[SimonHickling]

Another vote for academic / technical breach of copyright

Hi Simon,
Strictly speaking there's an argument that a system like Phorm infringes copyright by copying and analysing pages for the purpose of serving ads elsewhere. In reality, I can't see site operators doing anything about that. I doubt we would be bothered by such use. The infringement argument strikes me as an academic, technical one. You have probably read this argument already, though, if you read my editorial on Phorm (http://www.out-law.com/page-9090).

Regards,

[redacted]



From: Simon Hickling [redacted]
Sent: 13 July 2008 00:55
To: [redacted]@out-law.com
Subject: Copyright Notice



Hi,

I have been looking at some of the articles on your site and found them most informative and useful, thank you.

I am interested in your copyright notice and wondered how it would fit in with the Phorm/Webwise system currently being considered by BT, Talk Talk and Virgin Media? Given that this system uses a copy of the content as transmitted in order to provide targeted advertising, my understanding of both their system and the Electronic Commerce (EC Directive) Regulation 2002, suggests that it would be illegal for them to profile your site content for commercial gain? They could also be treated as a publisher of that information, but would not include any specific disclaimers regarding legal advice.

I would be interested in your opinion if you are in a position to give it. If you cannot could you please let me know?

Again thanks for an informative site.

Regards

Simon Hickling


PS I would welcome the opportunity to pass any reply on to others with similar interests via the forum at cableforum.co.uk. I f you would prefer me not to please let me know in your reply. Anything posted will NOT include any identifying data about yourself.