Porn film distributor Golden Eye allowed to contact O2 customers over file sharing

A ruling handed down in the High Court yesterday has paved the way for a new round of speculative invoicing against alleged illegal file sharers,

However unlike the campaign run by disgraced solicitor Andrew Crossley, this time there has been more legal scrutiny of the process before it could begin.

Justice Arnold granted a Norwich Pharmacal Order (NPO) to Golden Eye International and Ben Dover Productions, which allows these companies to let O2 hand over the personal details of its customers who are alleged by the distributor of pornographic films, Golden Eye, to have illegally downloaded its films.

However, there was some victory for Consumer Focus, which had opposed the move by Golden Eye. There will be far tighter legal rules that the pornographic film distributor will have to follow.

Consumer Focus persuaded the court to stop Golden Eye including demands for £700 in the letter, along with an unfounded threat to cut off the internet connection of recipients.

Justice Arnold's ruling on Golden Eye and Ben Dover Productions said that the way Golden Eye planned to run the campaign was "capable of causing unnecessary distress because it could be read as an implicit threat of publicity once proceedings have been commenced".

He ruled that while it was right that copyright holders can protect their interests, any claim letter must safeguard consumers' interests as well; particularly those innocent of any wrong doing.

He pointed out that the original draft of the letter was "objectionable in a number of respects".

The company will not, as it originally intended, be able to send out letters demanding £700 in "damages", nor will the company be able to threaten court action or claim they can have the person's internet service disconnected if they don't pay up.

If someone receiving a letter admits to illegal downloading Ben Dover films then any settlement must be individually negotiated between the parties.

Mike O'Connor, chief executive of Consumer Focus, said: "Following four years of speculative invoicing this case sets an important precedent for the rights of consumers, particularly those who are innocent, and the responsibilities of companies seeking redress on behalf of copyright owners.

"It is very welcome that the court has recognised the bill payer should not be automatically assumed to be guilty when a copyright owner believes they have detected copyright infringement on that internet connection.

"Consumers should not be subject to the type of threatening letters Golden Eye intended to send to more than 9,000 O2 customers."

Before Golden Eye can send any letters, however, there will be a second hearing after Easter when the High Court will again closely scrutinise the changed wording of the letters.

Read our full coverage of the Golden Eye and Ben Dover file sharing story