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

[numberonedon]

more a case of we say u dunnit so pay wat ever happened to innoicent until proven guilty??wtf!lol

[Time on my hands]

Answering some questions:

ACS law's clients are the legal rights holders for the P2P distribution of the work. Copyright ownership can be broken down, so different people or groups may own the rights for different types of distribution.

 

One issue that was raised some time ago was that P2P distribution of pR0n titles is illegal as the vendor needs to be licensed - and Digidogy/ logistep have no such license. Therefore they'd be on pretty shaky moral ground in court.

 

Regarding why ACS and their clients are not demanding that torrents be removed - why should they? If the torrents were not there then their revenue stream would dry up - remember that they only own P2P distribution rights. They cannot profit from legal sales of any of these works!

[peter_piper316]

Regarding why ACS and their clients are not demanding that torrents be removed - why should they? If the torrents were not there then their revenue stream would dry up - remember that they only own P2P distribution rights. They cannot profit from legal sales of any of these works!

 

Thus proving what a [problem] this whole thing is. Legal, of course.

The matter should be about protecting copyright holders from abuse, not rewarding them if/when it happens.

[peter_piper316]

ACS law's clients are the legal rights holders for the P2P distribution of the work. Copyright ownership can be broken down, so different people or groups may own the rights for different types of distribution.

 

Whilst I completely agree with this statement, is everyone, including the courts issuing NPOs, just assuming that everything is in order in this respect?

Likewise we, as defendants, are taking this assumption on face-value only.

Seeings as no cases ever end up in court (which in itself breaches the criteria for issuing an NPO, as they are to be used for litigation) the copyright holders' validity is never being challenged.

[peter_piper316]

Sorry for the continual posts by myself here, but I have a question: at which point does this process become "entrapment"?

 

If torrents of copyrighted material are allowed (encouraged?) to continue to be available, with someone or something (data gatherer) joining the swarm to catch fellow Peers' IP Addresses, this seems fundamentally illegal.

[captain-123]

Hi,

 

This was posted on another forum (Slyck) by the user Hickster. I hope he / she doesn't mind me posting it here.

 

This is a motion which would look to repeal the DEB, one of the things which was mentioned in previous discussions was making the warning process of the DEB manditory and not going down the fine route as a first option.

 

The motion can be found here

 

UK Parliament - Early Day Motions By Details

 

Please please contact your MP and ask him or her to SIGN this "Early day Motion". This is a GREAT leap forward!

[zero_flight]

Answering some questions:

ACS law's clients are the legal rights holders for the P2P distribution of the work. Copyright ownership can be broken down, so different people or groups may own the rights for different types of distribution.

 

One issue that was raised some time ago was that P2P distribution of pR0n titles is illegal as the vendor needs to be licensed - and Digidogy/ logistep have no such license. Therefore they'd be on pretty shaky moral ground in court.

 

Regarding why ACS and their clients are not demanding that torrents be removed - why should they? If the torrents were not there then their revenue stream would dry up - remember that they only own P2P distribution rights. They cannot profit from legal sales of any of these works!

 

If ACS:LAW have the distribution rights and uploading to torrent sites they are also breaking the law that they are trying to uphold?

 

You can run a website which contains 10000's of songs to download (if you own the distribution rights) for free if a advert is added to the beginning . Such sites like IMESH and LAST.FM do this . A uploaded/shared file that is unedited is infingement of copyright no matter how you look at it. Copyright and Related Rights Regulations 2003

[Yorky2008]

Regarding why ACS and their clients are not demanding that torrents be removed - why should they? If the torrents were not there then their revenue stream would dry up - remember that they only own P2P distribution rights.

 

As TOMH stated, they need the torrents to provide a revenue stream, most of the works seem to be that poor they probably never had any legitimate sales so resorted to this instead - funny how all the games, vids, etc are unheard ones and not any major releases!

