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

[andydd]

Essentially, when it comes down to it ACS have no foundation for a case and the list of reasons (all posted by CAG members - what great folk!) is endless. To summarise just a little of what members have helpfully pointed out:

 

1) No court authorisation (ie innocent until proven guilty - letter assumes guilt)

2) Only proof is based on IP address (these can be faked, they can change - often as frequently as every 24 hours - and lastly Wi-Fi security can be compromised. The last point is not supposed to be a defence but this is thorny issue and can be debated either way. If someone steels your car and has a crash - you wouldn't be liable, so why would you be if someone decides to hack into your Wi-Fi connection!)

3) The receipt of people's personal details from IP addresses without permission from the internet provider (in this case Virgin(NTL) is illegal in itself - (1998) Data Protection Act.

4) Permission to obtain personal details from IP addresses would only be given in criminal cases (court orders) not in civil.

 

....the list goes on.

 

But further to point 4)..On the ACS site they have court orders in pdf format where it appears they did force ISP's to hand over names and addresses, so what is going wrong here ?

 

The following is from the FAQ you can download from ACS's site...

 

Ive put the whole thing as an attachment

ACS FAQ.doc

Edited May 8, 2009 by andydd

[kiptower]

they seem to have Guest'itus

 

Who's Online

 

We have 22 guests online

[Delta82]

This is The letter.

I delete only my personal data.

 

Pictures by Some_Random_Guy_album - Photobucket

 

 

I was about to do this thank you Mine is exactly the same but I got the joys of having two sent to me one for £730 and one for £860 even though it states they will only be "seeking one payment of damages from you"

 

Annoying to say the least

[sduffield]

This is The letter.

I delete only my personal data.

 

Pictures by Some_Random_Guy_album - Photobucket

 

 

Did they address the letter to you personally or was it to "The Occupier"?

 

Also on Letter 6, they mention the ISP as NTL Internet. I believe that NTL Internet does not exist as an entity (however I may be wrong) and therefore can not be named as your ISP.

[mr.ton]

They are simply so full of their own self importance its laughable

They have NO legal powers whatsoever.

If they have already been to the High Court..then how come they say they will take legal action?

I reckon if anyone who has received this letter contacted the High Court..you wont even be mentioned on their systems.

This ACS:Law are so full of self righteous bull its unbelievable & need bringing down a peg or 2

[mr.ton]

020 7898 0571

 

The lady on reception i just spoke to (even though i havent received a letter) has just been made aware that the police, OFT & trading standards are involved...the panic & hesitancy in her voice was a joy to behold

[Delta82]

020 7898 0571

 

The lady on reception i just spoke to (even though i havent received a letter) has just been made aware that the police, OFT & trading standards are involved...the panic & hesitancy in her voice was a joy to behold

 

 

Evil...

[sduffield]

Called their reception also and advised the lady that the letter is now in the hands of the Police and that a copy has been faxed to the OFT. Also advised her that obtaining monies by deception is an illegal act and unfortunately it will be ACS Law that will take the rap for that, not the client.

[mr.ton]

020 7898 0571

 

I recommend everyone rings that number to put the fear of God up them

[porkiepiepig]

020 7898 0571

 

The lady on reception i just spoke to (even though i havent received a letter) has just been made aware that the police, OFT & trading standards are involved...the panic & hesitancy in her voice was a joy to behold

 

Well done mr.ton, thats made my night .

[Some_Random_Guy]

Did they address the letter to you personally or was it to "The Occupier"?

 

Also on Letter 6, they mention the ISP as NTL Internet. I believe that NTL Internet does not exist as an entity (however I may be wrong) and therefore can not be named as your ISP.

 

 

 

It was address to the Internet account holder name

.......................

NTL Internet, known since February 2007 as Virgin Media

[Nightfire]

I too have had the exact same letter, for the same amount of money however reguarding the game dream pinball 3D

 

My letter too says NTL, which it has not been since 2007, the date i commited the alledged crime was 12/02/08,

 

the take over was then complete and it was called virgin media surely this shows how inaccate there montering software is as that isp name no longer exists?

 

your thoughts

 

cheers

[mr.ton]

This lot might be interested to hear from you all....

 

Metropolitan Police Service

New Scotland Yard

Broadway

London

SW1 0BH

0300 123 1212 (none emergency number)

[Some_Random_Guy]

The official Davenport-Lyons/ACS:LAW lawsuit discussion

 

3000+ posts

 

 

 

Slyck.com • View topic - The official Davenport-Lyons/ACS:LAW lawsuit discussion

[porkiepiepig]

Seems somebody has posted a link from another forum to the

ZuxxeZ Forum that states this is not a [problem] and eventually take measures if the complaints about the mentioned law firms should be accumulating has somebody on there puts it.

 

Just had a copt infringement letter for 2 Worlds - ZuxxeZ Forum

[Delta82]

Or to cut to the chase....

 

"Okay, first of all: ACS and Davenport Lyons are officially authorized by TopWare Interactive. So this isn't a [problem].

 

Now... I'm no lawyer and from here I can't make any direct inquiries about your cases. But of course you are innocent until proven guilty. So if you are sure that you haven't done anything illegal, there is absolutely nothing to worry about.

 

I realize that this must be frustrating and annoying for you. And I apologize if you may have been accused by mistake. But I hope you can also understand that we're just trying to protect our game.

