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

[woodycrosby]

the letter i sent was my first LOD. My commie was hacked repeatidly this year. i used to play world of warcraft and they hacked my account three times and managed to get passwords and all sorts. they even recently reinstated my dormant account and my friend phoned me and said 'hey im following youround while you mine!" anyway i can only conclude it was to do with this, i still recieve dodgy emails daily on the mail address i use for wow askingme to follow this link to confirm my acc etc so its still unresolved. I'm begining to realise how easy your whole life can be accessed via the internet and its quite frightening.

 

We had neighbours whose pc was taken over by someone who was actually browsing folders including photos. They had wpa enabled and it wasn't until a relation who worked in i.t. secured it via mac address that it stopped. Can any techies confirm this sort of hacking is possible?

[nickyorm]

unfortunatly i dont have the faintest im not the least bit computer literate. I havent had any issues with passwords being changed and stuff since i stopped playing wow and i also have a new netbook now so im just hoping that will be the end of it all. We actually got accused of downloading twice once in jan and the second at the time of my mothers death. when the first one came through i thought my husband had done it lol, what a blazing row we had. he maintained his innocence right up untill we got the second letter and realised something was amiss. Its not just peoples reputations that are on the line its marrages too. I just urge anyone to stay strong if you know u are innocent then you will be ok. i hope you all get the letter from acs law too because i know how streesful its been for me.

[cerberusalert]

We had neighbours whose pc was taken over by someone who was actually browsing folders including photos. They had wpa enabled and it wasn't until a relation who worked in i.t. secured it via mac address that it stopped. Can any techies confirm this sort of hacking is possible?

For anyone who is determined to hack into a wifi connection there are enough software programs avaiiable freely on the net to help them... although it's a bit more difficult with WAP2. In the vast majority of cases they access an unsecured system or 'guess' passwords such as the name of pets or nicknames. Don't forget a wifi signal is only good for a couple of hundred metres so unless they are sat outside in a car it's more than likely a neighbour anyway.

[STC12]

a few years ago, I got my first lap top and was using dial up. I got a virus and my mate sorted it all out and then found that there was an unsecured wireless signal which I used for 3 months until I found out that it was illegal to do this - so got my own broadband ! Must have been my next door neighbours !

[Caimbeul]

Hi all, been away and am now about 30 pages behind. Can i be a bit cheeky and ask if there is still any way to check if i am on the lsit without actually downlaoding it via some obscure chanel like bittorrent or IRC etc? many thanks!

[andydd]

i think my case was probably dropped because on the day i was being accused of downloading/uploading i was actually attending my mothers funeral some 350 miles away after a two year battle with cancer.

 

Unfortunatly using an exuse/defence like this (as many do) could drop you in hot water. You dont have to be sitting at your computer for it to be able to download via torrent programs, in fact as many of the items people are being accused of are films, these could take many days to download so clearly you are not going to be sitting in front of it the whole time.

 

I use uTorrent to download which has a 'scheduler' which you can set to download at different times or days, mine is set to it will download at night when Im asleep but I could easily set it up to download at the weekend or perhaps when Im on holiday.

 

There are also numerous ways in which you could be elsewhere but still 'logon' to your home PC by using various VPN connections or a website like LogMeIn.

 

People should think long and hard before using a 'I wasn't there' defence as it would be ripped to shreds in court (in the unlikely event it went that far).

 

Andy

[andydd]

Hi all, been away and am now about 30 pages behind. Can i be a bit cheeky and ask if there is still any way to check if i am on the lsit without actually downlaoding it via some obscure chanel like bittorrent or IRC etc? many thanks!

 

Find someone who has the list (like me) and ask them ?

[MrHistory]

Nice one Andy, Been doing the same too helped a few out and even sent the list.

 

MrH.

[woodycrosby]

Has anyone permitted ACS to 'examine' their computer in order to refute their allegation? I'd be more than happy to but lets face it who exactly are they going to send along to do this?

