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


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Wally,

 

In my opinion (and it is only my opinion) they make the claim in great detail in the original letter. By denying said claim, stating no knowledge of the claim made, at said address, a willingness to fight the claim and recuperate costs in court, etc, what else needs to be said?

 

Be clearly stating the claim is refuted and no further correspondance will be entered in to, should force ACS to put up or shut up.

 

They then could fish as much as they wanted, but if I was a judge, I'd ask what the feck ACS are up to by continually fishing.

 

By responding to further letters it gives ACS license to continue to fish and adds the possibility of disclosing further information.

 

I guess though I'd be inclined to put

 

"I acknowledge receipt of your letter dated xxxx and note it's contents.

I refer you to my response dated xxxx as my position remains unchanged."

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I agree with you Scooby, however I think that it's best that both approaches are put out there as neither is incorrect imo.

 

My personal opinion, is that I think the best way of protecting yourself is to reinforce your innocence. My fear would be that a judge could look the other way and says that you simply compiled a default template letter and fired it off and ducked for cover. I would only feel comfortable with ignoring the claim letters once I had made my position very clear to them and ensured that they have no provided any other "evidence" that could implicate the allegation back to me.

 

If anything, this would then show that they are indeed harassing, as you have made your position clear with a reasonable amount of communication and that you have also given them a fair answer of "adamantly innocent" to their initial claim. Seeing as they haven't provided any evidence other than repeating the sketchy details from the original letter of claim, they would simply have then very little against you should it progress any further.

 

For example, they say "there has been no mistake in our identification of evidence" in their 2nd letter, I strongly believe that it's only in your best interest to reply saying that "I'm innocent as I said before, there has been a mistake".

 

This then forces their hand to the position that they do not want to be in, which would forcing court proceedings which they would lose.

 

Eitherway, you are right...have to be careful not to give anything else away in doing so.

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Hi all,

 

Recieved email from Legal complaints service acknowledging my letter and and saying that they will make a file and contact me soon. Still waiting to here from SRA, Watchdog and Deborah Prince at Which.....

Keep complaining, I feel the end is nigh for ACS.

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Allow a month to pass buddy, should get one in back within that month :-|

 

Got mine within days...

 

Leaving it a while to reply now. Full time job and family responsibilities come first. Absolute farce the whole thing. It genuinely sickens me that they are so blatantly getting away with this so far. They are seriously deluded and seem to believe every word they say.

 

The temptation to go down there is so strong. If, and i know it's a huge IF, anyone does get taken to court, they should post it on here. I for one would go down.

 

My only problem would be choosing between cricket bat or golf club...

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Hi all,

 

Did anyone else's letter name a company called NG3 Systems Limited as the provider of the data?

 

This info would help enormously. PM if you need to

 

Cheers

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I've just recieved me 2nd allegation of copyright infringement from ACS. The first one went to section 36 and that was 6 months ago. The 2nd case is a more recent one, even harder to believe. In the 1st case I ignored the 1st letter and only replied to the 2nd. Is this a better route as they are hardly going to take you to court after the 1st letter, and it buys more time?

 

Have ACS actually taken anyone to court yet, after correct LOD writing?

 

This being the 2nd allegation am I more likely to go to court even with the LOD route. Do ACS cross reference their cases, it's a different client?

 

Advise appreciated?

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wakaday,

 

Not sure I'm qualified to advise as I'm new to this myself, someone wih more experience will be along soon...

 

It seems to me they're getting desperate, as though its all gonna end soon. There has been a number of people that have been accused twice - has their source of data dried up?

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There is no mention of them winning any court cases or even taking anyone to court, that I am aware of. I am sure that if there had been it would be all over their website.

 

And, search as hard as you like, you won't find one.

 

David

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ACS Law are using a company called NG3 Systems Limited as their "IT forensic experts"

NG3 Systems Limited are a Private Limited Company. Company No.06228621

The nature of their business is listed as Hardware consultancy and Software publishing.

Company registered on 26/04/2007

Operates from 31 Albatross Close, London, E6 5NX. - Imagery suggests this is a block of flats. Demographics sites support this "mainly 2 bed flats"

Current Appointments: 1 Director - Iranian, Name: TORABI, ALIREZA.

1 Secretary - Iranian, Name: GHALANSOUI, ANOOSHA.

Supporting Evidence: Various web searches show results of TORABI, ALIREZA involved in IP packet capture discussions.

 

freebsd-questions - week of 17 March 2008

 

http://unix.derkeiler.com/pdf/Mailing-Lists/FreeBSD/net/2008-03/msg00291.pdf

 

Subject also hosts a website called zangbar.com

 

[...] zangbar.com: "Alireza Torabi" owns about 4 other domains View these domains > is a contact on the whois record of 3 domains

2 registrars have maintained records for this domain since 2006-12-20 with 1 drop. This domain has changed name servers 6 times over 1 year.

Registrant:

Alireza Torabi

Alireza Torabi

London, LONDON W1

GB

Registrar: NAMESDIRECT

Domain Name: ZANGBAR.COM

Created on: 20-OCT-09

Expires on: 20-OCT-11

Last Updated on: 10-JAN-10

Edited by acshunter
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