ACS:Law copyright file sharing claims, Gallant Macmillan - and probably some others along the way...

[andydd]

Hi guys.

 

It's taken me about a week to read this thread from page 1 and I've just finished.

 

I too was in the same position as many of you, received a letter in November 2008 from Davenport Lyons with about a million pages explaining and that I should pay £509.98.

 

HOWEVER, I DID DOWNLOAD SAID SCOOTER ALBUM.

 

I spoke to a lawyer friend of mine and he wrote me a letter saying that I should offer £20 in a cheque and nothing more as that's all the damages would have been worth.

 

I sent that letter about a week after I got it and it wasn't til I got home from holiday in April 2009 to a lovely letter from DL saying they wouldn't accept it and that I've got 21 days to pay it.

 

Never responded and got a letter a few weeks ago from ACS Law saying that I have 7 days to pay the same amount or it's going to court and I'd have to pay over £1000. I managed to speak to someone on the phone number provided and was able to knock it down to £350 if I paid it all in one go or £100 a month to pay the full amount.

 

I have paid this amount as I did download the album, but after reading this thread I'm thinking should I have paid it? And would there be any way to claim it back?

 

Im sure many on here would agree that you shouldnt of admitted or paid anything as that puts you in a weak position, but we cant turn back the clock. Claiming the money back would be almost impossible.

 

Secondly I wouldnt agree with your friends claim that the damages would be about £20 (the cost of a CD), Ive no doubt that ACS would argue you that it isnt just the loss of one sale they are hoping to retrieve, if for ]example you had the album in your torrent program for any time it would of been download from you by many others, tens, hundreds, thousands, ACS could argue that it is all those potential lost sales that they are claiming for.

 

Andy

[x_leannec]

Im sure many on here would agree that you shouldnt of admitted or paid anything as that puts you in a weak position, but we cant turn back the clock. Claiming the money back would be almost impossible.

 

Secondly I wouldnt agree with your friends claim that the damages would be about £20 (the cost of a CD), Ive no doubt that ACS would argue you that it isnt just the loss of one sale they are hoping to retrieve, if for ]example you had the album in your torrent program for any time it would of been download from you by many others, tens, hundreds, thousands, ACS could argue that it is all those potential lost sales that they are claiming for.

 

Andy

I'm aware of that, but if they took my laptop and did a search of my harddrive then the file would have been found as I did download it. Ah well, I've done the crime and done the time by paying it off, it's off my hands now, at least I don't have to get worried everytime the postman drops something through the door.

[penumbra]

I'm aware of that, but if they took my laptop and did a search of my harddrive then the file would have been found as I did download it. Ah well, I've done the crime and done the time by paying it off, it's off my hands now, at least I don't have to get worried everytime the postman drops something through the door.

 

You're quite right, leanne.

 

However, I'd check the list of rights holders represented by ACS / digiprotect first before relaxing too much. In the past they have come after people for a second file and, seeing as they had admitted file sharing once have upped the amount demanded to over £1000. After all, you have form and have admitted it previously (goes their reasoning).

[cerberusalert]

I'm aware of that, but if they took my laptop and did a search of my harddrive then the file would have been found as I did download it. Ah well, I've done the crime and done the time by paying it off, it's off my hands now, at least I don't have to get worried everytime the postman drops something through the door.

 

For a start they do not have the right to take your laptop, hard drive, first born son, pet hamster or anything else.

 

The only tenuous details they have that remotely involves you is your IP address & that does not reveal the computer used, nor does it tell them whether it was a wi-fi connection or not.

[cheapstring]

How many people have been chased a second time ?

Edited September 25, 2009 by cheapstring

[patrickq1]

Beware not all members of CAG are caggers, there are some who will deliberately misinform or try to undermine information you have been given, at the end of the day it is you that must decide on what action to take

 

i fibd it strange first post has admited doing a deal....GO TO COURT LET THE LAW DECIDE

[penumbra]

This puts me between a rock and a hard place... do you know how many people have been chased a second time, penumbra ? Can it be from the same rights holder or would it have to be from a different one ? In principle I'm prepared to pay up but don't want to hang myself completely.

 

I'm only aware of two instances of it happening so far. If you have signed the agreement they promise not to chase you for the same title, but they can chase you for other titles from the same rights holder / monitoring company.

 

Bear in mind you would probably have to be quite unlucky to share two different files within a monitoring period both being tracked by digiprotect / logistep. They don't have massive client lists.

 

Obviously, the choice is yours and there's a certain balance to be struck between "It's a fair cop guv" and "you're a bunch of *****, sling your hook".

[andydd]

I'm aware of that, but if they took my laptop and did a search of my harddrive then the file would have been found as I did download it. Ah well, I've done the crime and done the time by paying it off, it's off my hands now, at least I don't have to get worried everytime the postman drops something through the door.

 

Which wouldnt happen, they have no rights to take/inspect any of your PC's, plus bear in mind that the supposed allegded offences often happened a year - 6 months before, many people may have formated drives, deleted files, swapped pc's, etc in that time.

 

Youll soon realise from this site that most threats that come through the door are meaningless and nothing to be scared of, CAG will give you empowerment

 

Andy

[cheapstring]

It's all a bit shabby.

