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

[slammer74]

I got sent the same letter today claiming i downloaded ministry of sound 2010 in december 2009 and am to pay £375.....Rang the solicitors who advised me that MOS used a program called Digiright which has traced the download back to IP address...which when checked isn't even my address...it shows somewhere in plymouth.....but was then advised IP addresses change. Funny thing is its highly unlikely i have downloaded this album as i hate dance music!! lol

Gonna seek legal advice as think £375 for one album is a bit steep!!

[tp123]

If I didn't upload file and I got this letter. What do I do,ignore it, phone them or send them a letter.

 

If you didn't download/upload it, and this company has written to you to make a cliam under the code of practice for pre-action protocol in interlectual property rights disputes (like ACS Law) then you should as the defendant and as a minimum, reply with a letter denying the allegation and explaining why.

 

This is what I did in April. I recieved another letter after that to which I replied, again denying it. I have heard nothing since.

 

Without more details of the contents of these new letters from this new firm it is hard to comment.

[trevmurray]

Cheers

Edited July 19, 2010 by trevmurray

[tp123]

[...]Rang the solicitors who advised me that MOS used a program called Digiright which has traced the download back to IP address...[...]

 

Is this Digirights - the well known German IT company that ACS Law used to employ before they started using a two bit London company called NG3 Systems...before they stopped even naming their IT experts in their letters...

 

Or is it Digiright - a company based in the Costa Del Sol and equally dodgy looking?

[Valuev]

I don't think it works like that it's not the case of debbie does dallas x 2 a sequel is still only one film. In Jaws 2 there wern't 2 sharks or an extra film

 

Sounds like another cockup if you pardon the joke

 

I think he is saying it is for 2 films ie:- DDD1 and DDD2, not just DDD2

[joe1979]

thanks for input guys, gona write them a letter stating that i havent downloaded this file, just to add the ip address on letter is different to my own aswell.

[slammer74]

Is this Digirights - the well known German IT company that ACS Law used to employ before they started using a two bit London company called NG3 Systems...before they stopped even naming their IT experts in their letters...

 

Or is it Digiright - a company based in the Costa Del Sol and equally dodgy looking?

 

 

solicitor said its well known company that have been used in the states, uk and germany. Pretty vague really didn't think solicitors sounded very proffessional over the phone...something didn't add up

[tp123]

[...] just to add the ip address on letter is different to my own aswell.

 

It is normal for the ip address to be different. It will be a "dynamic address" which means that the Internet Provider allocate you a different ip address nearly every time you connect. The ip address quoted in the letter is the one that was allegedly being used at the time of the infringment.

 

Anyway, it is immaterial what the ip address is or was, as it only identifies an internet enabled device, not an individual. The device in this case is probably the wireless router that the Internet Provider allocated an ip address to - that address can be discovered and spoofed very easily as can the router be hacked and used by a 3rd party.

[martin00001]

hello newbie here, I tried rwading all the comment on here but go tto confussing for me after a while. i recived the leatter about the "cascada - Evacuate the dancefloor" Album. PLz plz plz can anyone help.

[STC12]

Hi All - Big thanks to everyone who has posted here.

 

Got my first letter from ACS this morning and done all the usual emotions : frightened, shocked and increasingly angry. My letter is about evacuate the dance floor.

 

After reading other peoples experiences, will now calmly use the template for the Letter of Denial (LOD).

 

At least i know that i will get further threatening letters, but will start to enjoy the game that is ACS -although still have a small worry about paying this money !

[benk103]

Received a letter today from Gallant Macmillan. I'll hold my hands up and say if I've downloaded the file, but I'm pretty worried - does this go down as a criminal offence, and as such on your criminal record?

Edited July 10, 2010 by benk103

[STC12]

hi benk103 - Its a civil matter so no criminal record.

But even if you did do it, they need to prove it. Something that most people think they cannot do - they have not taken anyone to court yet i understand.

Have a read of this forum and then make up your own mind what to do.

Just take a few days to get your head around all the info - once you admit it, there is no way back.

[benk103]

I just can't see past the idea though that if I do one of these Letters of Denial, then it turns out they can 'prove' it, that it's going to end up with a bigger fine. I can barely afford this as it is! On the other hand like other's have said, if you pay once chances are they might come back cap in hand again. Has anyone here actually paid them?

[safe_hands]

technically each infringemnet is a case of its own so they could send you a letter in ralation to as many cases as they feel you've broken the copyright. From what i have read it seems that they are just chancers trying to scare people into paying out. I mean if they had all the proof, i cant believe that they would not just take you straight to court as you if found guilty would be liable for the costs.

[davvruss]

not sure on a point here, i was told thatthey had taken outa court order against sky to get the addresses of the ip users could they do this or would it not be covered by data protection act

[Giant555]

I too received a letter from Gallant Macmillan this morning demanding £375 for allegedly downloading Ministry of Sound - The Annual 2010 and went into blind panic. Checked my IP address and it isn't the same as the one they have quoted, however I have read that Sky uses dynamic IP adresses. Can you prosecute someone on the evidence of a dynamic IP address? Am going to Citizens Advice on Monday so will report their advice.

[STC12]

Davvruss- The only way for them to get the account holder address from the IP is via a court order - they have done this "forcing" Sky to give out the names and address of the account holder.

I say "forcing" as Talk Talk refused to hand over the info- Sky and others just handed it over...

[zero_flight]

Here's a little bit of news I found interesting "http://www.bcs.org/server.php?show=conWebDoc.36277" . Lets hope other ISPs jump on the bandwagon .

[ashash23]

I got my letter today i feel a lot better now after seeing im not the only one. I read that there is a template for a letter which i can use how do i go about downloading or seeing what to put in my letter thanx

[Zeitza]

I wonder how many people got this letter...

Edited July 9, 2010 by Zeitza

[ryedonny]

Got my letter this morning from ACS:LAW solicitors demanding £295 for apparently downloading "Cascada-Evacuate The Dancefloor" cd. I don't even like Cascada!! If any knows where to find a template letter to send to these **** bags would be much appreciated, or is it best to completley ignore them?

 

P.s found a good video on the subject YouTube - Davenport Lyons - threatening letters.

[youtube]

Lawdit are your best bet for a solicitor they handle alot of these cases but remember solicitors are not cheap either when hiring them. Google them then go to their IP (intellectual property) section.

 

Remember on the internet mate don't give to much info away about your particular claim as they can use it against you, you should edit your post about your router / missing part of your name etc. ACS:LAW actively browse these forums and scrap together any minute piece of info on you, because as it stands all they know about you is your name and address.

[thomas2008]

UNfortunatly i admitted to downloading the file will ihave to pay the money because i admitted or not:(

[thomas2008]

I forgit to mention that they said i had uploaded the mos the annual but have never done that:(

[lostinspace333]

first post . just received a letter as well from gallant and macmillan for 375 saying we downloaded the ministry of sound album when we didnt.it also states an unbelievable time that we downloaded it too. what do i do?? i have read quite a bit and intend to send them a lod. please help this is outragous.