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

[minmac]

Wow 10.32pm, 32 people viewing. I have not rec nothing about this but it seems many many others have. Good Job this site is here to help the people who might have been scared into paying.

[nwotb]

all who are on board this forum say **EDITED** to ACS

Edited September 8, 2009 by car2403
Bypassing swear filter

[babybear39]

Foxtrot Oscar is more lady like

[toonagent]

hi everybody when i receved my first letter i did not reply with LOD i replyed saying my router must of been hacked as i have never done what they were claiming . several weeks later i receved my second letter asking for the make and model of my router i have given them what they asked for and also told them that i would not be relying to anymore of there letters and i will defend myself in a court of law if need be ... now waiting for THIRD letter.. just worried about giving router info. should i have done that

Edited September 7, 2009 by toonagent
spelling

[nicknack09]

Does seem a bit weird they asked. I wouldn't have replied. Knowing what they are like they may invent some proof of some kind

[wobblewibble]

For the benfit of new members, I think a summary of our advice is that you should send a Letter of Denial, by Recorded Delivery. It is probably useful to add our usual advice of not signing the letter, but to print your name (there are excellent handwiting fonts available for free download if you want). Once the LoD has been sent, sit back and ignore everything else that comes through the post, unless you receive an N1 (court papers). If anyone does recieve court papers, I will gladly assist with the technical side.

 

Debt Collectors can play the game of sending threatening letters for years, so don't expect that they will give up easily - so far they appear to be using classic debt collector techniques. If it goes on long enough, you will start to laugh at the iodiocy of the threats though

 

Sorry if this has been addressed but been looking through stuff for the last 2 days and may well be suffering brain melt, why is it better not to sign the letter but use a handwriting font? I am sending a LOD tomorrow after throwing the first one away assuming it was a fishing attempt, used a template letter but changed it slightly as I didn't really understand quite what bits meant, am I better leaving it as it was anyway and not signing it with my own signature? Don't want to give them anything at all they could ever turn against me. Thank you for your help

[Drexl Spivey]

Meet Digiprotect, the pirate tracking company that earned its marks tracking down ‘adult’ pirates, but branched out to protecting the works of all sorts of copyright holders. Over the years the company has perfected its pirate tracking tactics to guarantee maximum profits.

 

Although most companies operating in the same realm try to fly under the radar as much as possible, Digiprotect’s account manager Thomas Hein is more vocal about their business strategies. In an interview he gave a while ago he explains how his company leases copyrights so they can trap potential downloaders.

 

“We get the legal rights from the companies to distribute these movies to stores, and with these rights we can sue illegal downloaders. Then we take legal action in every country possible, concentrating on the places where such action will be profitable,” Hein says.

 

So Digiprotect acquires the right to distribute movies, music or games from the rights holders, which they then share on various P2P networks. All they have to do is wait for people to take the bait. If someone tries to download the file they collect the IP-address and initiate legal action through one of their befriended law firms.

 

That is, if it’s profitable, otherwise Digiprotect can’t afford to protect the copyright holder’s rights, as Hein explains.

 

“No one working for DigiProtect has a fixed salary. If we make money, everybody makes money. If we don’t, nobody does. This means the lawyers, sales people and customers. It’s all about how much money can be recouped and then sharing it.”

 

Indeed, it’s all about the money.

 

“Our success rate is high enough to make good money for everybody,” Hein says, “and it’s also high enough to deter people from stealing content in the future. But we have to be careful about the amount of damages we ask for.”

 

So how does one go about making ‘good money’? Apparently it’s not only important where you sue people, but also the amount of damages you claim.

 

“We try to find a figure that covers our costs and pays money to our licensors, which is usually around 500 Euro ($700). Other firms are going for huge amounts of money, and the judges don’t like it. If the judges feel you’re being greedy, they won’t rule in your favor.”

 

Yes, you’re reading it right. The damage figures are not based on any actual losses, they are carefully calculated to guarantee maximum profits for all parties, except the alleged pirate of course. We can’t help but wonder who the real thieves are here…

 

**EDITED**

Edited September 8, 2009 by car2403
Unapproved external links

[nicknack09]

If thats true its not right. Surely if they place the content available for P2P download, surely they are as guilty as we, allegedly i may add, are!!

