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

[Crunchy5]

@Captain 123

Thank you for your note.

 

Had I downloaded a MediaC file, should I simply send a LoD anyhow?

 

My ISP Sky, have no knowledge of releasing my stuff as it would contravene Data Protection.

Although I did have to try and explain what an IP Address was.

 

If I admit and pay, then on comes the additional barrage of more music/film downloads! rock and hard place?!

[iaidoman]

yes it was media C.A.T. I google'd it and sure enough it is on a site called pirate bay but I also wnt to the pornograhy site 'private' and ... nothing. apparently it is a group of films with 193 files...... but I have been listed for 1 WTF !!!!

[nickyorm]

Its all very scary, you guys seem to really know what you are talking about. I'm not really all that knowledgable about computers or the legal side of whats happening but i do know this thread has been a massive help. I hope i dont here from this guy again after my LOD today and i think its terrible that the files i'm being accused of downloading/uploading are still available on these p2p site which goes to show its not about protecting his clients work. I mean its a choice between him getting what, £5 for a legal download (I've no idea how much porn movies are lol) or a lovely five hundred quid for copy right infrigment. surely if they were that bothered they would pour their resources into moving these files off these websites.

[iaidoman]

@Captain 123

Thank you for your note.

 

Had I downloaded a MediaC file, should I simply send a LoD anyhow?

 

My ISP Sky, have no knowledge of releasing my stuff as it would contravene Data Protection.

Although I did have to try and explain what an IP Address was.

 

If I admit and pay, then on comes the additional barrage of more music/film downloads! rock and hard place?!sky will have relaesed your isp.

 

 

 

I contacted sky this morning. please query them . I was told to contact them (bskyb) on coenquiries@bskyb . com I have had to put additional spaces in because the forum will not allow me to post websites untill I have posted 20 or so threads/posts.

[captain-123]

@iaidoman

 

I can't really answer that it is down to each person as only they know the true situation. If it was me and I hadn't done it then I would never pay them a peny.

 

If I had then the options are to deny completely and never change your stance or give them any further information other than LOD and see how that goes or to speak to some one like xxxxxxxxxx and ask them to deal with ACS to try to reduce your settlement figure.

 

You could always give xxxxxx a call and see what they think I'm sure they will give a bit of free advice. I've read somewhere that they charge £150 to deal with this so it depends on how much they could negotiate, either way its worth a call to see what your options are.

Edited September 20, 2010 by IdaInFife
removed names as advertising

[8of9]

@Captain 123

Thank you for your note.

 

Had I downloaded a MediaC file, should I simply send a LoD anyhow?

 

My ISP Sky, have no knowledge of releasing my stuff as it would contravene Data Protection.

Although I did have to try and explain what an IP Address was.

 

If I admit and pay, then on comes the additional barrage of more music/film downloads! rock and hard place?!sky will have relaesed your isp.

 

 

 

I contacted sky this morning. please query them . I was told to contact them (bskyb) on coenquiries@bskyb . com I have had to put additional spaces in because the forum will not allow me to post websites untill I have posted 20 or so threads/posts.

 

If COENQUIRIES are still like they were when I tried to obtain information then you are going to have a very sore head. I was baanging my head on that brick wall for weeks and all I was getting was the automated reply advising me to contact ACS Law. You will have to be very persistent and inventive to get anything out of them!

BskyB have to reveal your IP details when they receive the NPO. They probably get a fee from ACS Law for every one they provide. If you eventually get through to BskyB and talk to someone they will not provide you with the same details or any other details about your broadband account ie IP addresses, sites visited, dates times etc.

What you can do however is apply for a "Subject Access Request" for your details. Thiis will cost you about £10.

 

Yes you have to pay them to provide you with your details that they have already been paid to reveal to someone else.

Edited September 20, 2010 by 8of9

[captain-123]

If COENQUIRIES are still like they were when I tried to obtain information then you are going to have a very sore head. I was baanging my head on that brick wall for weeks and all I was getting was the automated reply advising me to contact ACS Law. You will have to be very persistent and inventive to get anything out of them!

BskyB have to reveal your IP details when they receive the NPO. They probably get a fee from ACS Law for every one they provide. If you eventually get through to BskyB and talk to someone they will not provide you with the same details or any other details about your broadband account ie IP addresses, sites visited, dates times etc.

What you can do however is apply for a "Subject Access Request" for your details. Thiis will cost you about £10.

 

Yes you have to pay them to provide you with your details that they have already been paid to reveal to someone else.

 

Not sure if I've read this right but I don't think they (ISP) provide ACS with any information (sites visited, times etc.) other than who had the IP address that is related to said infringement at said time.

[sillygirl1]

Any news on the court case yet?

[8of9]

Not sure if I've read this right but I don't think they (ISP) provide ACS with any information (sites visited, times etc.) other than who had the IP address that is related to said infringement at said time.

 

No, I dont think I put it down right.

They (ISP) only provide name and address.

If you want details of you own account you have to use a Subject Access Request, at a cost. They wont just give them to you.

Either way BskyB get paid.

[johnsmith999]

Any news on the court case yet?

 

Yes there is news about this case on Slyck and Plusnet forums.

[nickyorm]

this doesnt make alot of sense to me lol, so if someone could spell it out in laymans terms i would be really grateful.

[nickyorm]

i also read on the plusnet forum that the court case was ajorned till the 4th october.

