Phorm Contracts with ISPs

[Nicholas Bohm]

Ian Batten wrote:
> 
> On 13 Mar 08, at 1429, Peter Fairbrother wrote:
> 
>> Am I right in thinking that, as the main part of the contract is 
>> illegal, any contracts the IPSs have with Phorm are void?
>>
>> So if eg TalkTalk or VirginMedia wanted to rip out any equipment they 
>> have installed they could charge Phorm for ripping it out, and any 
>> consequential costs or losses?
> 
> On that topic, BT are claiming on their support forums that the changes 
> in customer Ts and Cs would not be material, and therefore not grounds 
> for termination.  That's going to see small claims court action, isn't it?

It depends exactly what the change does (and whether the pre-change Ts 
and Cs have anything to say that affects what counts as material).  A 
change which grants consent for what would otherwise be an illegal 
interception would ordinarily seem to be material.

Whether anyone sues presumably depends on what difference it makes to 
them - they can leave BT sometime by giving notice, and Phorm hasn't 
launched, so they may be able to go soon enough anyway.

Nicholas
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