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

[stupiditto]

hi. I have received a letter from Gallant McMillan today.

 

Does anyone know if these guys are a more serious / professional body than ACS law?

 

And as such are they more likely to pursue a claim against me?

 

I'll be sending my LOD in the next day or so

 

Ya we have got a letter from these guys to Gallant Macmillan | leader in media and litigation, London They look like back street.

 

I have been doing a little research and I was told today that they are under investigation. There has not a conclusion been made yet so they are still operating. I like there office hrs 10.30am to 3.30pm - I might apply for a job with them ha ha ha ha ha

 

Because they are still operating it is best to reply to them I have been told.

 

A solicitor told me that to be honest they havent got much to go on after I PDF'd the letter over to him.

 

Letter Of Denial? Yes I think so.

 

What media are they accusing you of sharing?

 

Who clicked the download button? My next door neighbor? Who knows.

Edited July 29, 2010 by stupiditto

[johnsmith999]

If the file is on your PC should you admit it to them and pay?

 

That's up to you and I don't think anyone would tell you not to do so on this occasion, as morally it would be wrong.

 

The question you need to ask yourself is :

 

Is the letter addressed to you (as the account holder), Did YOU do the downloading. if the answer is YOU did not do nor had any idea who did, then YOU DO NOT NEED TO TELL them who did.

 

The letter was written to you, you did not do it, therefore you have every right to send a letter of Denial. In this country you do not have to "Finger" someone else, it is up to ACS Law or GM to proove who did it!

 

(Note i have no legal background just my personal opinion) but paying them just perpetuates the agony for others

[stupiditto]

Is it possible for someone to link me to a LOD template so I can get a rough idea of what to put in mine.

 

Thanks

[platty1964]

Hi, just recieved a letter from Gallant & M claiming that i downloaded Ministry of Sound Anthems Electronic 80's in January ???? , sending an LOD of as soon as ..it seems these are becoming more frequent now

[stupiditto]

Hi, just recieved a letter from Gallant & M claiming that i downloaded Ministry of Sound Anthems Electronic 80's in January ???? , sending an LOD of as soon as ..it seems these are becoming more frequent now

 

Ya I got exactly the same matey - Have a look at there website and there office hours 10.30am - 3.30pm - A solicitor said to me the con must be working if they are working those sorts of hours.

[tubofjelly]

I got the letter yesterday from Gallant Macmillan. And I have to admit the letter was quite scary! It accused me of downloading "Ministry of Sound" in December 2009 and to pay them £380 (or £350 if done online, ironic or what?) I will be sending my LOD today. Scaremongers. I hope there arent people out there who are paying these people. I'm glad there is a thread for this problem.

[stupiditto]

Some advice - Mistakes are sometimes made in correctly identifying the relevant IP address. The claimant then has the difficulty of proving to the court, on the balance of probabilities, who was responsible for any illegal downloading. Much will depend upon who has had access to the IP Address in question. If there are many users the Claimant will be in some difficulty. If your partner is adamant that she was not responsible for the alleged infringement she should simply reply to that effect. If your partner has ownership of the computer and can trace the offending item an offer can be made to delete it. If it cannot be traced then your partner should say that it has not been possible to trace the infringing item on the computer in question.

[MARTIN3030]

You should see edit option at lower right of the post (next to option for quote)

[kilotango22]

A question for anyone or as many of possible of you that have sent of an LOD whether it was a template or written in your own words, how long till you got blackmail letter number 2 from ACS Law giving you 14 days to pay up as they reject your response?

[stupiditto]

A question for anyone or as many of possible of you that have sent of an LOD whether it was a template or written in your own words, how long till you got blackmail letter number 2 from ACS Law giving you 14 days to pay up as they reject your response?

 

I'm noy saying do it but when I spoke to a solicitors with a very good name yesterday.

 

They said say to them well take me to court then!!!

 

I think what they were trying to say is that it won't stand up in court.

[kilotango22]

I'm noy saying do it but when I spoke to a solicitors with a very good name yesterday.

 

They said say to them well take me to court then!!!

 

I think what they were trying to say is that it won't stand up in court.

 

Oh I wont be paying, I am just asking how long it may take to get a rejection letter from them.

 

I wouldn't pay for something I haven't done even if a judge told me to.

[BARFLY]

still no news from the SRA, I see. how long has the investigation been ongoing, now? was reported earlier this week that they'd be issuing their findings at the end of the month....

[Billpayerr]

Help. .....I have questioned both of my teenage kids, who both claim neither of them downloaded the album. ......

