Piracy warnings to ADSL users: IS explains
A few ADSL users received an unpleasant surprise recently when they received a warning from their Internet Service Provider (ISP) about illegal download activity on their account. According to a Web Africa subscriber he was threatened with being blacklisted unless he stopped using BitTorrent.
The Web Africa communication to their subscriber read: “IS (Internet Solutions) has informed us that you are downloading illegal software. Please note that illegal software will not be tolerated on the IS network. If you could please refrain from using BitTorrent again. Reason being that IS has your IP address and they will block you as well as black list you.”
Web Africa explained that while illegal use of its network is not acceptable, practically speaking the enforcement is largely determined by their upstream suppliers like IS. “The reseller model currently gives us little room for maneuverability,” said Web Africa CEO Matthew Tagg.
Tagg further said that they will not terminate a user’s account, unless they receive a court order to do so. “Web Africa is not a voluntary police force for the media industry,” Tagg pointed out.
While Web Africa does not seem particularly keen to buckle down to pressure from the international media industry, they are still dependant on Internet Solutions as an upstream provider for their ADSL accounts.
Internet Solutions explains
Internet Solutions says that its Acceptable Use Policy (AUP), which customers accept on signing the Terms and Conditions of Service, clearly state that its infrastructure may be used only for lawful purposes.
“Transmission, distribution or storage of any material on or through the infrastructure in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws,” the IS AUP states. “Therefore, it is not about the medium used but the unlawful content,” IS said.
Internet Solutions however said that they will only react upon receipt of an abuse complaint. “As an ISPA member IS is obliged to take appropriate action where it becomes aware of any unlawful content or conduct,” the company explained.
It is understood that Internet Solutions simply forwards complaints from international movie houses or copyright protection agencies to clients or account resellers, and that it is not actively monitoring users’ Internet usage.
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