"we can rely upon website owners' implied consent where websites have not taken steps to make their sites inaccessible generally"
you really,really have to include something like "if you rely on that defence with all websites having auto (C) not to mention explicit, 'not for commercial use' and 'interception by Phorm/webwise strictly forbidden' type notices, will get you upto 10 years in prison plus fines per offence committed...
we have taken advice about bringing court cases against commercial piracy for profit infringers and believe our approach is both entirely reasonable and complies with relevant legislation.