 

I remember seeing somewhere on this site a link which went to a document which basically showed that ACS business model was to actually plant the torrents on site and then wait for people to download them and then just 'follow the trail'

 

Yorky

[stanwixman]

rite the letter we hav al had is re to evacuate the dancefloor by cascada and yes it is all real court order everything and it is thru a tracker that we hav been allegedly pulled up on tghis as staff at a site we hav a ongoing problem with trackers wich are used on the torrents so we hav implemented a list of banned ones wich are no longer to be used for the safetey of all our mebers and visiters as its a public site so best be safe than sorry BUT if u look at the letter u have got the is 2 types of number codes one called file id and one called guid if u type the file id into ur google it will bring up the album/song in question so u can inform the sites it is on the file id is reffered to as the hash code but anyway i hope this helops in sumway as sum11 said shud they inform the sites the go for it enter the hash(file id on u paperwork)but in future IF u did download or do from torrent sites chek the trackers on the file u download ther shud be them on the file download page coz me i most proberly did download it but seriously cant rember also using peerblock or peerguardian helps immensly so again i hope this helps here is a list of banned trackers wat we have banned so if u c these dont download

http://denis.stalker.h3q.com/announce

http://tracker.ilibr.org:6969/announce

http://exodus.desync.com:6969/an​nounce

http://tracker.irc.su/announce

http://tracker.irc.su:80/announc​e

http://tracker.prq.to/announce

http://red.tracker.prq.to:80/ann​ounce

http://94.75.205.147:80/announce

http://tracker.kalkin.de:6969/an​nounce

http://66.172.60.1-66.172.60.25​​5

http://66.177.58.1-66.177.58.25​​5

http://66.180.205.1-66.180.205.​​255

http://209.204.61.1-209.204.61.​​255

http://216.151.155.1-216.151.15​​5.255

ttp://tracker.to:2710/announce[/qu

 

Thanks for the post but next time can we have some punctuation, there was not a single full stop in that post , i'm out of breath now reading it lol

[Scooby Doo69]

rite the letter we hav al had is re to evacuate the dancefloor by cascada and yes it is all real court order everything and it is thru a tracker that we hav been allegedly pulled up on tghis as staff at a site we hav a ongoing problem with trackers wich are used on the torrents so we hav implemented a list of banned ones wich are no longer to be used for the safetey of all our mebers and visiters as its a public site so best be safe than sorry BUT if u look at the letter u have got the is 2 types of number codes one called file id and one called guid if u type the file id into ur google it will bring up the album/song in question so u can inform the sites it is on the file id is reffered to as the hash code but anyway i hope this helops in sumway as sum11 said shud they inform the sites the go for it enter the hash(file id on u paperwork)but in future IF u did download or do from torrent sites chek the trackers on the file u download ther shud be them on the file download page coz me i most proberly did download it but seriously cant rember also using peerblock or peerguardian helps immensly so again i hope this helps here is a list of banned trackers wat we have banned so if u c these dont download

http://denis.stalker.h3q.com/announce

http://tracker.ilibr.org:6969/announce

http://exodus.desync.com:6969/an​nounce

http://tracker.irc.su/announce

http://tracker.irc.su:80/announc​e

http://tracker.prq.to/announce

http://red.tracker.prq.to:80/ann​ounce

http://94.75.205.147:80/announce

http://tracker.kalkin.de:6969/an​nounce

http://66.172.60.1-66.172.60.25​​5

http://66.177.58.1-66.177.58.25​​5

http://66.180.205.1-66.180.205.​​255

http://209.204.61.1-209.204.61.​​255

http://216.151.155.1-216.151.15​​5.255

ttp://tracker.to:2710/announce

 

Remember this forum and Slycks is for those who are victims of foul play. Neither condones the illegal torrenting of copyrighted material.

 

PeerBlock is a replacement for Peer Guardian and uses what's called a blocklist of known ip addresses so if one of the users of the ip address tries to connect to your PC, it is denied.

 

Scoobs

[Scooby Doo69]

If ACS:LAW have the distribution rights and uploading to torrent sites they are also breaking the law that they are trying to uphold?

