BT and TalkTalk lose file-sharing appeal

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barrix

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BT and TalkTalk have lost an appeal over controversial measures to tackle copyright infringement online.
The internet service providers (ISPs) had argued the UK's Digital Economy Act was incompatible with EU law.
The Act will mean ISPs will have to send warning letters to alleged illegal file downloaders, as well as potentially cutting users off.
The creative industry argues that piracy costs £400m a year in lost revenue.
The firms' lawyers said the stricter measures could result in an invasion of privacy and run up disproportionate costs for both ISPs and consumers.
In a statement, TalkTalk said it was now "considering our options".
"We're disappointed that our appeal was unsuccessful though we welcome the additional legal clarity that has been provided for all parties," the company said.
"Though we have lost this appeal we will continue fighting to defend our customers' rights against this ill-judged legislation."
A spokesman for BT said: ""We have been seeking clarification from the courts that the DEA is consistent with European law, and legally robust in the UK, so that everyone can be confident in how it is implemented.
"Now that the Court has made its decision, we will look at the judgment carefully to understand its implications and consider our next steps."
'Stop fighting' The decision was welcomed by copyright advocates.
Christine Payne, general secretary of the Actors' union Equity, called on the ISPs to "stop fighting and start obeying the law".
"Once again the court is on the side of the almost two million workers in the creative industries whose livelihoods are put at risk because creative content is stolen on a daily basis," she said.
Adam Rendle, a copyright specialist at international law firm Taylor Wessing, said he expected BT and TalkTalk to now appeal to the Supreme Court.
He added that it was also likely the companies would step up lobbying efforts, perhaps harnessing support from groups recently protesting against the US Stop Online Piracy Act (Sopa) and the EU's proposed Anti-Counterfeiting Trade Agreement (Acta).
"We know how keen internet users are to protect what they see as freedom of speech," Mr Rendle told the BBC.
"When the Digital Economy Act itself was passed in the dying stages of the Labour government, there was a huge amount of disquiet that this kind of important legislation was being introduced without proper scrutiny.
"That kind of disquiet didn't result in the kind of action we've seen against Acta and Sopa. It wouldn't be surprising to see a lot more public outcry than there was when the Act was first passed."


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http://www.bbc.co.uk/news/technology-17270817
 
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19 comments
what a load of crap and im not even with any of the above ISP's but at least they tried to fight it, haven't heard Virgin Media trying to fight it!
 
Look it makes perfect sense and this is happening in more and more countries and ISP's.

Take a file host as an example. If you are a file host you don't mind people uploading as long as your getting money. If someone reports a download you take action and remove it and ban the account. It's not great but it makes sense and it works.

It's pretty much the same with ISP. You can download as long as your not caught or reported but if someone reports you they have to take action and warn you. Ya I don't like it either but what your at is illegal. People here are forgetting that far to often.
Just don't get caught.
 
They will, if allowed, take it to the Supreme Court. So there is still a long way to go before the fight is over.
 
To be honest, unless you're a twat (aka; blatantly abusing your connection) and haven't bothered taking simple steps to ensure your privacy, such as a VPN, then you can't complain if your arse gets caught. You can't argue that paying out an extra £5 for one is unfeasible if you're already paying out £40 for your phone line and connection.

If you've made no effort and you've made it this far and think it's all Leprechauns and Fairies then carry on in your blissful ignorance. Otherwise, see you on the Dark Side. >_>
 
It is not just BT and TalkTalk, they just happen to be the companies that raised the case of judicial review.

The DEA effects every UK ISP.
 
but would it not bee easy to just get a cheap vps download to vps rar files up then download to pc that way you will nver get any complaints
 
vpn can be slow o will always get a good speed from vps or dedi

Firstly, there is no such thing as guaranteed speed.

Secondly, you are still going to have to download from the VPS to your home computer. Why not cut out the middle-man and just download directly?

Oh great, Time for new ISP!
Thought you had my back TalkTalk =/

Ummm, I don't think you have read this thread at all. As I mentioned above it effects ALL UK ISP's, it just so happens that TalkTalk and BT were the only ones to mount a legal challenge to the legislation. So they did have your back and you cannot blame them for failing.
 
Firstly, there is no such thing as guaranteed speed.

Secondly, you are still going to have to download from the VPS to your home computer. Why not cut out the middle-man and just download directly?
yes but having a vps can give you much more than just downloading i am betting you can get a good vps with good speed faster than you will pay for a good speed on a vpn. most vpn i seen only come with about 5meg speed but with a vps on a 1 gig or 100 port speed your download will be faster than that
 
torrents are the easier ones to catch you out because the ip can be seen quite easily but they used what ever tactics so nothing is full proof .....i have cut my download down drastically so as not to take too much
 
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