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

[cashins]

I would think that by now the law of diminishing returns is having an effect.

 

David

[babybear39]

Are these numpties still at it? I would have assumed that they would have given up long before now as this is evolving into a huge farce!!!

[andydd]

Are these numpties still at it? I would have assumed that they would have given up long before now as this is evolving into a huge farce!!!

 

Not only are they still 'at it' but no-one has heard of any court action which they supposedly started in early Sep, also there was supposed to be an investigation into the previous company Davenport Lyons by the SRA, what on earth happened to this ?. DL has long since given up !

 

Andy

[mr.ton]

I wouldnt be suprised if ACS were in the process of closing up shop at the moment given what a farcical failure this has all been for them...

[andydd]

I wouldnt be suprised if ACS were in the process of closing up shop at the moment given what a farcical failure this has all been for them...

 

Maybe Mr Crosssley should go back to his previous career by setting up shop on middle eastern beaches helping out randy brits

 

Andy

[n11186]

Maybe Mr Crosssley should go back to his previous career by setting up shop on middle eastern beaches helping out randy brits

 

Andy

HA HA LOVE IT :D and if he pulled this stunt over there (the middle east ) he would of lost his hands by now ( that is what they do to thieves isnt it ? any way i read this today it looks like Talk Talk - Tiscali are going to stand up tp M*d Mady.

 

 

TalkTalk to resist govt piracy plans

TalkTalk to resist govt piracy plans

 

TalkTalk has said that it will mount a legal action against the government's plan to cut off the internet connections of online copyright violators.

 

Business secretary Lord Mandelson yesterday confirmed that the net services of persistent illegal file-sharers will be blocked from summer 2011.

 

The "three strikes" approach will involve staggered warning letters being issued to offenders followed by the suspension of their connection if they continue to engage in illegal file-sharing.

 

Writing on the TalkTalk blog, the company's executive director of strategy and regulation Andrew Heaney said: "The approach is based on the principle of 'guilty until proven innocent' and substitutes proper judicial process for a kangaroo court.

 

"We know this approach will lead to wrongful accusations. TalkTalk will continue to resist any attempts to make it impose technical measures on its customers unless directed to do so by a court or recognised tribunal.

 

"In the event we are instructed to impose extra-judicial technical measures we will challenge the instruction in the courts."

 

Heaney also claimed that the government's approach will increase the frequency of Wi-Fi hacking by pirates to get around the measures.

 

TalkTalk recently staged a wireless stunt in Middlesex to show how easy it is to hack into most wireless networks, even if the user has basic security software enabled.

 

Instead of the punitive approach, TalkTalk wants the creative industries to develop new models to "stay in tune with technological and social trends".

 

However, the company also accepts that ISPs have a responsibility to act, and so it is currently developing film-style classifications for its broadband connections to help combat illegal file-sharing.

 

The government's piracy plans will be officially laid out in the digital economy bill coming at the end of November.

[mr.ton]

The government will simply end up causing chaos all round as it does with everything it attempts these days.

Thank goodness they will be kicked out next June.

[babybear39]

Better the devil you know and all that...

[Wintord]

I wouldnt be suprised if ACS were in the process of closing up shop at the moment given what a farcical failure this has all been for them...

 

 

This current run seems to be slowing. But it is just what had happened with DL they milked all the cash they could get out of it at the time, it stopped for awhile for another company to continue where it left off a few months later (ACS in this case) and it seems to be at that stage now they have got as many as they could to pay up and are winding it down, with a few left they think they may be able to get to pay up.

 

Give it a few months since anyone has heard anything from ACS and some other solicitor will have taken over from MR C, and the process begins again.

 

The laws Mandelson wants to bring in will force the IP providers to monitor there networks (at a cost to its customers), but they still leave the option open for these monitor companys, to continue what they are doing and taking people to court. (sorry I ment to say send letters claiming they are going to take you to court)

[andydd]

HA HA LOVE IT :D and if he pulled this stunt over there (the middle east ) he would of lost his hands by now ( that is what they do to thieves isnt it ? any way i read this today it looks like Talk Talk - Tiscali are going to stand up tp M*d Mady.

 

 

TalkTalk to resist govt piracy plans

TalkTalk to resist govt piracy plans

 

TalkTalk has said that it will mount a legal action against the government's plan to cut off the internet connections of online copyright violators.

 

Business secretary Lord Mandelson yesterday confirmed that the net services of persistent illegal file-sharers will be blocked from summer 2011.

 

The "three strikes" approach will involve staggered warning letters being issued to offenders followed by the suspension of their connection if they continue to engage in illegal file-sharing.

 

Writing on the TalkTalk blog, the company's executive director of strategy and regulation Andrew Heaney said: "The approach is based on the principle of 'guilty until proven innocent' and substitutes proper judicial process for a kangaroo court.

