Original URL: http://www.theregister.co.uk/2008/06/26/bt_bpi_letter/
BT starts threatening music downloaders with internet cut-off
BPI wins another ISP ally
Posted in Law, 26th June 2008 16:10 GMT
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Updated BT, the UK's largest broadband provider, has begun threatening subscribers with disconnection from the internet if it is told they are sharing copyright music over peer-to-peer networks, The Register has learned.
The firm recently sent an email to one of its four million retail broadband customers, who asked not to be named, alleging that she had illegally participated in a network sharing of Biology, a song by Girls Aloud.
The email reproduces evidence collected by the BPI. It purports to show she used the open source filesharing program Ares in May this year to infringe sound recording copyright. Ares can be used as a client for both Gnutella and BitTorrent networks.
Geoff Taylor, chief of UK record industry trade body the BPI, told The Register in a statement today: "Establishing partnerships with ISPs is the number one issue for the BPI, and we are beginning to form positive working relationships with BT, Virgin Media and most of the other major ISPs."
It's unclear whether BT has agreed to formally implement the record industry's preferred "three strikes" procedure that would see those accused of infringing music copyright warned twice and suspended or disconnected from the internet.
Taylor continued: "Everyone agrees on where we need to be, and we are working closely with our colleagues across the music community, the more progressive ISPs, and government to get us there."
BT said: "We don't comment on commercial relationships and communications with individual customers." A spokesman said BT broadband customers who are infringing copyright over peer-to-peer networks can expect a similar threat if the BPI provides evidence against them.
Accusations and evidence
The BPI evidence BT shared with its customer consists of the Ares user agent, a timestamp, a file name and an IP number. BT's letter, from a member of its "Customer Security Team" states: "I have received a complaint regarding one of our customers offering copyrighted material over the internet. On investigation, I have found that your account was used to make this offer."
Collecting this kind of evidence does not require ISPs to monitor their customers' internet connection. BPI investigators are simply able to collect lists of IP numbers participating in copyright-infringing peer-to-peer networks and trace which operator they belong to. Assuming the ISP has agreed to do so, it can then identify the individual account holder without sharing personal information with the BPI.
Committed downloaders are able to take technical counter-measures to dodge detection, but the record industry is hoping to win back the mass market - it knows the hardcore are lost for good.
The BT letter goes on to threaten that if the customer continues to fileshare illegally, her broadband account will be shut down: "Sorry, but we're obliged to point out that further similar problems may have to lead to the termination of your account, as such activity contravenes BT's Acceptable Use Policy." It recommends that she ensure her Wi-Fi connection is secure, remove all filesharing software from her computer, and pass the warning on to the rest of her household.
In the BPI letter forwarded to the customer by BT, the trade body says it will look out for further illegal filesharing on her account. "If further evidence is obtained of infringement via your internet connection," it writes, "then further action is likely to be taken against you. That action may include litigation against you, as well as the suspension by BT of your internet connection."
Education and threats
BT's disconnection threat goes beyond the recent agreement (http://www.theregister.co.uk/2008/06/06/virgin_media_bpi_deal/) by Virgin Media to partcipate in an "education campaign" with the BPI, which has been lobbying ISPs to help it combat digital piracy. The ongoing effort sees cable subscribers who the BPI identifies as illegal filesharers receive two letters explaining that copyright infringement via peer-to-peer networks is illegal and pressing them to stop. Neither letter explicitly threatens the possibility of disconnection from the internet, however*.
The prospect of disconnection is the record industry's preferred deterrent against internet users sharing copyright music. It has pressed hard for "three strikes" process, and has the support of the UK government to come to a voluntary agreement with ISPs that satisfies both sides.
TalkTalk, the UK's third largest broadband provider behind BT and Virgin media has publicly committed (http://www.theregister.co.uk/2008/04/04/arphone_bpi_three_strikes_rejection/) to never disconnecting customers for filesharing. It's known that Virgin Media made it clear during its negotiations with the BPI that it was unwilling to go as far as explicitly threatening disconnections during the trial joint "education campaign".
Sticks and carrots
In a speech last week Geoff Taylor made it clear that the record industry wants to license ISPs. He told an audience of music executives: "The next step is working in partnership with ISPs to develop new music services for UK broadband customers - services that we think could offer even greater value for regular music fans than a la carte purchases... but which still make sense as an economic proposition for the music community.
"Crucially, such services could allow ISPs to increase revenue and reduce churn, by sharing in the value that can be realised from converting illegal filesharers into subscribers to new legal music services."
As our report earlier today showed, that "next step" is already well under way (http://www.theregister.co.uk/2008/06/26/music_service_provider_talks/). Music industry sources believe UK consumers could be offered the first legal peer-to-peer services by the end of this year.
One sentence in BT's threatening email is telling: "The BPI has confirmed to us that no record company member of BPI or PPL [the body that deals with radio and other public performance licensing of music] has given permission to an individual to communicate sound recordings to the public via the peer-to-peer network that has been operated using your internet connection." There are no licensed public peer-to-peer networks - yet - so distinguishing Gnutella/BitTorrent as illegal is an odd inclusion in a boilerplate, unless ISP licensing is on its way.
The upcoming commercial opportunity to charge a bit extra for a premium "music broadband" package means there's money for the ISPs in warning their customers against illegal filesharing. Expect sabre-rattling missives like BT's to become commonplace over the next few months. ®
*Of the two letters Virgin Media customers receive only the one signed by the BPI makes a cursory allusion to disconnection. It says: "We don't want you to face legal action or risk losing your internet service - we want you to enjoy music legally."
Click the next page to read BT's disconnection threat in full...