[Drexl Spivey]

Entrapment comes to mind .

 

Entrapment - Wikipedia, the free encyclopedia

 

Maybe not entrapment exactly ( they not in an official capacity) , something along those lines thou.

Edited September 8, 2009 by Drexl Spivey

[nicknack09]

Mind you if they have copyright I suppose they can, but surely thats still not right

[nicknack09]

Entrapment comes to mind .

 

Entrapment - Wikipedia, the free encyclopedia

 

I was thinking there was a word for it, and you summed it up there.

 

"entrapment is a possible defense against criminal guilt"!

[Drexl Spivey]

Or maybe Coercion?

 

Coercion (pronounced /koʊˈɜrʒən/ or /koʊˈɜrʃən/) is the practice of compelling a person or forcing them to behave in an involuntary way (whether through action or inaction) by use of threats, intimidation, trickery, or some other form of pressure or force. These are used as leverage, to force the victim to act in the desired way. Coercion may involve the actual infliction of physical pain/injury or psychological harm in order to enhance the credibility of a threat. The threat of further harm may then lead to the cooperation or obedience of the person being coerced.

[woodman69]

hi all,

im new to this forum and i also have just received my second letter from ACS:LAW demanding £500 within 7 days or else.

As i am not a fool and under no curcumstances hand over any money to this company i intend to fight my corner!

after origionaly ignoring the first letter i received months ago, i am now going to send a LOD (recorded delivery). I have read that there are templates available on this forum, i was wondering if anyone can point me in the direction of where i can find one please? and if you have anyother advice on what i should also do?

 

Cheers

Chris

[D_arkTrooper]

You really REALLY should read all of this forum as all your questions are answered within.

[Drexl Spivey]

“We get the legal rights from the companies to distribute these movies to stores, and with these rights we can sue illegal downloaders. Then we take legal action in every country possible, concentrating on the places where such action will be profitable,” Hein says.

 

So Digiprotect acquires the right to distribute movies, music or games from the rights holders, which they then share on various P2P networks.

 

Isn't that a copyright breach ? If they are supposed to distribute these films etc to stores , then go putting them on p2p networks ?

 

Or conversely , that the company responsible for distribution went and put them on a public network deliberately, therefore how can there be a copyright breach by anyone downloading it ? By this action , they are not just giving it away free, gifted to the public ?

Edited September 8, 2009 by Drexl Spivey

[Harbinger16]

Hi, new here but been following this with interest so though I'd give my 2p.

 

ACS must be going for default judgements here as with their so called "evidence" any defendant with a good lawyer is going to get them hammered in court. Their only "evidence" is an IP address, something that can easily be spoofed and is still not proof of a person anyway, only a connection. As they get this IP info from a company in Switzerland who is totally unregulated in the UK, a company banned from practicing in Italy and Germany, what's to stop Logistep simply inventing IP's in the hope of getting a fast buck, IP tracking is dodgy at best in the first place, especially considering some trackers are seeded with random IP no's to make downloaders harder to find.

Now that pretty much every router has built in wifi then who is to say that the wifi connection wasn't cracked (even wpa2 is crackable now) or simply left open as is often the case, accidentally or on purpose.

The number of people on this board who are claiming that they did not download the accused material, if only one of those people is telling the truth then surely it still means that ACS's data is critically flawed and should not be allowed as evidence.

ACS knows all this hence the bully boy tactics for quick cash, if like DL, it turns out they are accusing people with no real proof (which it sounds like they are) then it could be game over for them.

 

@Drexl Spivey, interesting question, firstly did they rip the movies from solid media, if so isn't that breaching the DRM on DVD's which is technically a no no I believe, secondly, they had the copyright to distribute to stores but did they have the right to make copies of the original movies to be put on a machine to be downloaded?

Edited September 8, 2009 by Harbinger16

[cosmox]

Hi. First time posting so sorry if this has been covered.

 

I received my second letter a few days ago. I ignored the initial letter from a few months back but now i am unsure what to do. The letter says i have 7 days to pay or they will proceed to taking court action.

 

The letters show an IP address that was assigned to me when i supposedly made the file available for upload. I have since been in touch with my ISP (BE). They have confirmed the details and file etc and the date and time so now I'm starting to get a little worried.

