HEADS UP ALL ENTA CUSTOMERS

LoadsaMoney · 23 Jan 2008 at 13:40

Just found this posted over at ThinkBroadband (formerly ADSL Guide) by Jason of UKFSN.

Quoted:-

I have received a notice from Enta letting us know that they have been served with a court order requiring them to reveal the contact details of a number of our customers (and, I presume, those of other partners) who are alleged to have been involved in distributing copyright materials - specifically "Two Worlds"

The notice specifies that a firm of solicitors called Davenport Lyons will be making a mass mailing shot to all those whose details have been disclosed in accordance with the court order.

Note that Entanet had no choice but to reveal these details in accordance with the orders of the court and that their policy remains that they will only ever disclose such details where required to by court order or in compliance with a properly served RIPA notice from the police. Customer details are never otherwise disclosed.

Anyone who is using p2p or similar services that distribute copyright materials for which you do not have a license should be aware that a number of copyright holders (or organisations representing groups of them) are now moving towards threats of legal action and that ISPs are required under law to co-operate with court orders for disclosure.

I have already notified all UKFSN customers who are affected by this specific incident.

Better check those e-mails, i didn't even know what Two Worlds was till i googled it.

DJMK4 · 23 Jan 2008 at 15:02

I havnt recieved anything :confused:

Never heard of 2 worlds but im to assume that this only involves people who are re-distributing illegally obtained conent?

LoadsaMoney · 23 Jan 2008 at 15:23

[Sniper][Wolf];10953661 said:
I havnt recieved anything Never heard of 2 worlds but im to assume that this only involves people who are re-distributing illegally obtained conent?

Yes, and its a new game apparently.

bigredshark · 23 Jan 2008 at 16:11

I have a feeling this the lawyers in question were invloved in a similar case a while back where they got in trouble for sending out very dodgy letters. (they weren't signed by a partner as they were meant to be, included no evidence and amounted to demanding money with menaces). Be interested to see what they're up to this time...

V-Spec · 23 Jan 2008 at 16:23

doesn't suprise me to be honest, since ISPs now have to give out details of offending customers...
I'd say you're taking a big risk with some of the P2P sharing these days, its taken them this long to get the ISPs to comply, now they have done people will get hammered.

A2Z · 23 Jan 2008 at 16:31

http://torrentfreak.com/uk-bittorrent-users-under-more-pressure-from-lawyers-080111/

basically a scare tactic...nothing to be worried about i guess

bigredshark · 23 Jan 2008 at 16:53

A2Z said:
http://torrentfreak.com/uk-bittorrent-users-under-more-pressure-from-lawyers-080111/

basically a scare tactic...nothing to be worried about i guess

Thats the one. They have no case and no hope of getting you to pay in court. Particularly with their lack of evidence...

If anybody actually gets a letter from them I'd suggest getting a lawyer friend to reply, taking them apart piece by piece...

LoadsaMoney · 23 Jan 2008 at 17:35

A2Z said:
http://torrentfreak.com/uk-bittorrent-users-under-more-pressure-from-lawyers-080111/

basically a scare tactic...nothing to be worried about i guess

No, but stupid Enta. have made the resellers give them the customers details (which they didn't have to do), so id be miffed at that, as now those customers who have had their details given, are going to be hounded for money to settle, that doesn't have to be given.

marc2003 · 23 Jan 2008 at 17:51

LoadsaMoney said:
No, but stupid Enta. have made the resellers give them the customers details (which they didn't have to do), so id be miffed at that.

what are you on about? enta have all your details anyway.

LoadsaMoney · 23 Jan 2008 at 17:53

marc2003 said:
what are you on about? enta have all your details anyway.

I see what you did there now, was confused at first..

$anch3z · 24 Jan 2008 at 11:12

I suppose all the other isp's mentioned in that article should be mentioned also - Be Un, BT, Easynet, Eclipse, Entanet, Eurisp, Fasthosts, Kcom, Opal, Orange, Pipex, Plusnet, Supanet, TalkTalk, Thus and Tiscali

LoadsaMoney · 24 Jan 2008 at 12:42

Whats more worrying is, did these guys say to Enta., we'll give you £50 for every customers details you give us, as it seems Enta have just rolled over, these guys can't do diddly squat over here.

lokkers · 24 Jan 2008 at 13:15

they have been served with a court order requiring

How is that rolling over?? They are surely bound by law to give the details over :confused:

LoadsaMoney · 24 Jan 2008 at 18:51

lokkers said:
How is that rolling over?? They are surely bound by law to give the details over

No they aint, this is the UK, Davenport and Lyons cant apply German Law here.

Indy500 · 24 Jan 2008 at 18:53

LoadsaMoney said:
No they aint.

What basis did the court decide this on? Did they get given IPs and analyses of traffic packets? Only Enta could do that...

Ah wait, it says:

Use an unaudited, untested p2p tracking system to capture IP addresses

This time, the courts weren’t so sympathetic. They have just decided that this man CAN’T be held responsible for the infringing actions of others, just because his name was on the bill. The court decided that as the record companies could neither prove that the fireman shared the material nor that he knowingly failed to prevent infringement, he could not be held liable. The decision in Frankfurt stated that adult family members don’t even have to be instructed or controlled by the connection owner unless they are suspected of committing any file-sharing activity. Another court has rejected the liability of a company in case an employee committed copyright infringement using the company’s internet connection.

It is of MY view, Davenport Lyons, that a UK court would take the same position. An IP address alone does not identify an infringing individual, so get used to it.