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

[Toulose LeDebt]

There's a very good article in the Telegraph here.LINK

 

Lord Mandelsnakeskin has been toadying up to the movie and music industry moguls and has apparently been 'succesfully lobbied' (probably a non job after the next election ) to bring in new legislation to stop internet piracy.

 

Which kind of gives the game away that there isn't such legislation at the moment.:rolleyes:

[mr.ton]

Interesting article in the Telegraph that is...

[cerberusalert]

Commissar Mandelson is aiming to criminalize what is in effect a civil action in order to swell the government's coffers at £50,000 a throw.

 

Surely music/film piracy cannot be singled out? What about other copyright infringements?

[Toulose LeDebt]

Commissar Mandelson is aiming to criminalize what is in effect a civil action in order to swell the government's coffers at £50,000 a throw.

 

Surely music/film piracy cannot be singled out? What about other copyright infringements?

 

Obviously they don't pay enough to be 'succesfully lobbied', maybe we can expect any legislation forced through by our morally bereft leaders to be drafted thus:

 

The internet Piracy Laws 2010.

 

(The internet Piracy Laws 2010 have been brought to you by Sony)

 

 

Sec 5

 

(1) It shall be an offence to download or upload in whole or in part, any restricted goods as defined within this Act.

(a) For the purposes of this Act restricted goods are the following: Any film from the studios of Time Warner, HBO, Pixar, Disney or any subsidiary company, any music on the Sony, EMI or Virgin labels, and Harry Potter books both digital or audio copies, recordings originating from programmes broadcast by the BBC, channel 4, Sky and the National Geographic channels, Microsoft Xbox, EA Sports, Activision and playstation 3 games.......

[cerberusalert]

recordings originating from programmes broadcast by the BBC, channel 4, Sky and the National Geographic channels,

I better get rid of my VHS recorder & Sky+ recorder then.

 

After all, I wouldn't want to infringe copyright would I?

[MrShaun]

Hello All,

 

I have sent my letter refushing the offer under section 36.

 

Is anyone else doing the same?

[brokebutnotbeatn]

Note the comments re "repeated offenders" with a warning desist letter and graduated punishment - slowing down connect being the first! Clearly even if ACS had a case then then they'd still ahve an uphill battle to get any compensation! I think one simple denial and desist harassing me letter sent recorded delviery should more than suffice...

[caledfwlch]

Is there an ethics/corrruption department that Mandy can be reported too? its a bit suscpicious.......

 

I wonder how they are going to square disconnecting children from the internet with their policys that everyone should have the internet and it is basically a utility now.

[car2403]

Is there an ethics/corrruption department that Mandy can be reported too? its a bit suscpicious.......

 

I wonder how they are going to square disconnecting children from the internet with their policys that everyone should have the internet and it is basically a utility now.

 

[caledfwlch]

 

The goverment has all these plans to put broadband into every home in Britain, they have said they pretty much consider it a utility like gas, water, electric, phone.

 

If they are going to disconnect internet connections under mandys proposals (which I thought had already been thrown out) then its a fact they will be disconnecting children and depriving them of valuable study tools.

[Toulose LeDebt]

I better get rid of my VHS recorder & Sky+ recorder then.

 

After all, I wouldn't want to infringe copyright would I?

 

one only wonders what they expected us to record without infringing copyright when the VCR came out....

 

Actually I can answer that for you because I recently learned that a camcorder with a DV in facility is classified under EU regs as a Video recorder not a camcorder and as such attracts a cost surcharge of approx 15% which is paid supposedly to the copyright organisations to offset any perceived losses. Just as the copyright organisations also received a micro payment for every blank audio cassette, blank vhs tape and blank cd and DVD sold.

[JHLIV123]

Hello All,

 

I have sent my letter refushing the offer under section 36.

 

Is anyone else doing the same?

 

 

Hi, I sent my letter refusing to accept the part 36 offer also.

I posted this a couple of days ago and will keep you updated

on anything I recieve back.

[cerberusalert]

Just as the copyright organisations also received a micro payment for every blank audio cassette, blank vhs tape and blank cd and DVD sold.

If that's the case how can downloading mp3's be a copyright infringement as long as they are stored on the above?

[Toulose LeDebt]

If that's the case how can downloading mp3's be a copyright infringement as long as they are stored on the above?

 

One of the problems facing the music industry is that they are no longer being stored on these media but on ipods and other players with hard drives or flash memory hence no steady consumption of the consumables on which to make a few pence.

[caledfwlch]

One of the problems facing the music industry is that they are no longer being stored on these media but on ipods and other players with hard drives or flash memory hence no steady consumption of the consumables on which to make a few pence.

 

Me theory is that its not the "piracy" that the RIAA and its UK equivelent see as the problem or a threat, its the technology behind it.

 

They oppose the technology because in that technology they see their End. They have been robbing artists blind since the 1950's and they are expecting to continue with a business model that was the height of sophistication in 1950 in the 21st century digital age.

