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Originally Posted by Masque
If you do not want the "Public" to be able to access your open site then password protect it, job done, as otherwise you will continue to find that ISP's will bin your invoices as you are doing nothing to prevent access to your site.
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"Doing nothing" is an inaccurate description of the measures taken by website owners in this matter.
Webmaster experience with the TalkTalk/Huawei "bot" proves your assumption to be untrue, both from a practical and legal point of view. I am aware of evidence which has been passed to the ICO, that shows the bot replaying full urls obtained from tracking customer visits, including those of password protected pages. It should not be doing this. A commercial organisation has NO inherent legal right to download and make use of website content for its own commercial purposes without consent of the webmaster. It has even less right when it has been specifically requested not to do so and is fully aware of that request.
It also begs the question as to why ISP's themselves attach rigorous Terms of Use governing use of the content on their own websites, yet quibble when other websites do the same. For example VirginMedia, your ISP employers, have the following on their corporate website,
http://www.virgin.com/terms/
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Please ensure that you check these Terms and Conditions regularly to view any changes which may have been made, because by continuing to use the site after these Terms and Conditions have changed, you will be confirming that you have read and understood, and agreed to be bound by, any revised Terms and Conditions.
By using our site you'll be agreeing to these Terms and Conditions including the Code of Conduct in this section.
By using the site you're agreeing that Proprietary Content is available for personal use only and that you will not copy, reproduce, publish, distribute or dispose of in any way any Proprietary Content (other than your User Content which you have posted and for which you have the appropriate rights and permissions). Neither the Virgin name nor any other Virgin company name, trade mark, logo or design may be used or copied in any manner.
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Seems reasonable to me, or would you say your employers are wrong in asserting those rights?
TalkTalk met with ORG, including Dr Richard Clayton to discuss the TalkTalk DPI system. The report of their discussions should be interesting - TalkTalk originally asked for a "confidential" meeting but ORG refused.
http://www.openrightsgroup.org/blog/...-or-stalkstalk