Unlike those in the US, Internet providers in the UK are not obliged to forward copyright infringement notices to their subscribers. This means that local Internet users are spared the typical warnings that are so common elsewhere.
Despite the lacking legal requirements, some anti-piracy groups do send copyright infringement notices to UK ISPs. In most cases these are ignored by the providers, but last week TalkTalk forwarded a notice to one of its resellers.
In the email the ISP asks Opal Solutions to forward the notice in question to one of its subscribers who allegedly shared a pirated copy of “Godzilla”. In addition the reseller was urged to take “preventive” measures, but what these should be is left open.
“Please see below copyright infringement email regarding an IP address of one of your clients, Please inform your client and take necessary preventative measures,” TalkTalk wrote.
At the bottom of this article is a copy of the original copyright infringement notice TalkTalk forwarded. It is a typical DMCA style notice sent by IP Echelon on behalf of Warner Bros.
IP Echelon didn’t make any effort to customize the notice for the UK audience. The email specifically references US copyright law, which doesn’t apply to the reseller or TalkTalk.
What’s most noteworthy, though, is that TalkTalk has decided to pass on this notice. The ISP is not known to forward these notices to its own subscribers, yet they appear to be urging a reseller to go beyond what’s required by law.
The forwarded email is most likely an attempt to avoid any type of liability. The question that remains is this: if TalkTalk do this with resellers does this mean they will start warning their subscribers as well?
Earlier this year the news broke that TalkTalk and other UK providers will voluntarily start sending infringement notices under the VCAP program. While VCAP isn’t going into effect before the summer of 2015, TalkTalk’s forwarded infringement notice could suggest that they might do something sooner.
Below is a full copy of the copyright infringement notice.
We are writing this message on behalf of Warner Bros. Entertainment Inc..
We have received information that an individual has utilized the
below-referenced IP address at the noted date and time to offer
downloads of copyrighted material.
The title in question is: Godzilla
The distribution of unauthorized copies of copyrighted television
programs constitutes copyright infringement under the Copyright Act,
Title 17 United States Code Section 106(3). This conduct may also
violate the laws of other countries, international law, and/or treaty
Since you own this IP address
we request that you immediately do the following:
1) Contact the subscriber who has engaged in the conduct described
above and take steps to prevent the subscriber from further downloading
or uploading Warner Bros. Entertainment Inc. content without authorization; and
2) Take appropriate action against the account holder under your Abuse
Policy/Terms of Service Agreement.
On behalf of Warner Bros. Entertainment Inc., owner of the exclusive rights
in the copyrighted material at issue in this notice, we hereby state that
we have a good faith belief that use of the material in the manner
complained of is not authorized by Warner Bros. Entertainment Inc.,
its respective agents, or the law.
Also, we hereby state, under penalty of perjury, that we are authorized
to act on behalf of the owner of the exclusive rights being infringed
as set forth in this notification.
We appreciate your assistance and thank you for your cooperation in this
matter. Your prompt response is requested.
Any further enquiries can be directed to [email protected]
Please include this message with your enquiry to ensure a swift response.
Email: [email protected]
Address: 6715 Hollywood Blvd, Los Angeles, 90028, United States
– ————- Infringement Details ———————————-
Torrent Hash: c5cdf551eea353484657d45dbe93f688575a1e31
Filesize: 2485 MB