BT Silences Customers Over Phorm
An anonymous reader writes "The Register reports that BT, the UK's dominant telecom and internet service provider, has 'banned all future discussion of Phorm and its "WebWise" targeted advertising product on its customer forums, and deleted all past threads about the controversy dating back to February.' Phorm is a controversial opt-out system for delivering targeted advertising that intercepts traffic passing through an ISP in order to profile subscribers via an assigned unique ID based on their online activities. Subscribers can opt-out at the Webwise website but are opted-in again if the Phorm cookie is cleared. Firefox users can install Melvin Sage's Firephorm add-on to manage their interaction with Phorm and Webwise."
There is absolutely no way in which this isn't copyright infringement. Any web page is copyrighted. This comment is copyrighted and owned by me. The Slashdot terms of use say that they get a nonexclusive distribution right to them. No one else has the right to reproduce them or modify them. The complete page is also copyrighted and owned jointly by all of the posters and by Slashdot.
A carrier has an implicit license to distribute exact copies to their customers and, if the correct headers are set, to cache a copy. Inserting adverts, however, is creating and distributing a derived work from the copyrighted material. Since they profit from the adverts, it counts as commercial infringement, which typically has much larger financial penalties.
The maximum fine for online copyright infringement in the UK is now £5,000 per offence. Every single page that is modified counts as an instance of infringement. The total fines would come to more than the market capitalisation of BT at the moment.
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