Update
BT sent us this statement on Friday afternoon:
BT has not changed its policy for dealing with copyright infringement and we have not joined any "crusades". We do ask that our customers adhere to our terms and conditions which state that they must comply with all relevant laws and not infringe the rights of others.We do work with various bodies to help them protect their copyright material and will sometimes pass on warning notices to customers on their behalf where we feel this is appropriate. If a customer continues to be in breach of our terms and conditions then BT has the right to suspend or terminate that customer's account, though we work closely with customers to avoid this where possible.
There may indeed not have been a change in the policy. This incident is however a clear indication that like Virgin Media, BT is is bowing to government pressure to enforce that policy in partnership with the record industry.
BT's email
Dear [redacted],
I have received a complaint regarding one of our customers offering copyrighted material over the internet. On investigation, I have found that your account was used to make this offer.
This activity must stop immediately.
Sorry, but we're obliged to point out that further similar problems may have to lead to the termination of your account, as such activity contravenes BT's Acceptable Use Policy. Please note that, should your account be closed as a result of contravention of BT's Acceptable Use Policy, you will still have to pay any sums owing under the terms of your contract with us.
Please find below a copy of the Takedown Notice which we have been asked to forward to you from the BPI.
-------
BT ASDL No: [redacted]
COPYRIGHT INFRINGEMENT USING PEER-TO-PEER NETWORKS
This letter is being forwarded to you by BT. You should read it carefully.
The BPI is the UK recorded music industry's trade association. The BPI protects and promotes British music and represents the interests of British record companies that together account for 90% of recorded music output in the United Kingdom. More information on the BPI can be found on the BPI's website: www.bpi.co.uk. The BPI also acts on behalf of the musical performers and record companies that are members of Phonographic Performance Limited ("PPL").
The BPI has established that the internet connection provided to you by BT has been used to infringe copyrights that are owned or controlled by the members of BPI and PPL.
This letter sets out:
(i) the evidence that the BPI has identified in relation to your internet connection;
(ii) the rights that have been infringed (i.e. why it is illegal) via your internet connection; and
(iii) what the BPI requires you to do now.
The evidence that BPI has identified
The BPI's evidence shows that a peer-to-peer application has been installed on a computer using your internet connection. Sound recordings have been copied and stored in the "shared files directory" of that computer. That directory is now accessible to other users of the peer-to-peer application. The sound recordings in that directory have then been made available to other members of the public via your internet connection. This is an infringement of the copyright in those sound recordings.
Copyright law provides that sound recordings cannot be communicated to the public without permission.
The BPI has confirmed to us that no record company member of BPI or PPL has given permission to an individual to communicate sound recordings to the public via the peer-to-peer network that has been operated using your internet connection.
The BPI has identified your IP address. The exact time and date upon which recordings were downloaded from a computer connected to the internet using your internet connection has also been recorded.
The BPI has notified BT of this information and they have agreed to write to you.
At present, the BPI has not obtained details of your identity and address but is entitled to apply to Court for disclosure of those details, if it wishes to do so. The BPI may then bring legal proceedings against you for infringement of copyright, as it has done against other individuals whose internet connections have been used in a similar way to infringe copyright.
Equally, we would draw your attention to our Acceptable Use Policy which states:
"As an Internet user, whilst connected to the Internet via BT you must comply with the relevant laws that apply in the UK."
"These are some of the things that you must not do whilst connected to the Internet:
You must not infringe the rights of others, including the right of privacy and copyright (an example would be sharing without permission of the copyright owner protected material such as a music or video file).
Many of these activities could result in legal action, a fine or a term of imprisonment or both."
BT views any such matters very seriously. We draw your attention to the following:
"Responses to Violations:
"Violations of this Policy may result in: A demand for immediate removal of offending material, immediate temporary or permanent filtering, blocked access, suspension or termination of service, or other response appropriate to the violation
When appropriate, we allow a defined period of notice during which violations may be addressed voluntarily. However, we reserve the right to act without notice."
What you should do now
The BPI requires you to take immediate steps to ensure that your internet connection is not used to infringe copyright. It is recommended in particular that you:
1. Remove any P2P filesharing software from any computer(s) that connect to your BT internet service. Common filesharing programmes include Limewire, DirectConnect (DC++), eDonkey/eMule and Soulseek. A free piece of software called Digital File Check (which is available from http://www.ifpi.org/dfc/downloads/dfc.html) can be used to help you verify whether P2P filesharing software is installed on a computer.
2. Ensure that members of your household (and any other persons having access to your BT internet service) are aware of this letter and that you take appropriate steps to ensure that your internet connection is not used to infringe copyright.
3. Ensure that any wireless router connected to your internet connection is securely protected using encryption and password access.
It is your responsibility to ensure that your internet connection is not used to infringe copyright or otherwise to breach the terms and conditions of your BT internet connection. If you have any questions about how to ensure your internet connection is not used to infringe copyright, please send an email to digitalpiracy@bpi.co.uk and someone from the BPI will contact you.
BPI will monitor for further infringements of copyright and, if further evidence is obtained of infringement via your internet connection, then further action is likely to be taken against you. That action may include litigation against you, as well as the suspension by BT of your internet connection.
For the avoidance of doubt, all rights of the members of BPI and PPL are hereby expressly reserved.
The file or files in question are as follows
[redacted]
Please do not hesitate to contact us should you require any further assistance.
Thank you for your attention, [redacted].
Yours sincerely,
Eddie Mackay
BT Customer Security Team
http://www.bt.com/acceptableuse/
http://www.getsafeonline.org/
BT is a founding member of the Internet Watch Foundation, ISP Abuse Management Forum and the Internet Content Rating Association.
This electronic message contains information from the BT Customer Security Team, which may be privileged and confidential. The information is intended for use only by the individuals or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this message in error please notify BT by email immediately.