Network management Toolkit 
Story: BT Phorm trial leak rekindles row
Phorm/Webwise/ISP commercial piracy ,why wont you authorise the comments
iv submitted comments as regards this news item, iv also been told that several other people have tryed to submit coment but to date they have not been published and linked into this story, WHY?
are you trying to subvert the Anti Phorm comments for some unspoken reason?
to re state the facts as they are known at this time
Deep Packet Interception On YOUR Broadband wire.
Kent and his payed top 5 PR teams/3rd partys are very fond of trying to bring Google into disrepute, however while Google may offer you many free and Personally useful Options in return for your Informed and Explicit Consent to use YOUR datastream WHILE you're using these services,
BT and Phorm/webwise are doing something totally different, its not rocket science, read up on it "Deep Packet Inspection/Interception".
in effect , your paying your ISP for a Broadband connection, and (in this case) BT are accepting free Deep Packet Interception kit from Phorm to wiretap that paid-for Broadband connection to intercept your datastream and that of any website owners copyrighted content for profit.
This DPI kit sits directly on the other side of your Broadband wire, and YOU can NOT stop each and every bit of your data being pushed though that DPI kit, that is then collected, processed and finally then ,and only then, anonymised, or thrown away as its deemed to contain no valuable data to their profit line at the time.
the part no one wants to talk about OC, they will be collating all this data in to an
unlawful derivative work.
and they will not be paying a single penny to the owners of that copyrighted data for the use of that or the unlawful derivative work made from it.
under UK and EU law (and US law i assume), an "unlawful derivative work" is made without consent of the website content owner, or the ISP end user (should they refuse to take part in any trials, their datastream is still collected.and processed at the DPI, but dont then get sent and see the ads onscreen) for commercial profit, and without paying you any due fees then owed for unlawful use of your data property.
apparently these are some of the laws broken by not getting Express/Explicit, and informed consent of both parties (end user AND the website content owners)or paying the profits of this unlawful derivative work to the owners of the content.
Regulation of Investigatory Powers Act 2000
Privacy and Electronic Communications (EC Directive) Regulations 2003
Computer Misuse Act 1990
Torts (Interference with Goods) Act 1977
Copyright, Designs and Patents Act 1998 (see derivative works)
Data Protection Act 1998 (IP addresses are legally defined as personally identifiable data)
this basic laymans copyright might be helpful to outline the problems BT have placed themselves in during the prior trials without getting consent.
and dont forget many websites already have explicit terms against commercial use of the sites webpage content in their notices, potentially including this very site infact.
http://www.copyrightservice.co.uk/copyright/copyright_myths
you, and indeed any BT executives or Employees might want to be sure to read and understand these two parts as regards commercial piracy of copyrighted works such as the website content owners and the unique datastreams of the end users
http://www.opsi.gov.uk/acts/acts1988/ukpga_19880048_en_5#pt1-ch6-pb5-l1g107
"...
107 Criminal liability for making or dealing with infringing articles, &c (1) A person commits an offence who, without the licence of the copyright owner?
(a) makes for sale or hire, or
(b) imports into the United Kingdom otherwise than for his private and domestic use, or
(c) possesses in the course of a business with a view to committing any act infringing the copyright, or
(d) in the course of a business ?
(i) sells or lets for hire, or
(ii) offers or exposes for sale or hire, or
(iii) exhibits in public, or
(iv) distributes, or
(e) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright,
an article which is, and which he knows or has reason to believe is, an infringing copy of a copyright work.
..."
http://www.opsi.gov.uk/acts/acts1988/ukpga_19880048_en_6#pt1-ch6-pb5-l1g110
"...
110 Offence by body corporate: liability of officers (1) Where an offence under section 107 committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(2) In relation to a body corporate whose affairs are managed by its members ?director? means a member of the body corporate.
...
"
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