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

[Benjamin25]

can someone explain to me how the IP address system works? how they can be sure it was your IP address if the continually change or do the ISPs keep a recored of every IP address assigned to you?

[andydd]

can someone explain to me how the IP address system works? how they can be sure it was your IP address if the continually change or do the ISPs keep a recored of every IP address assigned to you?

 

In theory, yes, although a mistake at this stage would identify the wrong person and its not really in the ISP's interest to 'help' ACS law.

 

Andy

[Shaggy123]

When i got my letter in june of last year i was S*ITING bricks i blasterd the kids, me and the wife was arguing etc etc. The kids told me they sweard down it was not them, and the wife could not turn a P.C on so after a few days i sat and worked the days out, and we was on our hols at the time of there accusation, so then i sent a letter of denial and told them it was NOT me or my family and asked them to give me more evidence, BUT they faild they just sent more crap saying my I.P address was the infringer bla bla bla, then they sent me a new claim wanting less money, and i just keept telling them if they think there evidence is so fool proof TAKE ME TO COURT but still to this day about 7 month on NOTHINK, and im still waiting and still willing to go to court and if my day comes i will bring all the big boys with me the media. So stop worrying m8 life is to short.

 

Being on holiday wont be an acceptable explanation as you could have left your pc on, used remotely anywhere to access it from your holidays or simply left your wireless unsecured. I'd have thought if someone would have been back in touch after 7 months though so you may be in the clear.

[Shaggy123]

can someone explain to me how the IP address system works? how they can be sure it was your IP address if the continually change or do the ISPs keep a recored of every IP address assigned to you?

 

Yes, they keep a record. There are still margins for error though in the transfer of data, plus, your IP could have been spoofed.

 

Even if they have your IP it still doesnt say it was you. Wireless networks are easily cracked or left wide open unsecured.

[unclebulgaria67]

I have read that the P2P sites may have software which alters the IP addresses in some way, so that the indentity of the downloader is protected.

 

If this is correct then this may be a possible explanation as to why people have been wrongly accused. We have all read about people that have been accused of downloading gay porn or addicted to base etc, when they are a pensioner couple in their 70's, with a wired connection and no others use their PC's. Also people that have been on holiday, PC's switched off.

 

The information that ACS are using is dodgy and would never be used in court.

[Huff&Puff]

I have read that the P2P sites may have software which alters the IP addresses in some way, so that the indentity of the downloader is protected.

 

You are correct, some P2P applications do indeed use IP spoofing, and openly boast of doing so. It is just one of many reasons why this whole sordid business is so deeply flawed.

[cashins]

You are correct, some P2P applications do indeed use IP spoofing, and openly boast of doing so. It is just one of many reasons why this whole sordid business is so deeply flawed.

 

Judging by the number of actions being brought, ASC know this too.

 

David

[NitrousOxide]

You are correct, some P2P applications do indeed use IP spoofing, and openly boast of doing so. It is just one of many reasons why this whole sordid business is so deeply flawed.

It would be a good idea to send that with your LOD. They prey on ignorance.

Start on the front foot, start as you mean to go on and never be intimidated into paying if you've done no wrong. Show them you are well prepared to fight.

The system of tracing infringers by IP is seriously flawed and these people know it. If they cannot prove how and when a specific person did it it would be nigh on impossible to do so in court.

I strongly suspect this is a business model, rather than protecting intellectual property rights.

[Scooby Doo69]

Hi all - I have not posted on her for a long time but just thought I would give an update. I received 1st letter back in June last year to which I sent 1st LOD. I then received 2nd letter from ACS:Law stating that they could not take my LOD on face value as it was a template and they increased the cost and gave me I think 21 days to reply/pay. I sent them 2nd LOD (template) with extra paragraph stating that just because it was a LOD did not make it any less truthful than if I had worded it myself and that its contradictory behaviour as they them selfs use templates. This letter was sent back in August 2009 and I have not heard anything from them since. I am hopeful that this is the end of the whole thing but if not I will be instructing a solicitor to act on my behalf and all communication to be done between legal parties.

 

You can get legal advice for free. Most Solicitors offer 15-30 mins free advice in the hope that they will get your business. You have the Citizens Advice Bureau as well.

 

If it was me, I'd wait and in the unlikely event that you are taken to Court, that would be the time you instruct a solicitor. Sending a letter to ACS will cost you money and any response would be sent to them from ACS. You will be charged for receipt. Before you know it, you have a Solicitors bill running into hundreds of pounds.

[Scooby Doo69]

Has this all been put on hold by ACS ?

 

If they are under investigation by the SRA as alleged by some, Which consumer association are looking to bring group legal proceedings and the legal profession including the judiciary are not impressed by this, why would then continue?

 

I have come across suspicious forum posts where people keep bumping threads, when no letters have been received. I am not saying you have done this, but be aware that this is happening.

 

Nope, ACS have clearly stated that they will continue until they were stopped. To be honest, you wouldn't expect anything different. ACS is a business and chasing file-sharing claims is good business, easy lucrative money. It's another form of ambulance chasing which recently has been capped.

 

Why would ACS stop and kill the cash cow?