 

You can run a website which contains 10000's of songs to download (if you own the distribution rights) for free if a advert is added to the beginning . Such sites like IMESH and LAST.FM do this . A uploaded/shared file that is unedited is infingement of copyright no matter how you look at it. Copyright and Related Rights Regulations 2003

 

They will claim that they have permission (or at least Digiprotech have) to perform the task to capture evidence. Similar to a Police Officer posing as a drug taker to purchase drugs off a dealer.

 

True, file sharing in itself is not illegal, but they are claiming the uploading of copyrighted material.

 

It's just the evidence that appears to be lacking LOL

[Valuev]

Sorry for the continual posts by myself here, but I have a question: at which point does this process become "entrapment"?

 

If torrents of copyrighted material are allowed (encouraged?) to continue to be available, with someone or something (data gatherer) joining the swarm to catch fellow Peers' IP Addresses, this seems fundamentally illegal.

 

Unfortunatley our country doesnt recognise the term 'Entrapment' in the way the States do:-(

[craigbest]

newbie here

 

and got the evacute dance floor letter

 

 

i will be sending a letter as i have no idea about this, but 1 thing i have not see in any forum is how many times do they normally try and persue individuals before they give up. is it 2 or 4 letters they send or do they just keep going ???

 

sorry if i missed it somewhere but thanks in advance:sad:

[Time on my hands]

Regarding entrapment and ACS law breaking the law - remember that it is only supposition that their clients ever seeded these torrents themselves.

 

It's like speed cameras - they're just watching the traffic and taking names. They're not telling the car manufacturers to make the max speed 30mph!

[zero_flight]

I think that the majority of people receive about 3 - 4 letters, then nothing more.

[Let's Beat ACS]

So we received the generic Cascada upload letter yesterday. Found this site very helpful, will be sending the letter of denial.

 

My question is though, has anyone noticed that on some peoples letters, the name is 'Allan Kopie' but on others (including mine) it is 'Allan Eshuijs'. That definately ain't no spelling mistake.

 

 

I too have received the letter and have noticed that the name on the court order is Kopie (which by the way means copy in Dutch - is this a sign?) but the letter gives it as Eshuijs. Does this mean that Sky have actually breached the Data Protection Act by supplying information about a different rights owner?? Not to mention the fact that this now looks extremely dodgy - surely the 'applicants' have to sign an aplication to apply for a court order????? Wonder if there's a way of viewing this

[Let's Beat ACS]

So we received the generic Cascada upload letter yesterday. Found this site very helpful, will be sending the letter of denial.

 

My question is though, has anyone noticed that on some peoples letters, the name is 'Allan Kopie' but on others (including mine) it is 'Allan Eshuijs'. That definately ain't no spelling mistake.

 

 

I too have received the letter and have noticed that the name on the court order is Kopie (which by the way means copy in Dutch - is this a sign?) but the letter gives it as Eshuijs. Does this mean that Sky have actually breached the Data Protection Act by supplying information about a different rights owner?? Not to mention the fact that this now looks extremely dodgy - surely the 'applicants' have to sign an aplication to apply for a court order????? Wonder if there's a way of viewing this

[greatwhiteshark]

hi, have also received letter from acs law and was very nearly scared into paying but after reading your comments have responded with a denial letter, am very shocked at how easy it is for these firms to be able to get away with this kind of thing. have checked computer history from when first bought and can't find any proof i was actually on the computer at the time they accuse me of!!

[zero_flight]

Well I have just finished writing my second LOD, intend to send it in the morning. Hope that I do not hear anything more, but I will be very surprised if I do not. Lets wait and see.

[numberonedon]

ok then so i think i will d the old letter of denail at the end of the day ther is ABSOLUTELY NO WAY in them proving that you downloaded that song or watever unless they remove your computer or in my case not since i have had many computers in this time i cant even rember wat i was doin on the date they gave for the offence.

but i suppose thats how they roll innit?coz they know full well u wont remember if u done it so it scares u into paying my oh my they are sharks and they makin us out to be criminals?lol

 

punctuation c used it this time!