However, we'll definitely keep an eye on it and eventually take measures if the complaints about the mentioned law firms should be accumulating. "

 

Complaints accumulating... bloody hell lol

[ACS Hater]

Add me to the list of recipients of the ACS letter RE Dream Pinball 3D demanding £665 in 21 days.

 

Managed to wade through all the info (thanks everyone for all the info) and urge everyone affected to get in contact with the following. They will hopefully take it seriously if enough people contact them.

 

 

Solicitors Regulation Authority (SRA) - 0870 606 2555 - Worth lodging a complaint against ACS for their threatening and possibly underhand practices.

 

 

BBC Watchdog - No phone number - BBC - Watchdog - Got a story - Again, let them know about your situation.

 

 

Consumer Direct/Trading Standards - 08454 04 05 06 - Explain the situation and they will take down your info and record it in their database. They will also pass the details onto the Trading Standards, which they work in partnership with.

 

 

Lawdit - Click Here - I called after seeing the link posted on the p2pfreak website and apparently represented people in the Davenport Lyons case. They seemed very interested in the case and are doing there own investigations into the matter. They had received numerous called already today regarding this matter and are well aware of the similarities between this and the Davenport Lyons case.

 

 

Let's unite!!!

[edgedc]

Continuing on my previous thread, I contacted my ISP to try and find out which company of solicitors obtained the High Court order for them to release my name. They were useless telling me to write a letter as the customer help office did not have a telephone!!. Anyway the reason for the request is that I suspect that Davenport Lyons [solcitors who originally started these actions of Watchdog fame] has either set up this little enterprise or sold on our names and details to ACS Law which the High Court would take a dim view of.

 

I forgot to mention that the secretary at Davenport Lyons gave a completely different telephone number to the one in London. This may be worth a call 01306 621218. Anyone got reverse look up as the London address is for mailing only, but interestingly enough is just over the road from Davenport Lyons.....

[Superjonboy]

The main thing about this, that no one seems to have addressed, has anyone actually downloaded these games?

 

I know I haven't.

 

Movies? Yes ,but come and look at my collection of DVD's (£100's spent)

 

Music? Of course, but again come and look at my CD collection. (£1000's easily)

 

Like other here I'd never heard of the game until today.

 

The only game I ever play on the computer is Champ Manager.

 

ACS - Ambulance Chasing Solicitors.

[Superjonboy]

I've just noticed something else.

 

I downloaded the document notesonevidence.doc from their website.

I then opened this in word and just clicked properties.

 

Here is what I found.

Something fishy about that.

[SomeRandomGuy21]

Might I make a suggestion?

 

I suggest that we all go to this ACS:LAW firm on the address provided in the sent letters ourselves and see what happens from there.

[sek]

OK, I'm also following another blog - p2pfreak.com - discussing this letter from ACS Law.

http://www.p2pfreak.com/forum/torrent-sites/1581-infringement-copyright-notice-two-worlds.html

 

Bloggers from p2pfreak.com have contacted BBC Watchdog and done some similar digging to that of CAG members. They're suggesting banding together to fight this. ACS Law don't have a good case anyway and there's no way they can fight all of us - must be hundreds if not thousands of us. We should make contact and really kick some ar*** together.

 

What I have just found out from p2pfreak (from 'Leebones' to be precise) is that Virgin Media have given people's details out. Virgin staff weren't aware of the case yesterday or earlier today when some of us were ringing them. But clearly it's come to their attention and their customer service staff have been briefed by their managers that they have had to give customers details out because they've been given a court order to do so. This is what Leebones had to say:

 

"The first call I made to virgin media explaining the letter revealed nothing. The rep said that nothing was noted in my account so she said to ignore the letter and leave it. I decided to call them a second time and explained to a different rep.he put me on hold to speak to his manager. After a few minutes he came back saying that indeed they had a court order and had to give over my details although they "didn't like it". The thing is I didn't even get a letter from virgin telling me my details were requested. But it seems virgin managers are now informing the phone reps of this. This is a genuine case, the only thing we can do is respond by letter to acs:law and deny these claims. I will also be contacting michael coyle who fought against davanport Lyons and seek his advice."

 

So, it seems ACS Law have got people's details legitimately, but this still doesn't mean they have a good case and certainly the way they've gone about trying to get people's money isn't legitimate which is probably why they are worried (according to how their anxious secretary sounds). This isn't surprising since a lot of us have notified OFT, the Police, etc who appear to have been in touch with ACS.

[mr.ton]

I can well imagine that alot of very angry people will be turning up at their headquarters on Monday morning...

[sek]

I hope so. I've been reading this blog (plus p2pfreak and DigitalSpy) and there are soooo many people who've been hit with this letter from ACS Law. I can't see as they can take us all to court. It's ridiculous. I'm furious (I think I have steam coming out of my ears) they have the nerve.

[mr.ton]

Like ive said many times..the fools obviously dont know how the court system works.

You cant just take someone there & get £600 out of them just like that.

There are proceedures to go through/legal rights etc...

The court has to take into account everyones income & expenditure, which is everything from bills to clothes,food,travel costs etc...

So chances are they will end up with a £1 per month if anything at all.

Plus the fact that there will be a cost to them for every person they take to court.

Thats all along way off anyway.

I therefore challenge them to bring the 1st person accused before a court