[sillygirl1]

The article says in plain English "a disgruntled group of people have taken down the website using the internet as their source of attack...."

 

The biter has been bitten on its own bum!

[nickyorm]

i got the jist it was all the computer jargon i didnt understand. im glad people are doing something

[nickyorm]

hmm acs website seems to be back up now

[Sussex65]

bit of advice please.....been following this forum for a while as received my 1st letter from ACS in July. Sent the LOD to that and also the 2nd letter.....however, this morning recevied a 3rd letter saysingthat they dont recognise the LOD as a template, etc and have withdrawn their offer for me to settle claim by paying £295. What I dont get is they've enclosed another offer saying I can settle for £255 or be taken to court if not paid within 21 days.....so they withdraw the offer and then give me an offer to settle for less ? Anyone else had this ? needless to say will not pay as totally innocent of the charge

[car2403]

Please be careful when posting material here - copyrighted material will cause the forum issues. New members have limits placed on them to prevent spammers coming here and disturbing the peace.

 

Also, we need to be careful not to place potentially libellous comments on the site. I know tempers and emotions run high, but the good of the site needs to come first and foremost.

[STC12]

Sussex 65- thanks for your post. I've now sent off 2 LOD's - First one was a "template" 2nd one was in my own words, still a firm no ! I was hoping that would be it, but am now expecting a 3rd letter.

My advice would be to check carefully whether this 3rd letter is in fact a NEW / DIFFERENT claim. Is it for the same alleged copyright infringement, IP address, Date etc. It could be a new ploy - If it is different, and you don't send an LOD, they could go for default judgement.

 

Check and let me know !

[JustInterested]

You undoubtedly know that Gallant Macmillan have recently applied for a further NPO. You may also know that their application has been postponed until the 4th of October because Chief Master Winegarten (CMW) raised concerns sent to him by members of the public.

 

This is very significant and is your best opportunity so far to stop these NPOs being issued for good. If you are affected by this [problem] and have received a letter of claim from GM, or indeed ACS Law, then write to CMW now before the 4th October deadline with your concerns.

 

Here are two questions you should definitely include in your letter to CMW:

 

1. Ask him to question the Law firm as to why they, or their client, have not issued a take down notice to the various torrent websites that are making their client's works available for download. They haven't done this as the files are still available for download. This is important because it helps to demonstrate that this is a money making [problem] and not a genuine effort to protect their client's works.

 

2. Ask him to question the Law Firm as to how much of the file being made available for upload was monitored by their software. This is important because to infringe copyright a "substantial" part of the work has to have been copied and distributed. Now, the method used by these companies almost certainly does not monitor the quantity of data (i.e. the amount of the file which is their client's work) being uploaded. It almost certainly only logs the fact that the file in question is being made available for upload and the IP on which it is happening. If they can't prove that they know for certain that a "substantial" part of the work was uploaded then they can't prove that there has been a breach of copyright and they won't get the NPO.

 

Don't delay with this. Send your letter to CMW now and let's stop these NPOs being issued.

 

Also, if you are technically minded and are good at putting things into layman's terms, then please write to CMW with a brief explanation of how Bittorent works and how the IP farming software is dubious.

 

Chief Master Winegarten

Chancery Division

Room TM 708

The Royal Courts of Justice

Strand, London

WC2A 2LL

[purplelavender]

I received the "second" letter from ACS in July this year which referred to previous correspondence. I put "second" in quotes as I never received the first letter. However I called ACS telling them this and I made no comment to them regarding their accusation. They sent a copy of the first letter dated January 2010 with a covering letter asking for a reply within 21 days. To date I have not made any contact and no LOD has been sent nor have I heard anything from them. I have been following this thread for all this time and I am not sure what to do for the best. Should I send an LOD or leave it and see what happens? Every day I wonder whether I will receive another letter! BTW they wanted £400.

[STC12]

purple lavender - Its a pain,but you need to send One LOD which stops the chance of them getting a default judgement.

[Huff&Puff]

Erm, ignoring court papers is what gets a person a default judgement, not whether a LoD is sent or not. If you don't bother to send an LoD, they have no idea whether court action would be defended or not, which potentially might mean that they would be more likely to chance court. But you would still get the court papers, and get a chance to defend. IMO they would the withdraw at the speed of greased lightning. If they lose in court, and it's hard to see how they could win, then it puts an end to the [problem].

[8of9]

OUTCOME OF NPO HEARING 20/09/10

 

THIS MAKES VERY INTERESTING READING

 

http://torrentfreak.com/judge-warns-of-end-to-file-sharing-cash-demands-100922/

 

CMW is obviously concerned about these applications and has deferred his ruling until 4th October due to a letter(s) he has received from a member(s) of the public querying the process. Whether or not CMW is fully up to speed on P2P, file sharing and Bit Torrents it wasn't helped by GM' s solicitors description. It could be that they were attempting to pull the wool over his eyes or they are just inept.

Whatever was in that letter(s) it has got CMW's attention.

Now is the time for some IT professional legally savvy member of the public to write to him and "open his eyes" as to what is going on.

[canttakemeforafool]

hey everyone has anyone tried to get on acs website i keep getting the server down notice.

[cerberusalert]

hey everyone has anyone tried to get on acs website i keep getting the server down notice.

It's experiencing a DDoS attack. Google 'acs DDoS attack' & '"Operation: Payback Is A Bitch".