 

"We know this approach will lead to wrongful accusations. TalkTalk will continue to resist any attempts to make it impose technical measures on its customers unless directed to do so by a court or recognised tribunal.

 

"In the event we are instructed to impose extra-judicial technical measures we will challenge the instruction in the courts."

 

Heaney also claimed that the government's approach will increase the frequency of Wi-Fi hacking by pirates to get around the measures.

 

TalkTalk recently staged a wireless stunt in Middlesex to show how easy it is to hack into most wireless networks, even if the user has basic security software enabled.

 

Instead of the punitive approach, TalkTalk wants the creative industries to develop new models to "stay in tune with technological and social trends".

 

However, the company also accepts that ISPs have a responsibility to act, and so it is currently developing film-style classifications for its broadband connections to help combat illegal file-sharing.

 

The government's piracy plans will be officially laid out in the digital economy bill coming at the end of November.

 

Talk Talk must be congratulated for standing up against these dumb plans, although I dont get the film classification bit, how does this refer to connections ?

 

Andy

Edited November 3, 2009 by andydd

[lillah]

i have replied to the first 2 letters with thanks to this site.but now i have letter 3 and am starting to think this is never going to go away.

 

the first part is saying how the processes and methods employed by there IT experts produced enough evidence for the high court of justice to have my information released by my ISP.and therefore remain that there has been no mistake and that my internet connection was used.

then

whilst your computer may or may not have been used to commit the infringment act this is not the basis of our claim.similary,we do not claim that you downloaded our clients work although we do not exclude the possibility of this.

 

then they ask me to provide

1) the manufacturer and model number of the router.

2) date month and year router was provided.

 

where you are surgesting a third party may have used your connection,provide.

1)clarify if they were autherised

2)step taken to determine if your internet connection was used

3)identify the person with name and address.

 

with 14 days to reply

 

then 3 pages of explanatory notes on wireless security

 

HELP PLEASE

is it time i went to a solicitor??

they asked for no money this time? just those details.

[mr.ton]

Tell the cheeky runts to get lost.

Its for them to prove that you did, not for you to prove that you didnt.

[mr.ton]

Now you have to contact them to ask for their permission for furthur time to pay due to the postal strikes

 

Today is the second day of the two day national walk out, after months of smaller strikes, and there are more strikes planned for the coming weeks, with the next ones expected on 29 October 2009. It is anticipated that there will be more frequent strikes as the run up to Christmas continues.

 

 

As instructed by our clients, we have issued further claims against alleged copyright infringers. Should the defendants wish to contest the claim and file a defence, there are deadlines which may be difficult to meet, given the current Royal Mail postal strikes. Extensions to deadlines for issued claims may be obtained by contacting us. If you have been issued with a claim and require a time extension, please give our office a call on 020 7193 2493.

 

 

If you have been sent a Part 36 offer, it is regretful that these deadlines cannot be extended, and we suggest that you call us on 020 7193 2493, or get in touch by email or fax. If you would like to settle this claim over the telephone, you may do so with a credit or debit card on the telephone number stated above. Alternatively, it is possible make payment by bank transfer using the details provided on the payment form.

 

 

We would also ask anyone expecting a response from ACS Law to a submission they have made to be patient, as the postal strikes are likely to disrupt our work-flow over the coming months.

[Huff&Puff]

i have replied to the first 2 letters with thanks to this site.but now i have letter 3 and am starting to think this is never going to go away.

 

the first part is saying how the processes and methods employed by there IT experts produced enough evidence for the high court of justice to have my information released by my ISP.and therefore remain that there has been no mistake and that my internet connection was used.

then

whilst your computer may or may not have been used to commit the infringment act this is not the basis of our claim.similary,we do not claim that you downloaded our clients work although we do not exclude the possibility of this.

 

then they ask me to provide

1) the manufacturer and model number of the router.

2) date month and year router was provided.

 

where you are surgesting a third party may have used your connection,provide.

1)clarify if they were autherised

2)step taken to determine if your internet connection was used

3)identify the person with name and address.

 

with 14 days to reply

 

then 3 pages of explanatory notes on wireless security

 

HELP PLEASE

is it time i went to a solicitor??

they asked for no money this time? just those details.

 

For a firm of supposed solicitors, they seem to have very little idea of the law

 

Do not reply to their requests for information, there is no legal reason that they can need that info for that I can see. I strongly suspect that the only reason for asking for it is to try and trick you into an admission.

[lillah]

i feel i have to reply somehow but am unsure how to, i no longer have the router as i have changed ISP since then. i also know nothing about how it got downloaded so can not provide those details either?

all i do know is that i didn't do it.and have never even heard of the band,or the site that it came from.

