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

[xer0s]

No. You will get an auto response via email but they will reply by letter. and the letter writing ping pong continues..... lol

 

btw have you complained to the SRA, your MP, which, watchdog, etc?

[victsc610]

cheers.not yet but will do .

[teddylorry]

a copy of who signed for it is on file if you can get the reciept number,this is how i followed my lod.

[The GodMother]

There have been some new DVD's that also contain a digital copy for use on your PC or mobile, (new Family Guy for example), but there are still strict rules on how many times it can be copied, etc and it still (in theory) for your own personal use.

 

Andy

 

These are the DVDs l mean so how can l be accused of sharing something when l have a legal copy for my i pod or mp3 player based on the one l have brought?

[andydd]

These are the DVDs l mean so how can l be accused of sharing something when l have a legal copy for my i pod or mp3 player based on the one l have brought?

 

I'm not sure what you mean ?. The 'portable' copy including on the disc is only for your own personal use and I think there are DRM restrictions on it too.

 

But theoritically if you were to place that 'copy' into your P2P program shared folder then that would be deemed illegal as you would then be sharing it with potentially millions of others....But then again the big video/record companies arnt involved with ACS, its mostly just obscure euro-crap music/naff games/porn companies.

 

Andy

[The GodMother]

yes it the portable copy l am on about. How can l know if l have put one of those onto my P2P program when l dont even know if l have a p2p program?

[andydd]

yes it the portable copy l am on about. How can l know if l have put one of those onto my P2P program when l dont even know if l have a p2p program?

 

Well, have you installed a P2P program on your PC ?

 

(P2P) Peer to Peer programs are used to share files across the internet, popular ones are Bittorrent, UTorrent, etc. These are the programs (and others) snooped on by ACS's 'investigators'. Your IP address will be available and this is what they use to track you down, via your ISP and court orders requiring your ISP to divulge your address.

 

It is possible though to spoof or hide the IP address shown on P2P programs, perhaps showing a nonsensical IP addy or more worryingly a valid IP addy of a completely innocent user.

 

The P2P program will set up a folder and anything placed within it (wether placed there by you or whether it a file 'downloaded' by you) will be available to other P2P users, this applies whether it is the whole file or if it is one you are still downloading.

 

Andy

[Scooby Doo69]

These are the DVDs l mean so how can l be accused of sharing something when l have a legal copy for my i pod or mp3 player based on the one l have brought?

 

As copyright law stands you can make one legal back up copy for your own use. Making it available to even a Family member is breach of copyright according to our out of date copyright laws. Making it available for other via P2P is a breach.

 

Once you've made it available and other have uploaded it, have a genuine copy will be no defence. Either way, you'v disclosed enough on a public forum.

[Scooby Doo69]

Well, have you installed a P2P program on your PC ?

 

(P2P) Peer to Peer programs are used to share files across the internet, popular ones are Bittorrent, UTorrent, etc. These are the programs (and others) snooped on by ACS's 'investigators'. Your IP address will be available and this is what they use to track you down, via your ISP and court orders requiring your ISP to divulge your address.

 

It is possible though to spoof or hide the IP address shown on P2P programs, perhaps showing a nonsensical IP addy or more worryingly a valid IP addy of a completely innocent user.

 

The P2P program will set up a folder and anything placed within it (wether placed there by you or whether it a file 'downloaded' by you) will be available to other P2P users, this applies whether it is the whole file or if it is one you are still downloading.

 

Andy

 

It's also common place for P2P sites to through spoof IP addresses into their trackers. The whole thing is such a grey area.

[The GodMother]

I dont think l have installed it but in my local paper last week there is a articale where these leaches have sent a elderly man a bill for downloading a music file he has never heard of........................................The best bit is he was out of the country with proof when the file was downloaded with his laptop as he was working away but the leeches are swearing blind there info is correct.

 

Could the microsoft file sharing be a p2p site. The only reason i am asking is l am sharing photos with family members via that system.

[Scooby Doo69]

I dont think l have installed it but in my local paper last week there is a articale where these leaches have sent a elderly man a bill for downloading a music file he has never heard of........................................The best bit is he was out of the country with proof when the file was downloaded with his laptop as he was working away but the leeches are swearing blind there info is correct.

 

Could the microsoft file sharing be a p2p site. The only reason i am asking is l am sharing photos with family members via that system.

 

As has been said many times before, a person doesn't have to be at their computer/laptop, even in the Country at the time as file sharing can happen without human intervention. It is also uploading (e.g. making the file available for others to share) that is the offence and not downloading. Under copyright, a file can be downloaded for 24 hours for sampling before being deleted, hence why they are not coming after people for downloading, but uploading.

 

An IP address is like a lock, each person has their own key, but they use the same lock. Even if a person was away at the time with their laptop does not mean the uploading did not occur at the account holders property in their absence using another laptop or desktop.

 

So, nothing that you state could be used as a defence.

 

There is a doubt over the evidence though as IP addresses can be spoofed or hickjacked with the account holders knowledge. There is also the unreliability of the way IP data is collected, P2P web sites that store the links to the files (trackers) add random fake IP addresses into the trackers to ward off anti-P2P companies, etc.

[HenriIV]

Even if a person was away at the time with their laptop does not mean the uploading did not occur at the account holders property in their absence using another laptop or desktop.

 

What you say above is true. However, unless the Account holder is PERSONALLY responsible for the 'upload' - or directly authorised someone else to make it - then they are NOT liable under the Act. Under the Act, the Account Holder is not responsible for the activities of others (unless he/she has directly authorised them).

[danny:boy]

template LOD 1 in post now just in time for the 21 day deadline lets see what happens now.

[randomuser]

template LOD 1 in post now just in time for the 21 day deadline lets see what happens now.

