O2 condemns £500+ P2P file-sharing warning letters

Internet service provider and mobile operator O2 is the latest to join the row over measures to tackle illegal file-sharing after it was revealed thousands of controversial letters had been distributed by lawyers to suspected pirates.

It condemned the issuing of letters sent by UK law firm ACS:Law and its client DigiProtect, an anti-piracy firm which represents a number of content owners, after deeming them to be a form of bullying and threatening in nature.

Although the letters aren't specific to a customer base of any one UK internet service provider, O2's broadband customers are among those receiving these.

ACS: Law says it's managed to identify 60,000 different UK IP addresses which it believes reveals the identity of individual computers suspected of downloading copyright material. As an estimate it thinks for every 1,000 IP addresses it requests court orders for it will get approximately 4,00 real addresses.

Despite protests from O2 Broadband ACS: Law is in denial the letters are bullying in nature. Andrew Crossley of ACS: Law responded: "Neither we nor our clients threaten or bully anyone. We send out letters of claim to account holders of internet connections where those internet connections have been identified as being utilised for illegal file sharing of our clients' copyrighted work." He continued: "Our letter makes an enquiry in that regard and invites the recipient of our letter to respond to this evidence. In addition they are invited to enter into a compromise to avoid litigation."

The firm is reportedly giving letter recipients a chance to settle out of court for a fee of approximately £500 per infringement.

Speaking on the letters and requests for customer information, an O2 spokesperson said: "Where we are legally obliged to provide information and the correct paperwork is presented, we will comply with the law. But we prefer the 'win-win' approach of encouraging the development of new business models that offer customers the content they want, how they want it, for a fair price."

ACS: Law's letters have already come under the attention of the Solicitors Regulation Authority (SRA) and last month a Broadband Genie visitor passed over an email they had received from the SRA's chief executive, Antony Townsend. In this letter Townsend revealed ACS: Law had been asked to "account for their actions in relation to their pursuit of the claims".

Separate law firm Davenport Lyons has also been found to use similar letter-sending tactics dating as far back as December 2008. For this case, the SRA had also been accused of adopting "bullying" behaviour by Which? It's been a long and drawn out investigation.

Technical experts argue using an IP addresses as evidence in court isn't a solid method as it does not prove the owner of the PC was responsible for downloading.

It's a hot topic at the moment as the UK government is currently reviewing new anti-piracy policies put forward in the Digital Economy Bill which could see those suspected of downloading content illegally having their broadband connection suspended.

To read up on our previous story on ACS: Law and to find out more about the SRA's request for it to "account for their actions", click here.