tp123
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Everything posted by tp123
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Perhaps this is another reason why ACS Law have never taken anyone to court: Copyright, Designs and Patents Act 1988 CHAPTER 48 Part 1 Chapter VI Remedies for Infringement Rights and remedies of copyright owner 97 Provisions as to damages in infringement action. (1) Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy. Taken from Copyright, Designs and Patents Act 1988 CHAPTER 48 [online] available from http://www.opsi.gov.uk/acts/acts1988/ukpga_19880048_en_5#pt1-ch6-pb1-l1g97
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They also recently claimed on their website that they had teamed up with a US firm called US Copyrights Group. This US firm publicly denied the relationship last week and the ACS Law website was quickly changed (3rd June 2010) The SRA's code of conduct states: 7.01 Misleading or inaccurate publicity - Publicity must not be misleading or inaccurate. Haven't ACS:LAW contravened this by falsely claiming on their website that they have formed a working relationship with US Copyright Group? 1.06 Public confidence - You must not behave in a way that is likely to diminish the trust the public places in you or the legal profession. Don't they do this everyday they are still in operation?!
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stanwixman, This forum is to aid people with genuine concerns in getting help and advice so that they may make an informed decision on how to deal with ACS Law. It also enables people to impart any experience and knowledge they may have to help others. It seems apparent from your posts that you either have a vested interest in ACS Law and it's activities or that you are incapable of taking advice. Please think carefuly before posting any more random coments as you could potentialy influence others in making a decision that they could well regret.
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I think you'll find the help and advice offered on this forum is aimed at those of us who are innocent, and have been incorrectly identified or been the subject of some malicious activity. If I were in your position I would be seeking independant professional legal advice. (Unless you already have affiliations with a law firm...)
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Also, Have just found; 1st LOD template on page 107 of this forum. 2nd LOD template on page 106 of this forum. (I knew I'd seen them somwhere!) Hope this helps.
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For anyone who needs to use a template, Search online for The Speculative Invoicing Handbook. Not only does it provide a comprehensive guide to the whole scheme that ACS Law employ, it also contains a template LOD. It is well known that if you use a template for your 1st LOD, ACS Law will reply saying they dont accept it "as it is based on a template available on the internet" With this in mind I wrote my own LOD based loosely on the template mentioned above, in fact it bore little resemblance to the template and I still got their standard "as it is based on a template available on the internet" reply. (which, irionicaly IS a template letter) I think the main points are that; 1. You do respond with a letter, either a template or your own work explaining that you did not do it. (If you didn't) 2. In your letter do not give any extra information away. They have to prove it was YOU that infringed copyright - you do not have to prove your innocence. 3. Be prepeared to receive several letters, including a "Part 36" offer where the origial amount of the claim goes up. This is them using "scary" legal speak to try to get you to panic into payng. 4. Be prepeared to wait a while between letters. 5. Report ACS Law to the SRA. They are already investigating ACS Laws conduct. 6. Report them to Which, Watchdog, the Legal Complaints Service. These can all easily be found by searching online.
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It's usually on page 2 where it details the enclosed documents; "1. a one page 'statement report' supplied by our forensic IT experts,..."
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Check at the top of the page where it says welcome...there is a link to your private messages.
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In this new batch of letters in the "evidence" section, does it say anyting about forensic IT experts and if so which company is it?
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I completely re-wrote it so it was virtualy unrecognisable as a template, and they still disregarded it!
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If the latest batch is based on the same court order as those in April, was the delay caused by Mr Crossley going to Canne?!
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@abcd1234zzz, Done.
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@shawnon007 If you are having trouble, I can PM you a similar copy to what I sent?
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ACS Law have obviously sent out a new batch of letters. While it is important that individuals deal with their own matters by sending letters of denial and seeking independent legal advice, if they feel it necessary, it is also imperative that they report this to the following organisations as a minimum: Solicitors Regulation Authority (SRA) Legal Complaints Service Which? Magazine BBC Watchdog This company is already under investigation by the SRA and has been the subject of several articles written by Which magazine. Collectively through complaint I believe we can bring an end to this unscrupulous practice of bulk litigation based on flawed evidence, by an equally unscrupulous law firm. Also consider reporting to MPs, Trading Standards and news papers (the Scottish Sun have already reported this) Regards, Another victim
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@zero flight, Thats pretty much the same as what I intend to do. I will write once more to reiterate my inocence, state that I will not be corresponding following this and that I will consider any further letters from them as harassment. I didn't do it, I can prove I didn't do it so if they want to take me to court it will be a costly mistake on their behalf.
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I to recieved second letter today - amount also £990. I find it ironic that in their letter which is clearly a template, they say they refuse to accept my letter as it is "based on a template letter from the internet." I didn't even use a template!
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I am likely going to be moving house within the next few months and have also wandered about this. My plan is to have the mail redirected for a year and not tell ACS Law my new address. My feeling is that I would have taken reasonable steps to make myself available to recieve correspondance. I don't think it is unfair to assume that if ACS Law were serious about persuing their ridiculous claim, they would have done it within what would be, by that time, a year and a half since their initial letter.
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"So, unless they've accessed the hard disk at the time of the alleged offence to find the whole work, or substantial part of it there, they've no case?" Thats my understanding of it. "And even if forensics proved that the torrent or the alleged upload had been on a hard drive, could it determine how much of it there was, especially after several months? I don't think so..." Depending on the quality of their IT Forensic experts and the techniques used, they could potentially determin what, when and how much was on the disk even after many years. You can format a disk many and times and even "zero fill it" (where 0's are written to every segment on the disk) and still be able to recover the data. "So why have DL, ACS and the other bunch been able to drag this misrepresentation of the law out for so long? It's worse than a disgrace....... how can the SRA let them away with this?" Good question!
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Section 16-1(d) - This is saying that only the copyright owner has the exclusive right to broadcast it, and no one else. "as a whole or any substantial part of it" - This is where I feel ACS Law are chancing their arm. Their IP gathering software does what it says on the tin, it just gathers an IP address at a specific time. It can have no way of determining how much of the "work" is being made available to third parties. It could be the whole "work", "a substantial part of it" or a tiny fragment in the region of a few kilo bits. It is impossible to say unless they could have seen the contents of the hardrive at the time of the (alleged) offence. And, who is the arbitrator of how much of digital file constitutes a "substantial part". What would be helpful here is a test case. Oh, I forgot there hasn't been one!
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Well, it's been three weeks since I sent ACS Law my letter denying their allegtations. Still have not heard anything back. Communications with the SRA and the Law Society have been productive, also Which and Watchdog taking a keen interest. There have been calls to contact members of parliment, now we have a new Government, on the slyck fourm. I might just do that...
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Cheers Scooby Doo69, I have confirmed the email is legit. (It is also referenced on page 93 of this forum). Just me being paranoid. It is the first I've heard of them asking for a copy of the letter having read through this and other forums. I hope it is a sign that their investigation is picking up momentum. Regards
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Recieved email from SRA. Is it normal for the SRA to request a copy of the letter by ACS Law? The email address is different to the one I sent my complaint to. Am I being paranoid?!
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That is strange - do you mean it was to your address but someone else's name?
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jonnyboy86, [mod edit: removed link, sorry it's against the site rules] Use it in conjunction with the advice on this forum. Some people choose not to use the template as sometimes ACS send a stupid letter back saying they won't respond to templates. I used it for guidance and wrote my own.
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