Home
 » ISP News » 
Sponsored

O2 UK and BE Broadband ISP Users Receive 250 GoldenEye Piracy Letters

Saturday, February 2nd, 2013 (8:04 am) - Score 4,778

Customers of ISP O2 UK (BE Broadband) have this week begun to receive the first 250 of just under 1,000 initial internet piracy threat letters from Golden Eye International (GEIL), which targets internet users whom are suspected of having “illegally” shared (P2P) copyright content that belongs to the Ben Dover porn brand.

The situation stems from a series of recent court rulings (here and here) that have allowed GEIL to extract the personal customer details associated with just under 9,000 internet connections (logs of unique IP addresses), which all linked back to users on O2’s fixed line broadband network.

So far GEIL has only managed to convert 2,845 internet connection logs into details for less than 1,000 actual customer accounts but more will follow. O2 and BE have already warned those affected to expect letters from GEIL and the first mails have now begun to arrive.

Customers can expect to receive two letters. The first pre-action letter (example) acts as a general notice that copyright infringement has been detected, while the second focuses on a negotiated settlement sum. Consumer Focus, which challenged GEIL in the High Court, won several vital concessions that meant the tone of the letters and their included information had to meet certain strict limitations (e.g. GEIL cannot assert that the bill payer may be liable for any copyright infringement that occurs on their connection).

In addition Golden Eye cannot ask subscribers for £700 in compensation upfront, as they originally intended, and must first establish the extent to which copyright infringement may have been committed.

Consumer Focus Statement

The High Court has recognised that the subscriber, that is the bill payer for an internet connection, may well not be the individual that has committed the alleged infringement. Most internet connections in the UK are shared, that is one person pays the bill and other people in the household use it as well. Golden Eye could only identify IP addresses relating to alleged infringement of Ben Dover Production films, which identify an internet connection, not a computer or the individual at the keyboard.

In order to safeguard the rights of subscribers who may well be innocent, the High Court sanctioned a so called letter before action, or pre-action letter, which Golden Eye is required to send out. However, regardless of whether O2 and BE customers are guilty of the alleged infringement, they need to respond to Golden Eye within 28 days, setting out whether they deny the allegation, or admit to copyright infringement.

Customers whom have been targeted by the action can contact the Citizens Advice Bureau (CAB), which has been given prior notice about who would receive such messages and can offer free support. The letters suggest that some customers could face a heavy fine or court action, although such cases are rarely pursued because they’re both expensive and have a history of failure (the object of these schemes is usually to make money and court cases based on flimsy evidence rarely succeed).

It should be said that GEIL’s letters effectively ask recipients to admit their own guilt before a claim can move forward.

Leave a Comment
6 Responses
  1. Avatar Jimbo says:

    You have made a mistake in this article….

    You claim consumers whom are unable to prove their innocence could face a heavy fine or court action.

    You are wrong.

    Golden Eye must prove your guilty. An alleged infringer does not need to prove their innocence. This is key, as all Golden Eye has is an IP address linked to the bill payers ISP account.

  2. Avatar Jimbo says:

    Also,

    punitive fines are not applied in UK courts for copyright infringements. Only alleged damages can be awarded.

    Therefore, damages can be awarded if it beleived a copyrighted material was shared x amounts of times but only to the value of the infrginement.

    An arbitary fine cannot be applied in the UK. The USA is different where mutli million $ fines can be applied.

    The UK such cases are to be dealt with in the small claims court where the absolute maximum damages is £5000.

  3. Avatar cyclope says:

    And i couldn’t see them been awarded damages, even if they were awarded damages i think that they would only get the 2 finger salute from those they where persueing,A court can make whatever orders it likes, but it don’t mean that they will get 1 penny

  4. Avatar Jack says:

    Andrew Crossley’s speculative invoicing scam also involved the threat of court action, but when he had the chance to contest his claims he threw away his career rather than attempt to prove his case in front of Judge Birss.
    When it all collapsed those who had paid off Crossley didn’t get their money back because in the eye of UK law it had been a voluntary payment. GEIL are trying to trick people into making a voluntary payment, even though they have no evidence of the “works” being made available. It’s an elaborate scam, but all the same it’s a scam and Like ACS:Law’s scam it is designed to avoid judicial scrutiny.
    The community and CAB are standing by to help, Trading Standards may be worth contacting too, I certainly remember Blackpool Trading Standards sticking it to Andrew Crossley’s ACS:Law scam.

  5. Avatar Zemadeiran says:

    I enjoyed the Indian takeaway episode…

  6. Avatar Dave says:

    I am confused with this. I viewed some via a popular website, but I don’t use any file sharing. Would that be classed as piracy and if so, how am I meant to know what is piracy and what is not?

Comments are closed.

Comments RSS Feed

Javascript must be enabled to post (most browsers do this automatically)

Privacy Notice: Please note that news comments are anonymous, which means that we do NOT require you to enter any real personal details to post a message. By clicking to submit a post you agree to storing your comment content, display name, IP, email and / or website details in our database, for as long as the post remains live.

Only the submitted name and comment will be displayed in public, while the rest will be kept private (we will never share this outside of ISPreview, regardless of whether the data is real or fake). This comment system uses submitted IP, email and website address data to spot abuse and spammers. All data is transferred via an encrypted (https secure) session.

NOTE 1: Sometimes your comment might not appear immediately due to site cache (this is cleared every few hours) or it may be caught by automated moderation / anti-spam.

NOTE 2: Comments that break our rules, spam, troll or post via known fake IP/proxy servers may be blocked or removed.
Cheapest Superfast ISPs
  • Hyperoptic £22.00
    Avg. Speed 50Mbps, Unlimited
    Gift: None
  • Onestream £22.49 (*29.99)
    Avg. Speed 45Mbps, Unlimited
    Gift: None
  • xln telecom £22.74 (*47.94)
    Avg. Speed 66Mbps, Unlimited
    Gift: None
  • Plusnet £22.99 (*35.98)
    Avg. Speed 36Mbps, Unlimited
    Gift: £50 Reward Card
  • Vodafone £23.00
    Avg. Speed 35Mbps, Unlimited
    Gift: None
Prices inc. Line Rental | View All
The Top 20 Category Tags
  1. BT (2768)
  2. FTTP (2746)
  3. FTTC (1783)
  4. Building Digital UK (1740)
  5. Politics (1662)
  6. Openreach (1619)
  7. Business (1429)
  8. FTTH (1340)
  9. Statistics (1240)
  10. Mobile Broadband (1221)
  11. Fibre Optic (1062)
  12. 4G (1052)
  13. Wireless Internet (1020)
  14. Ofcom Regulation (1014)
  15. Virgin Media (1004)
  16. EE (696)
  17. Sky Broadband (668)
  18. Vodafone (666)
  19. TalkTalk (661)
  20. 5G (514)
Promotion
Helpful ISP Guides and Tips
»
»
»
»
»
»
»
»
»
»
»
»
»
»
»
»
»
»
»
»
»
»
»
»
»
»
»
»
»
Sponsored

Copyright © 1999 to Present - ISPreview.co.uk - All Rights Reserved - Terms , Privacy and Cookie Policy , Links , Website Rules , Contact