NTL promoting copyright infringement - Page 27

downquark1 · 25-09-2003, 11:55

http://www.nthellworld.com/forum/sho...&postcount=266

Apparently the ASA are investigating now

**Chris** · 25-09-2003, 12:07

Quote:

Originally posted by downquark1
http://www.nthellworld.com/forum/sho...&postcount=266

Apparently the ASA are investigating now

I have also had one of these letters from the ASA, confirming that they are investigating. I will post the outcome in this thread.

andygrif · 25-09-2003, 15:33

Did anyone report this to the RIAA or MPAA as well? Just curious!!

**Chris** · 25-09-2003, 15:54

Quote:

Originally posted by andygrif
Did anyone report this to the RIAA or MPAA as well? Just curious!!

Not that I'm aware of from reading the thread, although there were threats.

There would be little point however, as the RIAA and MPAA have no jurisdiction here, whatever they might like to think.

th'engineer · 28-09-2003, 10:31

wonder if someone might have done it because they are a US company

then the RIAA or MPAA can talk to the NTL bondholders.

etccarmageddon · 28-09-2003, 12:10

Quote:

Originally posted by timewarrior2001
Well its now the 24th September and Lo and behold, todays edition of my local free rag carries the very same advert that set this thread off.

Now call me cynical but if the ASA were going to act surely they would have prevented this advert being used again?

please scan it in - what paper is it in?

**Chris** · 03-10-2003, 17:26

OK, an update for you all. I have received the following letter from the ASA today.

Quote:

Since our last letter, we have considered your complaint and we shall take it up with the advertisers. A leaflet outlining our complaints procedure is enclosed.

When we have reached a preliminary recommendation, we shall advise you and the advertisers so that you may both have an opportunity to comment before we put the recommendation to the ASA Council for a decision.

Yours sincerely

According to the attached leaflet, we are now at a stage where the the investigating executive has already decided that there is a case to answer. We are now at the Investigation stage, during which NTL has the opportunity to accept a breach of the code, or deny it and produce evidence in its support.

More details when I hear from them again.

Shaun · 03-10-2003, 17:40

Quote:

Originally Posted by towny

OK, an update for you all. I have received the following letter from the ASA today.

According to the attached leaflet, we are now at a stage where the the investigating executive has already decided that there is a case to answer. We are now at the Investigation stage, during which NTL has the opportunity to accept a breach of the code, or deny it and produce evidence in its support.

More details when I hear from them again.

Cheers Towny, nice to know that we were right. I wonder what will happen?

**Chris** · 03-10-2003, 17:46

Quote:

Originally Posted by dellwear

Cheers Towny, nice to know that we were right. I wonder what will happen?

The leaflet is vague on that point. Once all the evidence is in, there is a draft adjudication which both NTL and I get to comment on. After that the ASA Council decides. If they find against NTL, the advert 'must be withdrawn or amended'. There is no mention of fines, or any other penalty, but I thought the ASA had fined them in the past over other ads so I'm a little confused on this point.

andygrif · 03-10-2003, 22:45

Quote:

Originally Posted by towny

The leaflet is vague on that point. Once all the evidence is in, there is a draft adjudication which both NTL and I get to comment on. After that the ASA Council decides. If they find against NTL, the advert 'must be withdrawn or amended'. There is no mention of fines, or any other penalty, but I thought the ASA had fined them in the past over other ads so I'm a little confused on this point.

I think that pretty much sums up the ASA - sometimes there's not much rhyme or reason as to the judgements they reach, but of all of the regulators out there they are one of the better ones.

04-10-2003, 12:32

Quote:

Originally Posted by towny

...Once all the evidence is in, there is a draft adjudication which both NTL and I get to comment on. After that the ASA Council decides. If they find against NTL, the advert 'must be withdrawn or amended'...

The trouble is, all this takes time. You normally find that by the time the ASA has made a decision, the offending company reply with, "The ad campaign has run its course now, so we won't be using it again anyway".

I think most advertisers know this, so can put (almost) anything they like in their ads, knowing that the campaign will be finished by the time the ASA has dragged it's feet.

ntl customer · 05-10-2003, 16:24

I don't know if this has been mentioned before in the thread, but I was put on hold by ntl yesterday (as per usual) and had to endure the usual torture of the three/four variations of the tinny on-hold music rotated over and over again, plus the adverts in between.

Now I normally don't pay much attention to the adverts but I could not help but wonder at the legality of one of them. It said something like 'if you're after MP3's at more MPH then you should get broadband from ntl home'.

Are ntl trying to promote the downloading of illegal MP3 files using their broadband service?

Although having said that, I do download MP3's using P2P software, so I'm not really in a position to say that it's wrong, but at a time where the RIAA are taking people to court over the issue of sharing copyrighted music, I think ntl are being a little bit risky with it.

Bill Payer · 05-10-2003, 18:46

Quote:

Originally Posted by ntl customer

Are ntl trying to promote the downloading of illegal MP3 files using their broadband service?

I think you'll find that the other ISPs advertise along similar lines.
There are sites where you can legally download music,for a fee,so they're covered.
The argument in this particular advert centres on the implication that Spiderman was "legally" available for download.

ntl customer · 05-10-2003, 19:00

Quote:

Originally Posted by Bill Payer

There are sites where you can legally download music,for a fee,so they're covered.

Yes, but have you ever heard of these sites that offer 'legal' MP3 files for a fee that you would find on things like Kazaa?

I certainly haven't and the sites that do offer music that isn't in MP3 (usually WM with DRM to stop it from being copied).

Bill Payer · 05-10-2003, 19:14

Quote:

Originally Posted by ntl customer

Yes, but have you ever heard of these sites that offer 'legal' MP3 files for a fee that you would find on things like Kazaa?

This is why I like the p2p culture.Being able to obtain long deleted albums,concert performances,(foreign) radio sessions.The stuff that you cannot buy in the shops or online (legally).