14 DAY TRIAL // User rights and privacy are more than empty legislative concepts in Britain. This was proven when two British Internet Service Providers refused to cut off the web services to some 17 UK users accused of piracy. British Pornographic Industry claims that the two ISP were turning a blind eye to illegal file sharing over the Internet connections they were providing, and that in doing so they were only supporting the phenomenon.
The evidence BPI produced in order to support its allegations is a single screen shot showing files shared via a KaZaA account. European ISP Tiscali has all but welcomed the BPI request arguing that: "It is not for Tiscali, as an ISP, nor the BPI, as a trade association, to effectively act as a regulator or law enforcement agency and deny individuals the right to defend themselves against the allegations made against them."
Both Tiscali and Cable & Wireless ISPs have declined to perform the actions desired of them based on the frivolous evidence represented by a single screenshot and lacking due legal process.
"We are honor-bound by data protection," says Tiscali's Neal McCleeve, managing director of media and customer operations. "And they know we cannot release information without a court order pursued through the correct legal channels." Furthermore, a press release is hardly an appropriate channel for resolving such matters.
While the file shares may be infringing on copyright law, Tiscali has taught the BPI an important legal lesson, that punitive measures can not be enforced outside of the law, no matter what form they might undertake.