Sorry, should have explained clearly... I didn't seek to be compensated for the suspension period... I meant the times my CM has gone down for over a week and ntl don't seem interestead in sorting it out.

As for the prison thing, are you sure?? lol
How long is the min / max sentence for uncapping then?

no need to appologise ;) How so?

Same scenario isn't it?

Eh?:shrug:

I am unsure how I Have "already done it".
There must be some kind of invisable wording in that advert that I cannot see.
Show me, i.e Highlight where it says "Join NTL and you can use your connection for copyright theft".

And for your information I am very liberal minded, If my son came home form school swearing, whcih indeed he will one day.
I would simply point out that its ok for him to know these words but he shouldnt really say them too often because its not very nice.
I certainly wouldnt chastise him for doing somehting ALL kids do.

If the article was merely a discussion of what goes on on the internet, there would be no wrongdoing on ntl's part. But it is not merely a discussion. It is in the context of an advertisement, and the reasonable assumption is that anything said in an advert is intended to support the proposition that you buy/subscribe to the product being described. So when NTL advertises its broadband internet, and tells people they should sign up, and then issues statistics about illegal activities as part of that advert (without saying these are illegal and warning you not to do it), we can reasonably conclude that they are inciting people to commit an illegal act. IMHO. But I think the ASA might agree.

Ahh, ask CS for compensation grasshopper and it shall be yours, though only at rate of whatever you pay per day. Higher levels of compensation are reserved for those who pay for SLAs.

Well yes, it's theft, and also violation of Computer Misuse Act, no idea of the penalties involved.

No, it's not. For starters, if my son came home from school with that kind of language, apart from dishing out a clip round the ear, I would also take the responsibility for myself. Any child of mine would know the right and wrong words to use, regardless of what some teacher has told them.

Towny you raised some interesting points there, and I would normally accept them as being good enough, however, I think its wrong. The Advert isnt the best written advert I've seen, no Far from it.

What I contest is that some of the users on here have rushed headlong into this argument and are trying their best to even their personal gripes with NTL. Not only this, but they are also on the other hand demanding NTL spend money to upgrade the network and enable the 2Mb connection speed also to remove the download CAP.

Now the way I see the advert is this:-

Its predominantly an NTL advertisment for BB internet. They then have a side panel seperated from the main advertisement by a border, and within this border it repeats some facts about internet usage as a whole.

The advertisment in my oppinoin is poor, as it doesnt state where those facts came from. But anyone with a ha'peth of intelligence would know that they are not talking solely about NTL home BB connections there.
I am not saying NTL dont deserve a ticking off because the advertisement is poor and doesnt carry T&C small print.

I also dont think reporting NTL to FACT for this matter is appropriate either.

But, assuming you've sworn at some time in your life, doesn't the fact that you tell your son off for the same thing make you a hypocrite too?

I have been working with FACT and FAST for a number of years now and can assure you that this is EXACTLY what FACT need to know about.

Adverts like this WILL promote the downloading of copyrighted material.

I am quite happy to stop moaning about NTL when NTL have some respect for there customers.

Remove the CAP

:D

I will will stop posting on this site and others is that a deal when NTL actually listen and remove the CAP

Oh right - so what it looks to me like you're sayng is -

'I have the hump about the cap, and I couldn't give a **** about the promotion of illegally downloading material - it just suits my agenda to p1ss ntl off anyway I can until I get my own way'.

Excellent. :rolleyes:

You're right, where borders between items on news pages has been the key deciding factors in many a court case, more usually where libel is concerned. But the panel in this case doesn't separate the information from the advert, it's simply a 'sidebar' - a list of related facts that don't easily fit into the main narrative of the text. As such it is still clearly part of the advert. The overall headline also extends over the top of the sidebar, reinforcing this.

On the issue of it not saying these downloads were achieved using NTL connections, again you're right it doesn't. However I've never suggested that this is what NTL are saying (can't speak fow what others have posted) and I don't think they need to be saying this to be inciting illegal activity. They are advertising boradband, then pointing out what some other people use the internet for. The context of this suggestion clearly implies that they see these statistics as a good thing.

These may seem like pedantic details, but as both FACT and the ASA are now clearly involved, they are exactly the issues that are going to get mulled over by the agencies, and, I think, sweated over by NTL's lawyers, who I am certain can't have okayed this before it went to print.

That kind of behaviour doesnt need promting its rife anyway, but I guess its ok as long as someone doesnt acknowledge it happens?

As for you uncapping you CM, just because you didnt use the extra bandwidth doesnt make it permissable or acceptable.
Your actions then, as now, could have a detrimental affect on others service.

That is the ONLY reason I am against your actions. I agree the advert is a bad advert but it also doesnt state your wording, it possibly infers it, but only if you want to see that.

So you'd be OK with the school teaching him language like that and NOT pointing out it is wrong??

I know I wouldn't! I'd be straight on to the education authority!

Well sussed out OB and quite happy to carry on doing it till my service is restored to what i signed up for UN CAPPED