 

1. Am l liable?

2. Can the IP address identify with IT equipment the download terminated at (i.e downloaded to the PC or two a laptop)?

3. Would l be able to, in good faith, send a LOD?

 

 

 

Hi,

 

You need to get the interrogation chair out and a large spotlight. Lol just kidding J

 

 

1. Not unless YOU done it or YOU authorized it.
   
2. No. It can only identify an IP Address. To identify a PC/Laptop they would need to gain your through your router. Not possible unless they break the law? (Pls correct me if I am wrong Tech guys).
   
3. Yes of course!
   

Just send a letter off stating that you have not shared the file nor authorized anyone in your house to do so. Simple as that. You may like to add a nice note wishing them luck tracking down the infringer!

 

You cannot determine who the infringer was nor is it your duty to do so – this is for THEM to determine.

[zero_flight]

A question for anyone or as many of possible of you that have sent of an LOD whether it was a template or written in your own words, how long till you got blackmail letter number 2 from ACS Law giving you 14 days to pay up as they reject your response?

 

 

Approximately four weeks.

[kilotango22]

Approximately four weeks.

 

Thanks Zero

[stupiditto]

Thanks Zero

 

This is good reading

[Huff&Puff]

I'm not sure if this has already been posted, but in case it hasn't:

 

File sharers targeted with legal action over music downloads | Money | The Guardian

 

Michael Coyle, solicitor advocate and MD of the Southampton-based law firm Lawdit, who has represented hundreds of people who have received these letters, says none of his cases have gone to court.

"A significant number of cases were connected to porn, seeking to embarrass porn users into paying up, and it developed from there. Perhaps as many as 10% of those receiving letters have paid up, but the rest have just disappeared. These firms are trying to argue that just because you pay for the internet connection you are somehow responsible for everything that is downloaded on it – whether you were responsible or not. It just doesn't stand up in law," he says.

"It seems to me that the only way a claim can be upheld is if you admit it or if they inspect your hard drive."

He is so confident that a claim by the likes of ACS:Law would not succeed that he has offered to defend anyone in court for free – providing they didn't download the offending file.

[Goldy001]

Hi, been following this thread for sometime, just wondering, has anyone on this forum payed gallant macmillan yet?

[stupiditto]

Hi, been following this thread for sometime, just wondering, has anyone on this forum payed gallant macmillan yet?

 

What with the 2000 letters they sent out in one week ? That would equate to a massive £750,000.The people that have paid them were only scare mongered.

[Goldy001]

So how long could something like this go on for? Months, Years?

People that have sent LOD's have had 2nd even 3rd letters back from gallant, how far will it go?

[Goldy001]

 

Gallant's response

 

Simon Gallant, senior partner with the law firm, said his firm was behaving in accordance with the SRA’s rules and regulations and the Solicitors’ Code of Conduct. 'I was in communication with the SRA before the firm began to act on behalf of the MoS as I was concerned to address any issues that might arise', he told Which?.

'The SRA have given us some general guidance on the applicable conduct rules which we have focused on in preparing to do this work, including the content of letters that we send out and how we deal with responses.

'I'm well aware that this work has attracted negative publicity for other law firms but the firm has come into this after carrying out a lot of due diligence and is adopting a very different approach to the other firms,' he explained.

'The purpose is not to penalise the innocent and we will scrutinize every response with care. If individuals send in letters of denial to us, with reasons why they are not responsible, the firm will consider each letter on its merits and advise the MoS accordingly.'

He said the MoS was willing to proceed to the civil courts if the alleged illegal file sharer does not settle or they do not provide suitable evidence to show why they dispute liability.

 

Just found this...Interesting, I think Ministry of Sound sales may suffer somewhat after all this??

[stupiditto]

Just found this...Interesting, I think Ministry of Sound sales may suffer somewhat after all this??

 

What with all the money they are paying theses people.

[stupiditto]

What with all the money they are paying theses people.

 

+ the SRA are the people that I contacted the other day and they told me these people are under investigation.

 

So if the SRA have given the guidance why are the SRA investigating them?

[Goldy001]

Yes that's very true!

Maybe the SRA need to be asked that question, to see if the above response is true?

[White-Dragon]

I too have received a threatening letter from gallant Macmillan claiming I have illegally downloaded the ministry of sounds Electronica 80's album, I maybe the bill payer but I certainly did not download this alleged file. I do not want to pay £350 for something I have no knowledge of or involvement in, I also do not want the stress of a potential court case. What should I do? any advice would be most appreciated.