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Old 04-08-2008, 14:02   #13248
AlexanderHanff
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Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]

Quote:
Originally Posted by feesch View Post
Agreed! DO I agree with Police having access to little black boxes at ISP level, What about your boss monitoring what goes on via your exchange server? So you look at something online, against company rules, and you get sacked. How would that stand in court? That is generally the thrust of that argument.

I guess the anology would be better would be what right does WH Smith have to have a say in how to advertise in magazines on their shelves, and by that I mean they are far removed from the media publisher. Reality is WHS are keen to justify effects of circulation versus advertising having an impact on the audience alongside the publisher. To that level media IS about reaching the right audience, and if they could work out that one store sells one type of magazine based on their demographics aginst another store, then their is a connection between the seller and the media publisher, and what magazines to stock.

Now appreciate the web is a different gambit, but to some degree they are operating as a conduit. I think that is how the ISPs see themelsves in relation to the website owners. They are not mutually exclusive.

I am answering your question to show their side, as opposed to endorsing methods, here.
Well Well so you are the front line of the Phorm PR Campaign now eh? Just been catching up on your posts and whereas your prose are nicely gilded you don't appear to have listened to a word anyone has said or even taken into consideration the issues being raised.

Firstly Phorm is illegal; there are no ifs or buts it is illegal under common/civil law and it is illegal under criminal law and no amount of pretty words is going to change that.

As for your analogy above about a company reading emails that come in on their Exchange Server, you need to research this a little more because yes it is criminally illegal and yes there has been case law which found parties guilty and issued a criminal sentence as a result (See Demon Internet CEO case) and the decision -was- upheld on appeal AND the case was prosecuted as a violation of RIPA.

You ask Peter where he was during the parliamentary debate on this issue, well surely if you had the all singing all dancing tracking world that you envision you would already know that. I was in the House of Lords discussing these issues with the Earl of Northesk and in communications with Baroness Miller whim both work in one of the Houses of Parliament.

I suggest you make sure you get your Cheque and it clears from Phorm before typing more as their funds are dwindling and I hate for you not to be able to cover your mortgage should the cheque bounce.

You seem to think this is a guaranteed scenario and that Phorm -will- win; I beg to differ. They have currently lost the battle in the US, lost the battle in Canada, lost the battle with the European Commission and really annoyed the South Koreans. They will lose the battle here in the UK too (in fact I would say they already have looking at their share price and the complete lack of confidence in their stock.)

Alexander Hanff

---------- Post added at 13:51 ---------- Previous post was at 13:45 ----------

Quote:
Originally Posted by feesch View Post
Last time I tried to get sky (couple of years back), and knowing from others who subscibe to service, it 'was' a requirement. Would need to check if has subsequently changed then. Either way, that was their reason and intention. Why else would there there be a need to faciliaite a two-way connection to a satellite box? Curious to know if they have ditched this or have some technological improvement to facilitate this another way, as they would need to 'see' what the viewer is doing for business justification surely?
Actually I will support you on this, Sky T&C state that for the first 12 months you must have a telephone line plugged in to your box. However, the box still works without the phone line plugged into it and after 12 months there is no longer any requirement under T&C. Furthermore, Sky to my knowledge have made very very little attempt to enforce their T&C on this point.

Alexander Hanff

---------- Post added at 14:02 ---------- Previous post was at 13:51 ----------

Quote:
Originally Posted by phormwatch View Post
OK, so I've had no offers to distribute Phorm Flyers on the Tube. I live 2 hours from London, so it would be a right pain for me to do it.

If no one is willing to take this up, then we should concentrate on other ways of getting the word out. Talking amongst ourselves on CableForum will do little to further the campaign unless what we talk about translates into action.

Any concrete ideas, suggestions?
Portly Giraffe emailed me about this I believe he has something planned.

Alexander hanff
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