Brad, IP addresses are copyright in European Union law. It's been to court and a precedent has been set. I can't think of a reference to help you out but it's a done deal. If I recall, it was some communications directive and a case in Germany that nailed it. Essentially, the IP address for the time you used it is your copyright. It can be used for the transmission of data as that's implied in the transmission but any other use not explicitly granted by you is a breach of copyright law.

I did some earlier reading on issues related to Phorm and what you say about forgery came up. As well as Phorm breaching RIPA and the DPA the fraud puts them in breach of the Computer Misuse Act. This specifically prohibits any unauthorised use of a computer system. The Phorm bunch are saying they're in the clear because putting a web page up implies consent. Uh, since when? You have a respectable view but law enforcement isn't prosecuting these people because of their carefully crafted business status.