Telefonica Spanish owner of O2, were approached by Golden Eye International with a request to disclose 9124 (NINE THOUSAND ONE HUNDRED AND TWENTY FOUR) of its customers details. “Golden Eye International” (GEIL) is a trading name for “Ben Dover”, the Pornographers.
It is astonishing to think that this request came on the 20th September 2011, a FULL year after the ACS:LAW debacle unravelled. At a time when all other ISPs have stated they would not work with the “Speculative Invoicing” scheme, O2 alone has bucked the trend.
They did NOT fight for their customers, rather they SOLD them out
5: On 7 October 2011 Baker & McKenzie filed an acknowledgement of service on behalf of O2 stating that O2 did not intend to contest the claim.
6: On 18 November 2011 the parties were given notice of a disposal hearing before Chief Master Winegarten on 6 December 2011. On 28 November 2011 Baker & McKenzie wrote to the Chief Master to confirm that O2 did not oppose the making of an order in the terms submitted by Golden Eye, and therefore did not intend to attend the hearing. At the hearing on 6 December 2011 Mr Becker attended on behalf of the Claimants. The Chief Master raised a number of questions about the proposed order, which he asked Mr Becker to relay to Baker & McKenzie. Mr Becker duly did so, and on 14 December 2011 Baker & McKenzie wrote to the Chief Master answering his questions. In the letter Baker & McKenzie stated that, prior to issuing the Claim Form, Golden Eye had provided O2 with a draft of the proposed order and that Baker & McKenzie had made amendments to the draft. A number of amendments were identified and explained. The letter reiterated that O2 did not oppose the making of an order in that form. Having considered the letter, the Chief Master decided to refer the claim to a judge.
120: In consider the proportionality of the order sought, it seems to me that it is important to have regard to the precise terms of that order. The terms of the draft order having been negotiated between Golden Eye and Baker & McKenzie, it is in a form that O2 is content with. Thus it may be regarded as proportionate as between the Claimants and O2
32:1: 4(b) Within 7 days of the date of this Order, the First Applicant, on behalf of all the Applicants, shall pay into an escrow account to be held by the Respondent’s solicitors, Baker & McKenzie LLP, (the ‘Escrow Account’) a sum equal to £2.20 per IP address requested within the initial Batch together with £2500 costs to be held as security for the costs specified in paragraph 5 below.
They COULD have contested it, but CHOSE not to.
If YOU are a subscriber of O2, I think maybe you should consider moving to an ISP who values you as a customer more than the needs of a Pornographer who after all is merely following the example of ACS:LAW. Golden Eye International after all were first represented by Tilly Baily Irvine. It was only when TBI reacted to the negative publicity including being named in the House of Lords that they withdrew and GEIL continued.
Their will be another hearing after Easter regarding the GEIL hearing and how the letters will be composed, one thing is for sure GEIL did NOT get what they wanted.
This is not a new direction more an attempted refinement of the scheme that Davenport Lyons, ACS:LAW, Tilly Baily Irvine and Gallant Macmillan/Ministry of Sound have attempted and failed. It should be treated with the same contempt.
The contempt indeed that O2 have shown it’s customers.
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