiscali demonstrates that they take their obligations regarding their customers rights seriously.
Here is the full Tiscali reply on Slycks forum second post down
http://www.slyck.com/forums/viewtopic.php?t=24172This is the second time this has occured, dont they ever learn ?
http://news.zdnet.co.uk/business/0,39020645,2132085,00.htmI think they just need to understand the law a little better, go to court if you have real proof of infringement if not stop wasting other peoples time with cretinous publicity stunts.
