Quote:
Originally Posted by murraypaul
The question does arise.
It doesn't matter whether it is infringement or not, it matters whether the rightsowner claims it it is infringement or not.
There is nothing in the DEA act that allows your ISP to reject a complaint because they do not think it is a valid claim of infringement.
If the rightsholders make a complaint against you, that complaint will be logged by your ISP, and you will be warned.
So I ask again, what would your response be? Would you 'consider that they are in a better position to determine the licensing terms of their own products than I am'?
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My response would be, if it were a groundless accusation "accuse away". Because you're rather missing the point: this is the first stage in the process and has no effect on the consumer.
The next stage in the process is that the rights-holder can request an "anonymised" list from the ISP of all customers who have exceeded a certain level of complaints in a given time period (that period to be defined by OfCom regulations). They then have to go to court, present their evidence to the court, and get a court order for the ISP to release subscriber information. At that point, if they wish, they can institute legal proceedings for copyright infringement through the courts.
ie, although the initial accusion requires no legal proof, the subsequent steps in the process DO involve the courts - very much so - and no alleged infringer faces punishment without the ability to defend themselves in court.