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Premium-rate calls watchdog to join battle against pirates

Copyright cop pledges total British intolerance

How to stay out of trouble

In order to avoid any liability for unlawful material, the service provider must, upon gaining "actual knowledge" that the initial unlawful source has been removed or access to it has been disabled, act 'expeditiously' to ensure that the information is deleted from its cache or ensure that access to it is disabled.

Under the PhonepayPlus Code of Practice companies that provide a "platform" or "any other technical service" enabling consumers to access PRS services and companies that control or are responsible for "the operation, content and promotion" of PRS "and/or the use of a facility within the PRS" are considered to be subject to the rules set out in the E-Commerce Regulations.

Those companies that help PRS providers operate their services could also face investigation under the Code if the providers are found guilty of the POCA offence, the regulator said.

Under the Code PRS network operators, consumer platform providers, and those companies in control or responsible for the "operation, content and promotion" of the PRS are required to conduct a risk assessment of their involvement in the service.

Those companies must "assess the potential risks posed" by entering into contracts for the provision, promotion, marketing and content of PRS which they help provide or facilitate "and take and maintain reasonable continuing steps to control those risks", the Code states.

Network operators and the consumer platform providers for PRS must also "perform thorough due diligence on any party with which they contract in connection with the provision of premium rate services and must retain all relevant documentation obtained during that process for a period that is reasonable in the circumstances", according to the Code.

PhonepayPlus can issue a range of sanctions for breaches of its Code, including handing out fines and barring companies from being involved in helping provide PRS for defined periods.

The regulator said that it was "pleased" to be helping in the fight against copyright infringement.

"We are working with PRS providers and the trade bodies who represent them to make sure a clear message goes out – there is no place in the UK PRS market for illegal content that infringes copyright," Paul Whiteing, chief executive of PhonepayPlus said in a statement.

The IFPI, which represents 1400 artists and recording companies in 66 countries, said PhonepayPlus' "commitment" would make it difficult for copyright infringers to obtain payment for pirated music.

"Pirate websites hoping to use phone payment services as a replacement for the credit card facilities withdrawn from their sites will find they are unable to do so," Frances Moore, chief executive of IFPI said.

"These illegal business that rip-off artists, songwriters and record producers are finding it ever harder to continue to ply their lucrative trade," Moore said.

CoLP said that the "collaboration" would help "clamp down" on illegal file-sharers.

"By working in close collaboration we are making sure that payment avenues previously open to fraudsters to facilitate digital piracy are being blocked even before they have had the chance to exploit them," Detective Superintendent Bob Wishart of CoLP said.

"This proactive approach also sends out a clear message that copyright infringement will not be tolerated in this country," Wishart said.

Copyright © 2011, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

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