NTL policy on copyright downloads

[Opium]

What is NTL's policy towards users that download copyrighted material or files?
Do they send out letters forwarded on , like some ISP's, under pressure to do so through the lawyers that represent the film and music industries?
And if so how do they rate against other ISP's that are forced through legel threats to pass on warnings from the entertainment industry in the form of letters and phone calls from your ISP to please desist from this activity or informal cqasual advice like to just download old material or even change ISP as one ISP caller suggested(perhaps in the hope of outmanouvering being caight through constant switching i suppose)?
Has any NTL user got a warning in some form? and how does NTL compare with other ISP's? Does it threaten its customers that engage in this activity with being stopped or legal prosecution if you don't comply often or as much as other ISP's? Like what imean is how does it fare compared to other ISP's? Does it buckle under the threats of legal action by the lawyers that represent clients in the entertainment industry?
Any NTL users with any experience of this themself or know NTL's rough policy/approach to the matter or track-record would be appreciated.
Genuine customer
thxs---------

[Graham F]

to be honest don't download illegal stuff then you will have no problem!!

ntl will do what is required of them when they are given info abt illegal downloads!!

[Russ]

What usually happens is the film company or publishing house (once they establish your IP and that it IS actually you who has the naughty stuff on your machine) send an email to NTL's AUP department saying the usual stuff about this is breaking copyright rules etc and then the AUP forward it to you, hoping you'll take heed and stop doing whatever it is that's annoyed them.

If they receive more complaints about you then they'll take action...

[Chris W]

From the Internet Usage Residential Terms and Conditions: http://www.ntlhome.com/legals/userpolicy.html

As a general principle, you must not use the Services in any way that is unlawful or illegal or in a way that affects the enjoyment of other users of the Services.

Nobody may use the Services, either directly or indirectly:

...

b) in a way that will be a breach of any person's rights, including a breach of confidence, copyright, privacy or any other rights; or

section 10- copyright and third party rights

Any images, photographs, articles, pages, designs, drawings, software, music, information and other materials published on the Internet and the Services are protected by copyright. Publishing material on the Internet and on the Services does not mean it is available for anyone to copy. Unless the owner of that copyright specifically states that you may copy the work, you should assume that you cannot.

It is an infringement of copyright to copy, reproduce, adapt, translate, broadcast or perform copyright protected material without permission, to make infringing copies available to the public or otherwise to knowingly deal in infringing copies.

The Services must not be used, directly or indirectly, to transmit, publish, link to or otherwise make available any confidential information or trade secrets of any person or entity.

Clearly a breach of the terms and conditions that you signed up for when you agreed to have broadband.

[Chris W]

Opium, Are you planning to use your internet connection to download copyrighted material?? i figure you are, otherwise you wouldn't be so worried about it!

[abailey152]

I've not had any dealings with NTL regarding this subject. But, any ISP has to be seen to be working against the flow of copyrighted material over its network, otherwise it would be wide open to legal action from any interested parties such as the BPI, FAST etc. If notified of any illegal activity, the ISP has to take action.

Similarly, the users are bound by agreements with the ISP, so breaking these can result in termination of the contract. Worse still, I think I remember there being a clause somewhere that says if NTL have legal action taken against them for something you have done illegally, then you agree to be liable for their losses and costs.
I've also heard of a couple of people (on the net, not personal friends) who claim to have recieved letters from NTL warning them that their P2P activities may be breaking copyright law and if so, they should stop immediatly or be in breach of contract. I'm not sure if anything went further, though.

[Russ]

The unofficial line at their AUP is that in 95% of cases they just give a warning the first time they get reports of someone having copyrighted material on their machine which was downloaded from the net. If a second (or more) complaint comes, it's usually only then they take action against the user.

[danielf]

I think the thing to be worried about is uploading rather than downloading. As far as I know, where legal action has been threatened, it was against people distributing copyrighted material, not downloading it.

[Opium]

that was quick.........**** never been that quickly replied in any forum before

But thanks immenselly guys

The reason i asked is that my wee brother got a letter from his fairADSL ISProvider he first discovered last week posted two months ago. Then came the phone call few days later after discovering the 2month old standard email. The woman gave him the casual advice i alluded to in 1st post and he was planning of changing ISP to
Virgin.net 512/256kb spped once he gives his current ISP 45 days notice(unlike Ntl year contract min.) But it obviously botheed him and he shared his line with his dad though he pays for it entirely but also he doesnt want cut off or prosecution and wishes to continue. But i guess my brother seems to be implying that some ISP's might differ though ne didnt actually say this because he suggests to me that i go to NTL's forum to see what other users experiences are and if it happens with NTL (though unlike his ISP there is no official
forum except unofficial ones like this which is maybe for the best as its impartial. Though you would think they would have theoir own forum eh?)

What about IP blocker programmes theres 2 forget the names and do they work or effective?
I'm not really worried or bothered (I say as big brother watches me this very minute) i'm just curious what NTL's track record is compared to other ISP's and if you've heard of many folk on NTL geting cauight?-more curiosity although iw ould be lieing if i said i completley don't give a rat's arse. I have got a modest criminal record as it is so im not exactly ****ting myslef but i dont, to answer one poster who suggested i was worried, wish jail or 1000000 dollar fine thankyou.

[Russ]

But having something like a film on your 'shared files' is surely implying that you're offering it to others?

[Foo Fighter]

Originally Posted by danielf

I think the thing to be worried about is uploading rather than downloading. As far as I know, where legal action has been threatened, it was against people distributing copyrighted material, not downloading it.

I've been told off for uploading stuff, learnt my lesson and dont upload that stuff anymore

[danielf]

Originally Posted by Russ D

But having something like a film on your 'shared files' is surely implying that you're offering it to others?

I presume that was in response to my post. If you disable sharing, you have no 'shared files'. The folder name is irrelevant. Some programs will still share partially downloaded files with sharing disabled though.

[Opium]

Perhaps im trying to anticipate what posssibility there is when my number comes up of me having to change my ISP so im prepared for the eventuality beforehand. And which ISP are viable alternatives
But this scenario has happened to my brother and it was he that strongly suggested I to go and check Ntl forum's user experiences on the matter. I wouldnt have come here had he not suggested i do so cos i indulge too. And i read his first or second official letter-interesting indeed.

I appreciate all comments folks everyone thxs .

[asdf]

To be honest, if their (Ntl) AUP discourages heavy illegal p2p'ers from taking out a contract with ntl then I'm all for it. Means a not so saturated upstream for us people who don't max out their connection constantly.

Although, as long as some ISP lets them on, otherwise where will I download my movies and music from? I sure as hell wouldn't pay for them.

[Keytops]

Any images, photographs, articles, pages, designs, drawings, software, music, information and other materials published on the Internet and the Services are protected by copyright. Publishing material on the Internet and on the Services does not mean it is available for anyone to copy. Unless the owner of that copyright specifically states that you may copy the work, you should assume that you cannot.

Doesn't simply viewing a (any) website involve taking what is in effect a copy of the images contained within it? Does that mean if a website doesn't state that I can do that; I'm breaking the T&C's by simply viewing it?