[Caimbeul]

Has anyone permitted ACS to 'examine' their computer in order to refute their allegation? I'd be more than happy to but lets face it who exactly are they going to send along to do this?

 

Maybe one of those flakey erm...what did they call them in their letters? oh yes "Forensic Experts" There is certainly nothing forensic or expert regarding their so called evidence.

[woodycrosby]

Maybe one of those flakey erm...what did they call them in their letters? oh yes "Forensic Experts" There is certainly nothing forensic or expert regarding their so called evidence.

 

I noticed on one of their response letters that they asked if people would submit to this sort of Forensic Analysis. Has anyone done so or do we know anything about their supposed 'Experts'?

[piglette]

Maybe one of those flakey erm...what did they call them in their letters? oh yes "Forensic Experts" There is certainly nothing forensic or expert regarding their so called evidence.

Forensic Expert - Aren't they called oxy-morons?

[zoomboy]

Has anyone permitted ACS to 'examine' their computer in order to refute their allegation? I'd be more than happy to but lets face it who exactly are they going to send along to do this?

 

Why would ACS even want to do that? It's not in their interest - they believe they have enough evidence, let them run with it. If you feel you can attempt to have your PC's hard drive as evidence they'll probably smile at your expense as they say "So that's the only PC in your house and is the only one you've ever owned and you can of course prove that too?"

 

It's easy enough to destroy the evidence was ever on your machine. What they are stating is that at a given date and time your connection was used to upload the work. Not that it was ever on your machine. That said, how can you even begin to prove that at the time and date specified it wasn't on your machine?

 

The answer is simple. Offer no evidence to support your innocence. The more you play their game, the more likely it is that you offer yourself as an expert and demonstrate a more plausible argument for them that you could have been responsible. It is for them to offer evidence to prove your guilt. Only offer counter arguments to questions they ask, not to ones they don't.

 

* My 2c - opinion only, not necessarily based on expertise or knowledge.

 

Do not use offensive language or angry emotive language. For example you may be ‘upset’ or ‘disturbed’ by their letter, but avoid being ‘outraged’.

 

Do not make threats (particularly ‘empty’ threats) or promises.

 

Be truthful.

 

Do not expose ideas to them that might form the basis of your defence if you were to go to court.

 

Do not libel the company. If you must make comment on the professionalism (for example) of ACS:Law (which is ill-advised in any case) make explicitly clear in your wording that this is your personal opinion. This is particularly pertinent if your letter is to be seen by third parties, for example if you decided to send courtesy copies of your letter to a consumer or regulatory body.

 

Do not make any kind of ‘offer’ without first taking legal advice or being exceptionally sure what you are undertaking.

 

If they have made inaccurate observations in their letter it is unlikely to hurt your case to record these in your letter (for the benefit of any future court proceeding). For example, they may have made reference to an enclosure which was not supplied; point this out.

 

From a wiser source than I. beinghtreatened template letter.

Edited October 18, 2010 by zoomboy

[woodycrosby]

Why would ACS even want to do that? It's not in their interest - they believe they have enough evidence, let them run with it. If you feel you can attempt to have your PC's hard drive as evidence they'll probably smile at your expense as they say "So that's the only PC in your house and is the only one you've ever owned and you can of course prove that too?"

 

It's easy enough to destroy the evidence was ever on your machine. What they are stating is that at a given date and time your connection was used to upload the work. Not that it was ever on your machine. That said, how can you even begin to prove that at the time and date specified it wasn't on your machine?

 

The answer is simple. Offer no evidence to support your innocence. The more you play their game, the more likely it is that you offer yourself as an expert and demonstrate a more plausible argument for them that you could have been responsible. It is for them to offer evidence to prove your guilt. Only offer counter arguments to questions they ask, not to ones they don't.

 

* My 2c - opinion only, not necessarily based on expertise or knowledge.

 

 

 

From a wiser source than I. beinghtreatened template letter.

 

 

I'm simply intrigued as to why they put that in their literature if, as you mentioned, they're so sure they have enough evidence already. What would forensic analysis of your PC add to their case or details of your Router for that matter?

