Quote:
Originally Posted by AlexanderHanff
Again, I have to disagree, in a case of this magnitude it is important to fight it with the strongest laws available. RIPA is Criminal Law and therefore is a very good starting point. Fraud Act, Computer Misuse Act etc are also criminal law so again they are suitable. Torts are not particularly useful (Copyright is a tort for example) because they require significant financial support to be carried through the courts, a requirement many of BTs customers could simply never meet when facing teams of lawyers and barristers from BT. Joe Public doesn't need any money to bring action under Criminal Law as the CPS does it for them.
If we rely on Copyright law and other torts then that means only big companies (like Amazon, Google, eBay etc.) would ever have their rights upheld (because BT would settle out of court rather than go to court and cause significant damage to their public trust and likely lose), but it leaves hobbiests and non profit organisation little chance of having their rights upheld as they would not be able to finance a civil case.
Yes CDPA is a well know and heavily used piece of legislation and should certainly be included in the arsenal where applicable, but I would never class a tort as more suitable than relevant criminal law in any circumstances.
I appreciate you don't like Phorm either and I appreciate you have your own opinion, but I do not agree with it in the slightest.
Alexander Hanff
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ALEX IF YOU'D READ what I wrote I WAS SAYING WE SHOULD USE RIPA, BUT STICK ONLY TO THE ISSUE OF PRIVATE WEB CONTENT.
In fact my original post, which you really should refer to, was spurred on by discussions over CDPA, to which I responded by saying it was almost pointless pursuing the copyright argument.