[pl1p]

Data controllers

 

A data controller is the person who determines the purposes for which, and the manner in which, any personal data is, or is likely to be, processed. In other words, you will be a data controller if the processing of personal data is undertaken for your benefit and you decide what personal data should be processed and why. A typical example of a data controller is an employer.

Personal data

 

Personal data means data which relates to a living individual who can be identified from that data or from that data and other information which is in the possession of, or is likely to come into the possession of, the data controller. For example, most organisations will process personal data relating to employees, customers, suppliers and business contacts. These individuals are referred to in the Act as 'data subjects'.

 

Processing

 

The Act applies when personal data is processed or is to be processed by a computer, or is recorded or to be recorded in a structured manual filing system. There are other types of system covered by the Act, but these are the most common.

Whether or not manual files are covered by the Act is not always an easy question to answer. To be covered:

 

• there must be a set of information relating to individuals,
  
• which is structured either by reference to individuals or by criteria relating to individuals,
  
• in such a way that specific information relating to particular individuals is readily accessible. If your manual files fall within this definition, you will have to comply with the Act.
  

The term 'processing' covers virtually any use which can be made of personal data, from collecting the data, storing it and using it to destroying it.

 

 

 

 

In order to comply with the Act, a data controller must comply with the following eight principles:

 

1. The data should be processed fairly and lawfully and may not be processed unless the data controller can satisfy one of the conditions for processing set out in the Act.
   
2. Data should be obtained only for specified and lawful purposes.
   
3. Data should be adequate, relevant and not excessive.
   
4. Data should be accurate and, where necessary, kept up to date.
   
5. Data should not be kept longer than is necessary for the purposes for which it is processed.
   
6. Data should be processed in accordance with the rights of the data subject under the Act.
   
7. Appropriate technical and organisational measures should be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
   
8. Data should not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data
   

 

Purposes of processing

 

Data subjects must be given information about the purposes of the processing. This information is generally provided in the form of a data protection notice, which can be given in application forms, terms and conditions, by telephone or on a website. The information to be set out in a data protection notice must include a description of:

 

• details of the data controller;
  
• the purposes for the processing, including any non-obvious purposes (e.g. cross-mailing, host mailing);
  
• details of any recipients of the personal data (e.g. other companies within the group) and their purposes;
  
• an opt-out / opt-in to marketing, as appropriate;
  
• a description of the methods to be used for contacting individuals for marketing purposes (e.g. telephone, fax, SMS, email and/or mail); and
  
• any other information that is necessary to make the processing fair (e.g. whether it is obligatory to provide all the information requested or whether provision of some of that information is optional).
  

Rights of individuals

 

Data controllers must give the following rights to data subjects:

 

• the right of access to his or her personal data;
  
• the right to object to certain processing causing substantial damage or distress;
  
• the right to object to automated decision taking; and
  
• the right to object to direct marketing.
  

[numberonedon]

wow i was just reading ther website(acs)and saw this

 

 

Copyright infringers generally buckle when litigation is formally initiated. Our experience shows that most will seek an out of court settlement and offer to pay costs to date.

so we generally buckle omfg thats soooo bad!

[numberonedon]

wow i was just reading ther website(acs)and saw this

 

 

Copyright infringers generally buckle when litigation is formally initiated. Our experience shows that most will seek an out of court settlement and offer to pay costs to date.

so we generally buckle omfg thats soooo bad!

[Valuev]

Data controllers

 

A data controller is the person .....SNIP....

 

sorry, but that goes straight over my head as probably many people here and probably leaves us more confused:confused:.

 

Try and keep things in laymans terms for everyone to understand;)

[xer0s]

Just a quick msg to pl1p..... are u Terence in disguise? My spidey senses tingle when you speak. You display way too much knowledge in such a short period of time.... but then again sfw, do what you gotta do it's all good