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

[queen-peanut]

@ mos law suit

i sent it on monday, so they probably got it tuesday, it looks like a generic print off x

[queen-peanut]

p.s. just rung em again, stated i was in america for two weeks (again stated) and my laptop was turned off, as for being away for so long, i wanted to save electricity. they responded, well we'll wait for sky to comply. sky have said that i can give them my customer details to explain everything that has happened on my account end, they have given permission for GM to use them on one occasion only. i told GM this and they said, 'we need it in writing' mentioned that all calls where recorded down there end so why not, not got a decent response back tbh, i'll hang on for sky, otherwise GM can goto hell. i'm not playing anymore, they can take me to court.

[johnsmith999]

Ok a little Hypothetical scenario,

Album claimed for - Now thats what i call music 71

track claimed for - Guru Josh, Infinity

size of download - 365.93MB

Amount of claim - £400

 

Now my maths isn't as good as it once was, but assuming that the cost of the Album was £14.99 when it was released. and working on figures from the Root magazine, The Root Investigates Who Really Gets Paid in the Music Industry

that the "Artist" gets 13% of the profit

then 13 % of £14.99 = £1.9487 then divide by 42(no of tracks) = £0.046 or 4 1/2 pence per artist. this means that if you believe that 1 download = 1 lost sale (Which I dont) then you would have had to have uploaded the song 8,695 times to make the losses the same as what they are actually asking for which is £400.

Again assuming the size of the download is 365.93 MB in size, (again bare with me) =374,712.32 KB or 383,705,415.68 Bytes, or 3,069,643,325.44 Bits (Times by 8.) now working on the fact that the average upload line is limited to 512KBS (Kilobits per second) 524,288 Bits per second. it will take 5854 seconds or 97.5 mins to upload 1 album one time. To upload enough for £400 pounds worth of damage, 97.5 times 8695 =847,762.5 Minutes = 14,129 hours or 588 days!

Now is it just me that thinks ACS Law and others claims are ridiculous

Edited July 15, 2010 by johnsmith999

[queen-peanut]

johnsmith999..........i luv u!!! u talk geek like my husband!! one of the many reasons i married him. but yep, i totally agree with u, financial we are being well and truly shafted

[Mr Anonymous]

Theoretically people like ACS can you send you claim after claim after claim and make you bankrupt. The better option is to let the police knock your door and get a proper court case with a fine. This way it would be enough of a deterrent but not so much as to bankrupt you.

 

So just hang on in there and don't pay, wait for the adults to deal with it.

 

Wonder what happens if a person accidently sells there pc in the meantime?

[Nutty2tart]

Hi there. New to forum. Have skimread through all the posts. Have received our first letter from Gallant Macmillan this morning requesting £350. Is this a [problem] or not? Thanks. Also what is an LOD?

Edited July 15, 2010 by Nutty2tart

[tp123]

Theoretically people like ACS can you send you claim after claim after claim and make you bankrupt. The better option is to let the police knock your door and get a proper court case with a fine. This way it would be enough of a deterrent but not so much as to bankrupt you.

 

So just hang on in there and don't pay, wait for the adults to deal with it.

 

 

 

 

Woh,

 

They can't send claim after claim and make you bankrupt.

The police will not knock your door - this is a civil matter not criminal.

There is not going to be a court case or a fine.

 

In fact nothing is going to happen - they are just using a legal process to try their luck.

 

As for the adults dealing with it, apparently the SRA will be concluding their investigation by the end of July.

[Systorm]

Hey Stevo7790

No offence. It just goes to show the differing opinions and the confusion that this is all causing not to mention the anguish and sleepless nights!!

 

Dont know if anyone else has done this but has anyone googled the file ID of the torrent they have been accused of sharing. I found that it was still "available". If the rights holder was interested in protecting their copyright then they could have it removed as torrent sites must do this when requested by the rights holder. The fact that these torrents are still there just confirms that they have been created and made available for the sole purpose of extorting money from people. Basically entrapment. Unethical yes but I dont think its illegal in the UK.

 

I also found the specific file on btjunkie, why as this not been removed????

[zero_flight]

I also found the specific file on btjunkie, why as this not been removed????

 

Why would they take it down , it's making them tons of money since the so called copywrite owners uploaded the original torrent.

 

Has anyone ever went to the so called site the torrent originated from (mine was some spanish site )

 

Yet again I requested more info from ACS (you can get stuffed) LAW but no way or how will they give me it.

[abcdefg12345]

Hi guys, seen somebody post that The One show is showing their article on this tomorrow (16th July). Well I can inform you it has been pushed back to the (22nd July).

