I personally think the robots.txt issue with Phorm/webwise has still a long time to run. Yes I consent to my website being visited by the Google bots. After all they can make my website money. But no I don't consent to Phorm/webwise/OIX pinching my potential customers by tempting them elsewhere.
Hopefully some big players in this market may step into the fray and put their legally earned cash into some anti Phorm/Webwise lawyers pocket and worry a few ISP executives. Perhaps we should start a donation hat fund for the incidental expenses involved
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Websites should have a proper Opt-In arrangement. I consent to Phorm/Webwise intercepting my site traffic - NOT!