Sky Complaint

stew2709

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Mar 23, 2005
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Some prat on CS asked me to email my complaint regarding my billing acount to [email protected]

Got the following auto reply WTF? Are they takin the piss




Dear Customer,

You have been asked to direct your query to this mailbox due to a recent letter you have received in relation to an alleged copyright infringement. We hope that the information below will answer your questions concerning this letter.

The background to the letter you have received is that BSkyB has recently received a court order via a law firm alleging that you infringed a copyrighted work or works by downloading it or them from the internet to your computer’s hard drive, contrary to sections 16(1) (a) and (d) of the Copyright, Designs and Patents Act 1988.

The law firm should already have sent you details of what you allegedly downloaded. The owner of the copyright in the work(s) you have allegedly downloaded has decided to assert its rights in the work(s) and therefore the law firm appointed have obtained a court order which required us to provide them with details about the subscriber who owned the account from which the Work(s) were downloaded.

Please note that we are legally obliged to comply with court orders, and do not provide any further information than is necessary to comply with the order.

The correspondence you have received is from the law firm. BSkyB has no knowledge of the matters referred to in the letter, and has played no part in any decision to send it to you. Unfortunately therefore BSkyB is unable to discuss this case with you and would ask that you contact the law firm directly should you have any further questions in relation to their correspondence.

For your further information and guidance please find below a list of frequently asked questions.

If your enquiry is regarding issues other than a recent Court Order query, please contact our customer services team on 08442 414141. They will be happy to help you with all other account enquiries. Please note that this number is only for issues un-related to court orders, they will not be able to provide you with further information on this subject.

Kind regards,

BSkyB Investigations Team
[email protected]

FAQ’s

Why has Sky divulged my customer information?

Sky, in common with other broadband service providers, is obliged to provide customer information when requested through a court order. Sky does not send any customer information without receiving a court order.

What customer information was provided?

The information provided is the Sky account holder’s contact details. Sky only provides the name and address of the alleged account holder. Sky is obliged to provide this specific information.

Does Sky conduct checks to verify data returned to law firms?

Sky makes every effort to ensure they identify the correct user by carrying out a number of checks against the IP session reported within the court order. If Sky is in any doubt concerning the identity of the user or account after checking against the data provided to it, it does not provide information to the law firm.

What allegations have been made?

The law firm is acting on behalf of a copyright owner who is alleging that the customer who owned the stated IP address has breached their copyright (e.g. by illegally downloading their content from a peer-to-peer network). By providing the end-user details Sky is not alleging that the end-user has done this but is simply providing the data that it is obliged by law to provide.

But my IP address is different from the one mentioned in the letter from the law firm

IP addresses are assigned dynamically by Sky’s network and so will change with time. The Court Orders that we receive contain IP addresses together with the date and time at which the alleged infringement took place. We identify which Sky account was assigned to that IP address at that date and time.

The Digital Economy Act states that Sky has to write to me when I am being accused of copyright infringement. Why did you give the law firm my details before telling me?

Although the Digital Economy Act came into force a short while ago, the procedures for content owners and ISPs will not come into force until January 2011. Once these procedures are in place, ISPs will be obliged to write letters to the alleged copyright infringer.

I do not believe I am guilty of this infringement

Please do not ignore the letter you have received from the law firm. If you believe that you have not committed the infringement alleged, you should write back to the law firm in question providing full details of why this is. Factors to consider include whether your router is secure, whether you share a network or computer with another person, whether another person might have access to your password.

Who should I contact for further information?

You should seek legal advice or ask your local Citizens Advice Bureau.

What are the next steps?

We recommend that you seek legal advice or ask your local Citizens Advice Bureau if you are unsure of how to respond to the letter.

What are Sky’s Terms & Conditions / What are my responsibilities as a Sky Broadband

Full details of the BSkyB Terms and Conditions for Broadband usage can be found on the following link under Section 2
http://www.sky.com/shop/terms-conditions/broadband/
 
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