 

Sorry .

[zero_flight]

Hi guys, seen somebody post that The One show is showing their article on this tomorrow (16th July). Well I can inform you it has been pushed back to the (22nd July).

 

Sorry .

 

 

How do you know that the date has changed for showing it ?.

[abcdefg12345]

Just some info that has been passed onto me. You are welcome to watch on Friday still but when its not on make sure you tune in on the 22nd!!!!!

[STC12]

Having complained to the SRA about ACS LAW, I have received a questionnaire from them to fill in. Anyone else got one?

And anyone who has not yet complained to the SRA (solicitors regulatory authority) then can i urge you to complain now ! You can do it using their contact form on their website

Solicitors Regulation Authority - SRA

The more people that complain the better to keep this in the public eye.

[Nelly070]

Having complained to the SRA about ACS LAW, I have received a questionnaire from them to fill in. Anyone else got one?

And anyone who has not yet complained to the SRA (solicitors regulatory authority) then can i urge you to complain now ! You can do it using their contact form on their website

Solicitors Regulation Authority - SRA

The more people that complain the better to keep this in the public eye.

 

 

Yes I got 1 today, going to compelete tonight and send away

[IrishRugbyFan]

Just to let you know where i am. Received first letter 3 months ago, sent off LOD 2 days later and have not heard back from them as yet. Just out of interest what is longest someone has waited for until a second letter came.

 

First LoD went out in February...

Just received my second letter demanding payment within 14 days...

I was just starting to get some sleep at nights again too.

 

Preparing a second LoD to just refer to the first. Will be contacting Which? magazine as well.

[chelsea2010]

Yes I got 1 today, going to compelete tonight and send away

Do not bother filling in the questionnaire as they are only looking at ways to use your answers against you, it is not a claim and does not warrant answering.

[Mattyhatty]

What an amazing forum - love the response.

 

My mum, got the letter for Evacuate the Dance floor £295 - which as a cheeky comment, is what i do when the song comes on - is having sleepless nights over it. I have to admit, SO AM I! She is sleeping better understanding the civil procedures rather than criminal but the cost for compensation is a feared price to pay, especially with the idea of the cost of court procedures with the LACK of expertise knowledge to defend her case.

 

Ive read a lot of comments, and Ive advised her on the LOD and il be putting complaints forward to the SRA and legalcomplaints. Maybe also to Which? and Watchdog to bump up the complaints number to get this dealt with promptly.

 

What has wound me up is that the allegation has a date specified at a time where she was in Hospital. She is mentally fragile as to loosely put it, and i now feel that we will have to use Private and Confidential medical evidence - the hospital documents and history - to prove her innocence. The information is extremely personal to herself but we have no technical defence! Its a massive breach but we feel we have no choice in the matter.

 

Also, its triggering the medical issues she suffers from. Such a bullied letter for someone so innocent.

 

We will be in contact with our solicitor and will be adding to the LOD procedures of compensation if they continue with their 'threats'.

 

Il update in time the response from our solicitor.

 

It does look that if we all stick together on this and DO not pay, we prevent funding their blackmail carpet bombs to other innocent people and can put a bad name to another money seeking troll company. If our own legal authorities get involved too it looks a lot more promising especially when ACS are ignoring all LOD and slapping out several continued letters. Almost sounds like our defence is not being considered one bit which is not how it should be.

 

Also, an interesting article has just come through on google

ACS LAW on broadband genie - google the title below -

 

not got the link, as on work pc.

 

ACS:Law still sending out letters alleging file sharing as SRA investigation nears conclusion

[johnsmith999]

Do not bother filling in the questionnaire as they are only looking at ways to use your answers against you, it is not a claim and does not warrant answering.

 

Hi Chelsea2010, you have slightly the wrong end of the stick,

 

I also received one of the Questionairs, they are from the SRA asking for more information regarding ACS Law, Not from them weasels.

 

Its been 5 months now with no second letter for me. So maybe they realise that i am not someone to be messed with :grin:

[zero_flight]

First LoD went out in February...

Just received my second letter demanding payment within 14 days...

I was just starting to get some sleep at nights again too.

 

Preparing a second LoD to just refer to the first. Will be contacting Which? magazine as well.

 

 

I wonder why they have waited five months before sending you a second letter ?. I received my second letter four weeks after they received my LOD. Not sure how they decide when each person gets another letter, or if they do. Its totally bizarre to me.

[Mattyhatty]

Do not bother filling in the questionnaire as they are only looking at ways to use your answers against you, it is not a claim and does not warrant answering.