 

I have asked everyone in my household and they have all denied it. Only thing i can think is its been an ex partner of mines that has done it.

 

Any advice would be apperciated as from the info i have been given , they have evidence against me.

 

Cheers

[dippycat]

Hi, I got my second letter the other day. I did not reply to the first one as I was told it was a [problem].I can tell you I am getting worried about it all and have sent a LOD today. I am a 55 year old women and not too bright when it comes to computers so why would I download Sooter songs in the first place.I have read the letters on this forum and it's helped but I am still worried as I have not told any of this to my husband.Is there any other letter templates to send once you have had your 2nd or 3rd letter off them. Or do we keep sending the same one.

 

 

 

 

Many thanks for all the advise from every one.

[Huff&Puff]

Sorry if this has been addressed but been looking through stuff for the last 2 days and may well be suffering brain melt, why is it better not to sign the letter but use a handwriting font? I am sending a LOD tomorrow after throwing the first one away assuming it was a fishing attempt, used a template letter but changed it slightly as I didn't really understand quite what bits meant, am I better leaving it as it was anyway and not signing it with my own signature? Don't want to give them anything at all they could ever turn against me. Thank you for your help

 

Some firms of debt collectors have been know to get creative with Photoshop, in order to trick the unwary into thinking that they posess paperwork that they don't, in fact, have. I'm not suggesting for one moment that this mob would do anything like that, but, on the other hand, why take any chances?

[howdoudo]

Hi, I got my second letter the other day. I did not reply to the first one as I was told it was a [problem].I can tell you I am getting worried about it all and have sent a LOD today. I am a 55 year old women and not too bright when it comes to computers so why would I download Sooter songs in the first place.I have read the letters on this forum and it's helped but I am still worried as I have not told any of this to my husband.Is there any other letter templates to send once you have had your 2nd or 3rd letter off them. Or do we keep sending the same one.

 

 

 

 

Many thanks for all the advise from every one.

 

Tell your husband, point him to this site (and others) and let him read through it. He can then support you and you can discuss this with him.

[howdoudo]

Hi. First time posting so sorry if this has been covered.

 

I received my second letter a few days ago. I ignored the initial letter from a few months back but now i am unsure what to do. The letter says i have 7 days to pay or they will proceed to taking court action.

 

The letters show an IP address that was assigned to me when i supposedly made the file available for upload. I have since been in touch with my ISP (BE). They have confirmed the details and file etc and the date and time so now I'm starting to get a little worried.

 

I have asked everyone in my household and they have all denied it. Only thing i can think is its been an ex partner of mines that has done it.

 

Any advice would be apperciated as from the info i have been given , they have evidence against me.

 

Cheers

 

Read the letters carefully, follow the guidance you can find and do not panic. Do NOT reply to them admitting guilt as you seem to be unaware of the event

[cosmox]

The evidence that they provided was an IP address. This IP address is not mine and has never been mines.

On the letter is says this is the Host IP. Does that mean that there saying i downloaded the file from them, or they downloaded the file from me.

 

My ISP says that the I was a Assigned that IP address at the time they say i downloaded/uploaded the file.

 

Anyone any idea?

Edited September 8, 2009 by cosmox

[Harbinger16]

@cosmox, chances are you have a dynamic IP address which changes every so often and also when you reboot your router. This IP address does not identify you, only your connection (if it wasn't spoofed). That means that someone may have used your internet connection for uploading something, is your wifi open? Is it locked but could have been hacked (typically WEP security), could someone else in your household have done it?

Could your ISP have got it wrong? - It's possible, could ACS have got it wrong? well if you are adamant that no one in your household did it then obviously yes, they have it wrong. Look at all the DL/ACS cases, masses of totally incorrect accusations

[manka]

i am on my third letter.they cannot take you to court with your ip.you could well be not secure ie password protected on your router.deny everything,this is a [problem] looking for people to scare imto passing money over.look at the letters of denial (lod) for a clearer view.do not say you have done something you clearly have not

[cosmox]

I am on a dynamic Ip but i contacted my ISp and i have been on the same IP since i have been with them.

 

As far as i can tell. they know i was assigned to this other IP. But surely i could have been sending them a photo and that would mean i was connected to them in that way?