[Nelly070]

Another b""""sh"""r

 

What is your problem ? Why do you keep insisting that I am not telling the truth ?

[zoomboy]

I'm simply intrigued as to why they put that in their literature if, as you mentioned, they're so sure they have enough evidence already. What would forensic analysis of your PC add to their case or details of your Router for that matter?

 

It couldn't add a thing, and they're not interested in pursuing any of it at all. That would cost them money. All they want from you is cash. They don't even want to go to court - they just want cash. If you roll over easy and pay they smile all the way to the bank. Put up a bit of a fight and they'll bluff and bluster, but ultimatley do nothing.

 

I'm sure they'll keep your record open as they have a 6 year period they can follow up in. So if something changes in their favour then they can use that to go back to revisit everyone. I would think unless your LoD stated something that they would be embarassed about publicly or places them at risk of treatening someone unfairly, eg. harrassing a "public or influential figure" or disability or extenuating personal circumstances, they'll be keeping you on file.

 

But there's no way ACS could accept even a forensic examination of your router and/or PC as evidence to support your innocence, it would be merely to confirm your guilt. As I said they'll argue that you have more than one PC, or it's not the original hard drive, or you have used tools to wipe the data - none of that demonstrates innocence.

[woodycrosby]

It couldn't add a thing, and they're not interested in pursuing any of it at all. That would cost them money. All they want from you is cash. They don't even want to go to court - they just want cash. If you roll over easy and pay they smile all the way to the bank. Put up a bit of a fight and they'll bluff and bluster, but ultimatley do nothing.

 

I'm sure they'll keep your record open as they have a 6 year period they can follow up in. So if something changes in their favour then they can use that to go back to revisit everyone. I would think unless your LoD stated something that they would be embarassed about publicly or places them at risk of treatening someone unfairly, eg. harrassing a "public or influential figure" or disability or extenuating personal circumstances, they'll be keeping you on file.

 

But there's no way ACS could accept even a forensic examination of your router and/or PC as evidence to support your innocence, it would be merely to confirm your guilt. As I said they'll argue that you have more than one PC, or it's not the original hard drive, or you have used tools to wipe the data - none of that demonstrates innocence.

 

I didn't even know there was porn on the internet until they lettered me. Honest m'lord :$

[panther12]

Well the muppets at ACS are still churning out their threat-o-gram nonesense! I posted a few weeks ago about my brother receiving one from GM and now today he's received another from that joke of a solicitors firm, ACS. Looks like we'll be submitting yet another harrasment claim with Ralli's solicitors.

[Papermaker]

I received my 2nd letter from ACS Law today. Pay up within 14 days, or else !

I'm pretty peed off with this guy, now, having allowed my name and address to be plastered

all over the Internet, he now has the cheek to continue to hound me, how can this happen,

with all the alledged trouble this guy is in, how can he continue to threaten me and my family

and cause upset to us all. Won't somebody please please, give this guy what he deserves,

[wittzend]

What is your problem ? Why do you keep insisting that I am not telling the truth ?

 

 

The fact that you claim GM have signed off your case,yet your still monitoring the forums. Something smells troll like to me.The fact that GM sent you a letter and no-one else,the fact that you have deleted your posts,the fact that "I think you are a bullsh***r" thats why I don't think your telling the truth.:???:

 

The fact that I think you work for one of the Shysters involved...Prove me wrong or get back under you bridge.

Edited October 22, 2010 by wittzend

[nickyorm]

i still monitor the threads and my case is closed but i just think i might be able to give advice to someone in a similar situation to me.

 

Paper maker, just send second LOD right away with stick with guns and dont worry.

[Curious_]

Hi today i recieved letter from ACS LAW saying that i have participated in some sort of Copyright Infringment.

 

The Letter came in a 3 parts. One was a LETTER OF CLAIM, A HIGH COURT OF JUSTICE CHANCERY DIVISON, and a FACT:SHEET.