[kiptower]

dont give then anything , they have no right to the info from you in the first place

[cerberusalert]

It's part of their intimidation process, you do not have to provide any information whatsoever at this moment in time, the onus is on them to prove their allegations towards you.

[mr.ton]

So does anyone know if & what any of the authorities are doing with this lot at the moment?

[jpts33]

i feel i have to reply somehow but am unsure how to, i no longer have the router as i have changed ISP since then. i also know nothing about how it got downloaded so can not provide those details either?

all i do know is that i didn't do it.and have never even heard of the band,or the site that it came from.

 

 

It seems to me like they are now trying a different more "Heavy Handed" approach with this new letter. They obviously feel that the old tactics they have been using are starting to draw in less money, so lets try a new tactic - and from the letter you received it is painfully obvious they are trying to literally scare you out of your wits. I'm sure that there will be many more people getting these same letters any-day now, probably including myself.

 

I understand how you feel, because this latest letter surely is an attempt to frighten people, enough to pay up even. I feel they are trying to fish for your defence, see how technical you are because I wouldn't be at all surprised if they are carefully selecting people to take to Court on the basis of how much they actually know on the technical side. That way they could select people, who if they are like me, have no idea what they are talking about and win an easy victory. No offence, you may be a technical whizkid, but I would think that there are a vast majority who know very little about all the sometimes very technical issues involved here. It's a technical minefield that personally I wouldn't be able to defend against. I just hope the first person they take to court, if at all, will be able to wipe the floor with these bullies and finish this farce in it's tracks.

 

Personally I wouldn't tell them a thing. If you feel you need to answer then maybe a simple referral to any previous denials you have made would suffice. And maybe a small note saying you do not really appreciate being put on trial, as they are attempting to do, without being in a proper court, with proper rules and regulations. The more information you give these people the easier it will be for them to mount a case. Although it's all very distressing, and I'm distressed just reading your posts, chin-up - your not on your own here as thousands are currently on the same boat - together we need to knock these people once and for all.

[andydd]

i feel i have to reply somehow but am unsure how to, i no longer have the router as i have changed ISP since then. i also know nothing about how it got downloaded so can not provide those details either?

all i do know is that i didn't do it.and have never even heard of the band,or the site that it came from.

 

DO NOT start writing to them and giving them this information, its ridiculous, they have absolutely no legal right to ask for it and as suggested it would appear to be some sort of trick to get you to admit to certain things.

 

From a pure privacy/security point of view I wouldnt start handing over this information anyway.

 

ACS never cease to amaze me, lets hope it all ends horribly for them.

 

Andy

[halfords]

The government will simply end up causing chaos all round as it does with everything it attempts these days.

Thank goodness they will be kicked out next June.

but will the next jokers be any better???

[lillah]

thank you all for the help so far.

i don't want to give them any information.but not knowing how to deal with this properly i am just checking my options. i really don't want to say anything i shouldn't.but i do want to give a minimal legal reply,i'm just not sure what that should consist of.

[boxxy]

DO NOT start writing to them and giving them this information, its ridiculous, they have absolutely no legal right to ask for it and as suggested it would appear to be some sort of trick to get you to admit to certain things.

 

From a pure privacy/security point of view I wouldnt start handing over this information anyway.

 

ACS never cease to amaze me, lets hope it all ends horribly for them.

 

Andy

 

 

hi im new here

 

back in june and sept i sent 2 letters of denial and they refused to accept these letters so i sent 2 email letters of denial they sent an email back calling me mr carter (which is not my name) dueto the large volume of response please ignore the dead line for this letter of response you do not need to do anything until we contact you.

 

just to mention as well the second email said exactly what the first one read with out the me carter.

 

what do i do just keep sending the letters of denial via the post or just wait until they contact me

 

please help

[babybear39]

Wait until they contact you.

 

Have you complained to the SRA yet? If not, it's very important you should do so as they're investigating ACS and the more complaints they get the better.

[Huff&Puff]

There really is no need to respond to every letter that they send. Once you have stated your case in a letter of denial that's all you need to do. What they are trying is the old DCA tactic of trying to either baffle you with BS about the true legal position, or to get you to make an incriminating admission (which is just about the only way they might win a defended case).

 

Despite what people on another site seem to believe, so far Davenport Lyons and ACS haven't done a single thing differently to what DCAs do when they have no supporting paperwork. With even less likelihood of going near a courtroom, thus far anyway. Personally, if I'd got sent one of those letters I would have just ignored it altogether, but then again, I can easily fight them on the technicalities if I have to. But relly, people do seem to be worrying overmuch about what they should say in their 2nd, 3rd or 4th letters of denial.