Edited September 25, 2009 by cheapstring

[jpts33]

Beware not all members of CAG are caggers, there are some who will deliberately misinform or try to undermine information you have been given, at the end of the day it is you that must decide on what action to take

 

i fibd it strange first post has admited doing a deal....GO TO COURT LET THE LAW DECIDE

 

 

 

I feel exactly the same way. Some comments on here (very recently) just seem a little too far to ACS:LAW's side if you know what I mean......

[merlin100]

Beware not all members of CAG are caggers, there are some who will deliberately misinform or try to undermine information you have been given, at the end of the day it is you that must decide on what action to take

 

i fibd it strange first post has admited doing a deal....GO TO COURT LET THE LAW DECIDE

 

Just what I was thinking here - to openly admit something is sheer stupidity - and who would willingly pay £350 for a download?

Cant think of anyone myself............

[piglette]

- and who would willingly pay £350 for a download?

Cant think of anyone myself............

 

Sadly a lot of people will pay £500, when they have not even downloaded anything. A friend of mine's girlfriend had a letter from ACS accusing her of downloading hardcore American pornography and she was totally traumatised. She couldn't stop crying. I am sure she was absolutely innocent as she seemed the last person in the world who would look at porn. She just sent off a cheque, although she is not at all well off, as she was so frightened that someone would find out that she had been accused of watching porn.

[corsair]

You should definitely complain to the Information Commissioner as he has received several letters and or e-mails in relation to ACS LAW sending out letters alleging, copyright infringement. The more of you who complain the better for all, concerned regardless of whether you allegedly did, or did not, allegedly breach a copyright.

[pridewat]

In my personel opinion complaining to SRA . your MP and reporting to consumers groups and Media could be most effective. You can by all means report to ICO but they can not do much if there was a court order to release

your personel informatiuons from ISP. But under DPA ACS Law can not pass those informations to a third party other than parties related to his so call claims

Edited September 16, 2009 by pridewat

[Nikkinooch]

just wondering how dark_trooper is getting on with the 'brown envelope'?

[andydd]

Sadly a lot of people will pay £500, when they have not even downloaded anything. A friend of mine's girlfriend had a letter from ACS accusing her of downloading hardcore American pornography and she was totally traumatised. She couldn't stop crying. I am sure she was absolutely innocent as she seemed the last person in the world who would look at porn. She just sent off a cheque, although she is not at all well off, as she was so frightened that someone would find out that she had been accused of watching porn.

 

Most of the girls I know wouldnt care less...ha

[rainbow33]

I recieved the 2nd letter but not the 1st.

Emailed ACS:LAW to tell them such, and that I dispute all claims....not heard back from them yet.

 

My question is does and e-mail count as a LOD?

[Huff&Puff]

My question is does and e-mail count as a LOD?

 

Yes it does. The only problem is that it's hard to prove that it was sent, which is where recorded delivery is so useful.

[Wintord]

I recieved the 2nd letter but not the 1st.

Emailed ACS:LAW to tell them such, and that I dispute all claims....not heard back from them yet.

 

My question is does and e-mail count as a LOD?

 

 

I used Email to respond and they sent me a confirmation email about a week later that they had recieved it.

[SammySamSam]

This puts me between a rock and a hard place... do you know how many people have been chased a second time, penumbra ? Can it be from the same rights holder or would it have to be from a different one ? In principle I'm prepared to pay up but don't want to hang myself completely.

 

If people have had their wifi used by nasty neighbours (is that one of DigiProtect's titles?) there is a very good chance more letters are waiting. I know some people in the stolen wifi brigade that want to pay for peace of mind, but with the possibility of having your money drained for the rest of your life it makes sense to fight it.

 

If ACS said, "this is all infringements we have to date," or sent all the infringements in one go, people would know where they stand. It is the lack of transparency that worries people - the not knowing. I think they've lost out on a lot of money due to this.

[piglette]

It seems that Logistep have lost a case in Germany last month when someone was accused of downloading at a specific time. It seems that the defendant was with his mother when the download was supposed to have happened and his computer was turned off! So much for their "forensic computer analysis".

[cashins]

If ACS said, "this is all infringements we have to date," or sent all the infringements in one go, people would know where they stand. It is the lack of transparency that worries people - the not knowing. I think they've lost out on a lot of money due to this.

 

ACS, by their actions are operating as a debt collector.

 

Paying any debt collector anything is like paying a blackmailer, the only sure thing is they will be back.

 

David

[manka]

over 2 weeks since my reply to the third letter with no response.i have emailed various parties who have told me they are looking into ACS Law.Hope they get what they deserve.

[mr.ton]

It would be interesting if we could make a full list of every UK authority that is out there (im sure there are many quango's that we havent heard of?) - a sort of "A-Z" if you like.....& then ensure that everyone of those authorities is contacted & informed of this ACS by as many people as possible.

[Armagedon]

I got a nice family friend to write me a letter she has a English law degree and has worked for many lawyer firms when i showed her the letter she laughed! and said there letters are a joke the paper itself was like somethign a school would print stuff on not very proffesional amongst other things

 

They have 10 working days ie till friday to respond to my letter or all matters will be resolved and in my favour any more letters after this date will be deemed as harassment and the correct authorities will be contacted