 

 

Is the questionairre is from SRA? If so, id happily fill it in.. depending on the questions.

 

Infact - STC12 / NELLY

 

what kind of questions did you have to answer?

[STC12]

The Email from the SRA is

"Please can you complete the attached Pro Forma and return it to this email address. We are aware of the letters that ACS Law are sending out and we are looking into the matter. We will contact you once the matter has been resolved. In the mean time, you may wish to seek independent legal advice regarding ACS Law."

 

and the SRA questionnaire -

 

Thank you for your email/letter reporting the concerns you have about ACS Law.

 

Our objective is to regulate solicitors and others involved in legal services in the public interest and in the interests of users of legal services. All the information we receive as regulator is useful. Our powers enable us to discipline those we regulate for misconduct and to place controls on how they practise.

 

Please note that we do not award compensation or provide other financial redress.

 

As you may know from media coverage of this issue, the SRA is already aware of the concerns being raised about ACS:Law. Rather than investigate each case individually, the SRA is dealing with these concerns by way of a single investigation that encompasses all the regulatory issues raised, which do not vary significantly between cases. We would therefore be grateful if you would complete the information set out below.

 

The SRA will keep a record of your report and, where possible, the SRA will notify you when an outcome has been reached. As the matter is still ongoing, it is not possible to provide you with any timescale at this point as to when that will be.

 

Thank you for providing this information to the SRA.

 

With regard to your own legal position, you may wish to seek independent legal advice about the claim. You may wish to consider contacting your local Citizens Advice Bureau or Law Centre for further assistance in this regard. Since this is a legal issue, the SRA cannot assist or give advice.

 

Information to be completed:

 

1. Your name and contact address (e-mail or postal):

 

 

2. The client of the firm. This information should be in paragraph 1 of the initial Letter of Claim sent to the caller.

 

 

3. The date of the letter of claim:

 

 

4. Name of the Internet Service Provider:

 

This information should be on the document entitled “Statement Report” or Court Order attached to the Letter of Claim.

 

 

5. The type of matter. This should usually be one of the following and again identified in paragraph 1 of the Letter of Claim.

 

Pornography 0

Music 0

Film 0

Electronic game 0

Other

 

Title of the Work:

 

6. The amount of compensation requested £

 

7. The Internet Service Provider costs £

 

The answers to 6 and 7 should be in the section of the Letter of Claim headed “Offer to settle”

 

8. The reasons why you dispute the claim. A brief summary of reasons would be helpful i.e.

 

I was not present at the time of the infringement;

I do not own a computer;

I have never heard of the game etc.

 

What to do next.

 

Once you have obtained this information, this proforma should be sent to the Contact Centre Officer who provided it to you. The Officer will be able to help if you have any further queries about this form.

 

Thank you for completing this document.

[ryedonny]

Stop panicking people. Don't even bother sending them a letter. They're not going to do anything but send you threatening letters. Do nothing, bin the letters they send you which are unrecorded anyway. Get on with your lives.

 

Easy

[car2403]

Complaining to the SRA has been discussed on this thread going back to May 2009 - what are they investigating, and why is it taking so long?

 

I think it would be useful for one of you (who has complained about this so long ago) would consider making a FOI to get information about the investigation, the number of complaints received and details of what the investigation is and means to you all?

[Mattyhatty]

Stop panicking people. Don't even bother sending them a letter. They're not going to do anything but send you threatening letters. Do nothing, bin the letters they send you which are unrecorded anyway. Get on with your lives.

 

Easy

 

 

Very true..... i think they will still send the threatening letters even if you dont reply. Not stating a simple letter of defence will allow them to joy ride to the letter of court summonings no doubt. As if they feel you are ignoring the letters, there is a high chance you'd ignore the summon and then they'd win a no show at court. better cheap stats for them.

 

but thats me just being paranoid haha

[tp123]

Complaining to the SRA has been discussed on this thread going back to May 2009 - what are they investigating, and why is it taking so long?

 

I think it would be useful for one of you (who has complained about this so long ago) would consider making a FOI to get information about the investigation, the number of complaints received and details of what the investigation is and means to you all?

 

Hello car2403,

 

This person has made a number of FOI requests regarding ACS Law:

 

Kevin Howard - WhatDoTheyKnow

 

and according to Broadband Genie.co.uk on the 15 Jul 2010:

 

It would seem the SRA's investigation into ACS:Law's Andrew Crossley is into its final stages, with the final response it is waiting for due in at the end of July. Once in, the SRA will decide whether or not to proceed with a disciplinary tribunal