Yes I would imagine they will be receiving quite a lot of recorded post over the next few days!!!

[andydd]

As has been said many times before, a person doesn't have to be at their computer/laptop, even in the Country at the time as file sharing can happen without human intervention. It is also uploading (e.g. making the file available for others to share) that is the offence and not downloading. Under copyright, a file can be downloaded for 24 hours for sampling before being deleted, hence why they are not coming after people for downloading, but uploading.

 

An IP address is like a lock, each person has their own key, but they use the same lock. Even if a person was away at the time with their laptop does not mean the uploading did not occur at the account holders property in their absence using another laptop or desktop.

 

So, nothing that you state could be used as a defence.

 

There is a doubt over the evidence though as IP addresses can be spoofed or hickjacked with the account holders knowledge. There is also the unreliability of the way IP data is collected, P2P web sites that store the links to the files (trackers) add random fake IP addresses into the trackers to ward off anti-P2P companies, etc.

 

..and on top of that it is quite possible to use your PC as a proxy, (i.e I can quite happily be sitting on a sunny beach on the other side of the world, and yet still remotely log in to my home PC and work on it.), so it would be unwise if someone was just to rely upon a 'I was on holiday' defence.

 

Andy

[andydd]

I dont think l have installed it but in my local paper last week there is a articale where these leaches have sent a elderly man a bill for downloading a music file he has never heard of........................................The best bit is he was out of the country with proof when the file was downloaded with his laptop as he was working away but the leeches are swearing blind there info is correct.

 

Could the microsoft file sharing be a p2p site. The only reason i am asking is l am sharing photos with family members via that system.

 

As pointed out (by me and others), being out of the country would prove nothing. MS File sharing doesn't use P2P, bear in mind P2P by itself isn't illegal, it just happens that the majority of P2P traffic is copyrighted material, but it is used by others for legitimate ues, in fact the early iPlayer used a P2P system but since been ditched, although in common to popular Torrent sites it did stay running in the background 'sharing' stuff that you were (relatively) unaware of.

 

Andy

[Scooby Doo69]

Yes I would imagine they will be receiving quite a lot of recorded post over the next few days!!!

 

And with ACS using a virtual office, some poor sap on reception totally unrelated to them will have to sign for all of it!

[new_user1234567]

Sorry if this is a bit of a silly question - I'm new to all of this and I too have received a letter regarding Evacuate the Dance Floor (the work) - but if ACS Law's address is a virtual office, what does that actually mean?? Also, how do they physically get the letters we are sending?

 

Thanks

[zero_flight]

Sorry if this is a bit of a silly question - I'm new to all of this and I too have received a letter regarding Evacuate the Dance Floor (the work) - but if ACS Law's address is a virtual office, what does that actually mean?? Also, how do they physically get the letters we are sending?

 

Thanks

 

Not really quite sure how it works either, but they definitely receive the letters somehow. I, like others on this forum have received a second letter from them, responding to a LOD that has been sent.

 

[new_user1234567]

Thanks for your reply

 

If you don't mind me asking, how long did it take for you to receive your letter (from ACS) after sending your 1st LOD? Are you now planning on sending a 2nd LOD?

[Scooby Doo69]

Sorry if this is a bit of a silly question - I'm new to all of this and I too have received a letter regarding Evacuate the Dance Floor (the work) - but if ACS Law's address is a virtual office, what does that actually mean?? Also, how do they physically get the letters we are sending?

 

Thanks

 

It's common practice for small companies to use a virtual office to enable them to have a correspondence address. It's the same as having a PO Box address. Someone on reception will filter calls to ACS, or they may already be diverted to one of their admin staff.

 

We've had posts before where people have turned up at the address to be kept waiting whilst someone willing has been found in the building to face them.

 

Sending them a recorded letter will no doubt find ACS, but it's unlikely to be signed for by one of there own. The new offices and expansion promised last Year to date has failed to materialise....

[Badem]

Good question!

 

Is this the "monitoring program" ACS:LAW are relying on to provide their "evidence"?!

 

From their website:

 

eyeNet

eyeNet Is a Powerful & Fast Traffic Analayser Featuring DPI - Deep Packet Inspection Technology

 

Google: ng3sys .com

NG3 Systems Ltd

Not exactly a well known company is it?

 

Just out of curiosity BBC News - EU to assess piracy detection software

if its an infringment of rights for an ISP to do it why is it any different for a private company to use DPI?

 

According to Alexander Hanff, head of ethical networks at Privacy International, use of such software is in breach of current UK law.

Under the Regulation of Investigatory Powers Act (Ripa) intercepting communications is a criminal offence regardless of what you do with the data

 

Surely Mr Crossley, as a 'legal professional' should know this?

[Scooby Doo69]

Just out of curiosity BBC News - EU to assess piracy detection software

if its an infringment of rights for an ISP to do it why is it any different for a private company to use DPI?

 

 

 

Surely Mr Crossley, as a 'legal professional' should know this?

 

Possibly, but no one has had access to said evidence and it's never been tested in Court.

 

The use of Deep packet Inspection software is still a grey area. Virgin Media used it to test the depth of the suspected use of their services for illegal activities., but covered themselves by saying that they weren't going to act on anything found.

 

It could be deemed to be a breach of human rights and The DPA as it's the same as The Post Office opening and reading your mail without permission.

 

Scooby

[randomuser]

This is all over BBC News atm with a big chunk about ACS towards the bottom. Interesting stuff. Pleases me to read that the UK music industry has distanced itself from firms like ACS, just mad that it is still allowed to be done here!

[new_user1234567]

Thanks Scooby for clearing that up! I was a bit confused lol! I dont suppose you know how long it normally/roughly takes for ACS to reply do you?