Feeds

Premium-rate calls watchdog to join battle against pirates

Copyright cop pledges total British intolerance

Top 5 reasons to deploy VMware with Tegile

The UK's regulator of premium rate services (PRS) will pass on details of copyright infringing websites to service providers under a new "proactive" arrangement with police and music industry representatives, it has announced.

PhonepayPlus said that PRS providers notified of copyright infringing sites could be charged under the Proceeds of Crime Act (POCA) if they then subsequently made "arrangements" with operators of the illicit sites to help users pay for the pirated music.

"It is important to note that, if any provider has been put on notice that a service is illegal and either continues to provide, or subsequently provides, payment services to, or for, the site(s) in question, the provider may be criminally liable under Section 328 of the Proceeds of Crime Act," the regulator said in a notice to PRS providers. Under POCA a person is generally guilty of an offence if they enter into or become concerned in arrangements they know or suspect "facilitate (by whatever means) the acquisition, retention, use or control of criminal property by or on behalf of another person".

Under the new notification scheme the City of London Police (CoLP) and the International Federation of the Phonographic Industry (IFPI) will inform PhonepayPlus of "any promotional material, including but not limited to websites" that is suspected of offering illegally copied music to be downloaded through "premium rate means", the regulator said. The information will then be passed on to individual PRS providers "to ensure they are aware of the potential risks of contracting with clients associated with such promotional material," it said.

To date PhonepayPlus has received notice of 24 infringing websites and police are currently investigating 38 other "unlicensed services", the regulator said.

PhonepayPlus said it was taking the "proactive" step to notify providers of potential infringers because of the "risk" that copyright infringers would try to sell pirated music through PRS. It said Visa, Mastercard and PayPal were already working with CoLP and IFPI to prevent the sale of illegal content through their services.

"Until relatively recently, pirated music downloads were almost exclusively paid for by consumers using credit cards," PhonepayPlus said.

"However, following discussions between IFPI and CoLP and providers of credit card services, credit card companies have begun to identify and exclude merchants offering pirated music. There is therefore a risk that those who still intend to offer pirated music may now turn to PRS as a quick and easily accessible form of payment. While there is little evidence at present of pirated music being offered using PRS, PhonepayPlus has agreed to work proactively with the IFPI and the CoLP in order to prevent potentially criminal activity damaging the ongoing reputation of the overall PRS market," the regulator said.

Claire Smith, copyright law expert at Pinsent Masons, the law firm behind Out-Law.com, said that owners of copyrighted music could also sue some companies involved in operating PRS if those firms do not prevent customers paying for copyright-infringing content that they have been notified about under the UK's E-Commerce Regulations.

Under the Regulations a service provider is generally not liable for any copyright-infringing material accessed by users of its service if it "acts as a mere conduit, caches the material, or hosts the material".

Beginner's guide to SSL certificates

More from The Register

next story
Facebook pays INFINITELY MORE UK corp tax than in 2012
Thanks for the £3k, Zuck. Doh! you're IN CREDIT. Guess not
Happiness economics is bollocks. Oh, UK.gov just adopted it? Er ...
Opportunity doesn't knock; it costs us instead
YARR! Pirates walk the plank: DMCA magnets sink in Google results
Spaffing copyrighted stuff over the web? No search ranking for you
In the next four weeks, 100 people will decide the future of the web
While America tucks into Thanksgiving turkey, the world will be taking over the net
Microsoft EU warns: If you have ties to the US, Feds can get your data
European corps can't afford to get complacent while American Big Biz battles Uncle Sam
Don't bother telling people if you lose their data, say Euro bods
You read that right – with the proviso that it's encrypted
prev story

Whitepapers

Choosing cloud Backup services
Demystify how you can address your data protection needs in your small- to medium-sized business and select the best online backup service to meet your needs.
Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.