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Originally Posted by Peter N
A copyright notice does not prevent anyone from accessing or using the data on a website.
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A copyright notice licences the use of a literary work. No one is entitled to breach the copyright licence (unless exempt by copyright law).
Particularly so if the use of that work is harmful to the copyright owner (as Phorm undoubtedly is).
Quote:
Originally Posted by Peter N
Also remember that copyright is a matter for a civil court so you'll not get a definitive answer to thse questions until and unless a possible breach occurs and you bring a case against those responsible.
Also remember that you have to prove that your copyright has been breached and then establish who is responsible for the breach and in this case it may be the end user especially as BT have a clause that makes the customer responsible - it's the reason why they can restrict your account if anyone in your house illegally downloads copyrighted music.
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The proof (in a civil case) is balance of probability.
The end user is not responsible for the copying process, nor is the document in the possession of the end user when it is copied, nor does the user get the opportunity to read any copyright restriction before the document is copied.
The problem is entirely the ISPs to deal with.
You can prove which ISP requested a document by source IP address range.
You can prove statistically, the balance of probability (or even use the evidence of leaked UID cookies) that a web page was copied many times.
Quote:
Originally Posted by Peter N
The copyright issue can only be settled in court after the system goes live - until then it is a moot point.
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Absolutely. As a moot point, it is still worth discussing though.