5 September 2008

Topware Interactive and the ISP6

It has been reported that Topware Interactive, a computer game developer, has obtained a high court order compelling ISPs in the UK to reveal the identities of users who are suspected of illegal file sharing online.

CyberPanda is eager to know which ISPs other than BT and Virgin Media are involved. In addition, CyberPanda is also eager to learn what specific information will be disclosed and on what facts are taken into account, before a decision is made that a specific user might be involved in illegal file sharing. The danger here of course is that orders might be obtained against users on the basis of very flimsy factual evidence. CyperPanda is not suggesting that this happened here but it might very well happen in the future unless the necessary caveats are drawn out when the order is made, relating to how the determination of whether or not a user is a suspect, is made.

It will be interesting to see how this matter progresses and whether users will accept settlement offers or would prefer to go to trial despite the hefty award of damages that might be made against them. It will also be interesting to see which companies (and in particular from the music indsutry) will follow suit.
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