[Scooby Doo69]

It would be a good idea to send that with your LOD. They prey on ignorance.

Start on the front foot, start as you mean to go on and never be intimidated into paying if you've done no wrong. Show them you are well prepared to fight.

The system of tracing infringers by IP is seriously flawed and these people know it. If they cannot prove how and when a specific person did it it would be nigh on impossible to do so in court.

I strongly suspect this is a business model, rather than protecting intellectual property rights.

 

Very good point, we know from the DL model that was leaked that they tended to target the technical minded less than those that were not. Knowing your stuff around how P2P works may help???

[multi]

It would be a good idea to send that with your LOD. They prey on ignorance.

Start on the front foot, start as you mean to go on and never be intimidated into paying if you've done no wrong. Show them you are well prepared to fight.

The system of tracing infringers by IP is seriously flawed and these people know it. If they cannot prove how and when a specific person did it it would be nigh on impossible to do so in court.

I strongly suspect this is a business model, rather than protecting intellectual property rights.

 

No, it wouldn't. They have a stock template replies in these cases that their evidence is infallible. It is very unlikley you'll be able to argue them away. I wouldn't attempt to engage with them on points of evidence. If they're wrong they're wrong and you have nothing to fear. They don't even accuse you of committing the infringement as required by the CDPA 1988, as they have no evidence of that.

Edited March 8, 2010 by MARTIN3030
Google CAG instead.

[cashins]

No, it wouldn't. They have a stock template replies in these cases that their evidence is infallible. I wouldn't attempt to engage with them on points of evidence. If they're wrong they're wrong and you have nothing to fear. It is very unlikley you'll be able to argue them away.

 

 

I would agree.

 

From what I have seen so far, the more you engage with them, the more they chase.

 

In my opinion it's best to keep it to a staight LOD, then ignore them.

 

David

[multi]

Aaaaannd you can see what I mean about mental moderators.

 

Is there any reason you edited my post, Martin?

 

I did not link and am trying to point people in the direction of useful information.

 

Why is this a bad thing?

 

I have notified the site team about your behaviour.

Edited March 9, 2010 by multi

[Caimbeul]

Just a word of warning, i was browsing the ACS-Law (i can think of a few appropriate acronims) website and noticed a small paragraph claiming that they will hold you responsible for copyright infringement if you quote or post things on forums from their website.

How pathetic are they?!

[multi]

Just a word of warning, i was browsing the ACS-Law (i can think of a few appropriate acronims) website and noticed a small paragraph claiming that they will hold you responsible for copyright infringement if you quote or post things on forums from their website.

How pathetic are they?!

 

Could you point me to where it say that?

 

Rather rich, seeing as they committed copyright infringement themselves in articles on their website: ACS:Law Anti-Piracy Lawyers Are Copyright Infringers | TorrentFreak

[Caimbeul]

Notes on Evidence Last bit section 8 - Looking at it more closely it may refer to that page only...? Have a look

[derr]

so is there no point in proving to them that you were not at home in the periods they say you were infringing?

Why are TBI seemingly looking predominantly at July 2009?

I am furious at BT too for getting me into thsi situation- have cancelled my broadband subscription in protest

[n11186]

I am furious at BT too for getting me into thsi situation- have cancelled my broadband subscription in protest Nice one and i think all customers should do the same thinking as you M8 LEAVE BT i would not give them any of my business ever again and also tell as many friends and family as pos to protest with you.

[cerberusalert]

It's hardly BT's fault, they were ordered by the court along with all the other IPs to disclose the information, if they hadn't they would have been in contempt of court.

[Huff&Puff]

It's hardly BT's fault, they were ordered by the court along with all the other IPs to disclose the information, if they hadn't they would have been in contempt of court.

 

Quite so. I wish anyone luck in finding an ISP that will guarantee to refuse to comply with a court order

[derr]

yes but other ISPs are standing on a principle and not giving in.

[the_shadow]

yes but other ISPs are standing on a principle and not giving in.

 

Haha really? which ones then?

 

All they can do is defend/oppose the court action and with the data bill about to get passed into statute I cant see any judge opposing a request for information.

 

S.

[patrickq1]

Could you point me to where it say that?

 

Rather rich, seeing as they committed copyright infringement themselves in articles on their website: ACS:Law Anti-Piracy Lawyers Are Copyright Infringers | TorrentFreak

 

The legal requirements for claiming litigation privilege are well established and are not in dispute. Communications between a solicitor or the client and a third party will be protected by litigation privilege where the communications are for the dominant purpose of obtaining legal advice in connection with, or conducting, litigation reasonably in prospect: Re Highgate Traders Limited [1984] BCLC 151.

COURTESY OF DAD

[patrickq1]

so you can put what you want on here since it is privelaged information and you need to discuss what help you require he cannot do anything to you ..in fact let him take you to court then he would have to show just cause and also explain with his expert witnesses how they proccessed information about your isp...and you can then use expert witnesses in DEEP PACKET INSPECTION to prove the case for your isp could possibly have been hijacked...end of i do not know why people worry about all this HE CANNOT AND WILL NOT TAKE YOU TO COURT