Ministry of Sound hits setback in legal action

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    Thu, Nov 4, 2010, 09:00
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  • Massive data loss has derailed MoS's pursuit of suspected filesharers.
  • Ministry of Sound hits setback in legal action image
  • After losing reams of data essential to their case, Ministry of Sound has suspended legal action against thousands of alleged filesharers. Last summer, the London label launched a campaign against individuals they believed had illegally uploaded or downloaded their music. In cooperation with MoS's lawyers at Gallant Macmillan, BT Total Broadband had agreed to retain personal information for 25,000 of its customers. But according to a statement from MoS, the broadband provider "failed to preserve" information for more than 20,000 of these customers. "It is very disappointing that BT decided not to preserve the identities of the illegal uploaders," said MoS CEO Lohan Presencer. "Given that less than 20% of the names remain and BT costs have soared from a few thousand pounds to several hundred thousand pounds, it makes no economic sense to continue with this application." According to The Guardian, BT voiced "surprise" at MoS's response to the incident. "All such information is automatically deleted from our systems after 90 days in accordance with our data retention policy; the Ministry of Sound and it solicitors are well aware of this," said a spokesperson. "Upon request from Ministry of Sound we saved as much of the specific data sought as we reasonably could and any not preserved must have been too old. Our door remains open to Ministry of Sound and any other rights holder who wants to enforce their rights in a fair way through an established legal process." MoS had planned to pursue 150,000 suspected filesharers, and has already sent out more than 5,000 "warning letters and settlement notices." Despite the setback, the label claims to be "more determined than ever" to track down and take action against anyone who distributes their music illegally. "We will be making further applications for information from all ISPs. Every time that a track or album is uploaded to the web it is depriving artists of royalties and reducing the money which we can invest in new British talent."
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