 

The Letter of claim said: We are solicitors action for Media C.A.T Limited ("Media CAT"), a copyright protection society and joint-exclusive territorial licensee with Dark Enterprises Ltd of rights (granted by the original rightsholder and/or exclusive licensee Darker Enterprises Ltd) in a film sold under the name of 'Billionaire' ("The Work") which has been released in the United Kingdom.

 

By an order dated 17 February 2010 of Chief Master Winegarten sitting at the High Court, your internet service provider was required to give disclosure of the name and address of the account holder of an IP address that has been identified in connection with copyright infringement of the Work. Your name and address was identified by your ISP as being exclusively linked to the IP address Identified. For information, we enclose a copy of the Court Order referred to (please see enclosure4)

 

It then goes on to show a IP address, Date/Time (11/2009), P2P protocol (Azureus) and Related Title, in a column boxed Table.

 

They are asking for payment of £500 and i have 21 days to respond. What should i do? This is really stressing me out and i need HELP.

 

Ive read alot about this ACS firm and loads about it being a fake and a [problem]... Im still not sure wether it is or isnt.

 

Ive found this website online but dont know wether to believe it or not:

beingthreatened.yolasite.com/common-mistakes.php

 

Im living in the UK and im with BT ISP. Can anybody help me please??

 

Thank You.

[dx100uk]

as every other post here

 

ignore them

 

they have no legal powers

 

dx

[wittzend]

Hi today i recieved letter from ACS LAW saying that i have participated in some sort of Copyright Infringment.

 

The Letter came in a 3 parts. One was a LETTER OF CLAIM, A HIGH COURT OF JUSTICE CHANCERY DIVISON, and a FACT:SHEET.

 

The Letter of claim said: We are solicitors action for Media C.A.T Limited ("Media CAT"), a copyright protection society and joint-exclusive territorial licensee with Dark Enterprises Ltd of rights (granted by the original rightsholder and/or exclusive licensee Darker Enterprises Ltd) in a film sold under the name of 'Billionaire' ("The Work") which has been released in the United Kingdom.

 

By an order dated 17 February 2010 of Chief Master Winegarten sitting at the High Court, your internet service provider was required to give disclosure of the name and address of the account holder of an IP address that has been identified in connection with copyright infringement of the Work. Your name and address was identified by your ISP as being exclusively linked to the IP address Identified. For information, we enclose a copy of the Court Order referred to (please see enclosure4)

 

It then goes on to show a IP address, Date/Time (11/2009), P2P protocol (Azureus) and Related Title, in a column boxed Table.

 

They are asking for payment of £500 and i have 21 days to respond. What should i do? This is really stressing me out and i need HELP.

 

Ive read alot about this ACS firm and loads about it being a fake and a [problem]... Im still not sure wether it is or isnt.

 

Ive found this website online but dont know wether to believe it or not:

beingthreatened.yolasite.com/common-mistakes.php

 

Im living in the UK and im with BT ISP. Can anybody help me please??

 

Thank You.

 

It is not a [problem], do not ignore it. Read the speculative invoicing handbook, and try to read through all the posts

 

http://torrentfreak.com/static/The-Speculative-Invoicing-Handbook.pdf

[Nelly070]

The fact that you claim GM have signed off your case,yet your still monitoring the forums. Something smells troll like to me.The fact that GM sent you a letter and no-one else,the fact that you have deleted your posts,the fact that "I think you are a bullsh***r" thats why I don't think your telling the truth.:???:

 

The fact that I think you work for one of the Shysters involved...Prove me wrong or get back under you bridge.

 

I still monitor the forum to see how others are getting on, I spent weeks on this forum desperate to see some break through against ACS/GM and still like to keep up to date despite my own case now being dropped, although I don't need to justify that to you.

 

How can I possibly prove that I don't work for them ?

Im sorry you are feeling sour grapes that my case is dropped and clearly yours hasn't but that isn't my fault is it !!

 

If I was a 'shyster' I'm sure I would post far more than I actually do and try to scare monger people, so please lay off the insults.