 

Its a fact the real money in music is in live gigging and concerts. Why on earth would a tech savvy band want to sign up to an incredibly restrictive contract with Sony or somebody, where every single little item will be logged and charged, and where the Company takes the vast lions share of the profit?

 

Why do that when the alternative is, clubbing together with wages from their day jobs, and paying £3-£500 for a perfectly reasonable and professional recording session in a local studio, then using digital means, both free and charging to distribute their music, and make a name, they are already forging with their live music.

 

The industry is screwed,and is grasping at straws, and speeding its own demise by alienating its consumers and criminalising them.

 

As an example of Industry largesee, I saw an interview with Meatloaf last year. He has had some BIG albums, he has been around for 30 plus years, has released lots of albums, does huge live concerts and is known worldwide.

 

January 2008 was the first time he ever actually made any money from his music he had been screwed to the wall by his restrictive and legalised robbery contracts for 30 years.

[niniel]

Hi everyone.

 

My husband received a letter from ACS Law a couple of months ago saying he had illegally down-loaded a XXX title in May of last year. I know he didn't do it (it's not that I'm very trusting we were out of the country on holiday at the time when they alleged it happened!). I sent a reply letter to ACS based on the template I found here and we didn't hear anything back from them until the other day when we got the standard second letter about "generic responses"

I've drafted another letter to them now pointing out that it doesn't matter if the letter we sent them was a template it doesn't change any of the facts and I've included the emails for our hotel and flight bookings for the date they say the movie was downloaded.

I'm so annoyed about the whole thing to be honest, it feels like utter harassment. I've decided if they write back again rejecting what we've said I'll just send them a letter telling them to take it to court. I'm seriously considering taking legal advice on counter claiming for harassment.

[Huff&Puff]

There are far too many posts that I've seen similar to Niniel's above - it is clear that their "method" of identifying alleged downloaders is deeply, deeply flawed. Cases like that, where a person can prove their innocence, should be another line of defence or those that can't. If they can get one IP address wrong, they can get them all wrong.

[andydd]

Hi everyone.

 

My husband received a letter from ACS Law a couple of months ago saying he had illegally down-loaded a XXX title in May of last year. I know he didn't do it (it's not that I'm very trusting we were out of the country on holiday at the time when they alleged it happened!). I sent a reply letter to ACS based on the template I found here and we didn't hear anything back from them until the other day when we got the standard second letter about "generic responses"

I've drafted another letter to them now pointing out that it doesn't matter if the letter we sent them was a template it doesn't change any of the facts and I've included the emails for our hotel and flight bookings for the date they say the movie was downloaded.

I'm so annoyed about the whole thing to be honest, it feels like utter harassment. I've decided if they write back again rejecting what we've said I'll just send them a letter telling them to take it to court. I'm seriously considering taking legal advice on counter claiming for harassment.

 

Quite clearly its unlikely they will reply further and of course court action is rather unlikely, you certainly do seem to have a lot of proof that you were not using your PC at that time, was the PC turned off whilst you were on holiday, it would be interested to see if you could get further information from your ISP proving that your PC wasnt even online, I agree counter claiming for some damages would be a great way forward, surely if ACS knew that every time they falsey accused someone if could end up costing them money then surely they would think more carefully, as it currently stand they can accuse almost anyone, often causing them distrees, is there someone more knowledgeable who knows about counter caliming for harrassment ?

 

I find their response about generic responses absolutely amazing, they are equally valid wther they are a generic response or an individulaised one and as pointed out before all of their letters are just geeneric ones, lets hope this saga draws to an end soon.

 

Andy

[cerberusalert]

I find their response about generic responses absolutely amazing, they are equally valid wther they are a generic response or an individulaised one and as pointed out before all of their letters are just geeneric ones, lets hope this saga draws to an end soon.

Their next complaint will be that people have the audacity to use consumer groups for advice.

[pridewat]

Just a quick update with regards to the letter i sent to my local MP.As stated earlier in this thread she forwarded it to Jack Straw at the ministry of justice,I have recieved a reply this morning stating that it was not a matter for the ministry of justice and had been forwarded to the department for business,innovation and skills and that they would contact me direct concerning this matter.Will let you know of any further development.

my MP has sent that to secretary of state for culture,Media and sports in JUNE have not heard anything so far

[cerberusalert]

Don't forget the gubberment are on holiday from 21 July 2009 until 12 October 2009.

[babybear39]

Don't forget the gubberment are on holiday from 21 July 2009 until 12 October 2009.

 

Nice job if you can get one

[lickthewallfatboy]

Don't forget the gubberment are on holiday from 21 July 2009 until 12 October 2009.

 

the way this country is being run,it appears that they're always on holiday:mad:

[babybear39]

the way this country is being run,it appears that they're always on holiday:mad:

 

Excellent point there LTWFB

[car2403]

Don't forget the gubberment are on holiday from 21 July 2009 until 12 October 2009.

 

Yes, I'm sure the people being made redundant in my company will be fine with that