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

[cerberusalert]

at least if you get a warning and you're not asked to fork out hundreds of pounds or threatened with court action.

Meddlesome said that it was up to the music/film industry to bring prosecutions separate to any embargo imposed by the ISP's.

[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.

[cerberusalert]

Just copy & paste the article or url into Google Translate

[cerberusalert]

It is thought to be reasonable to use 10% of an article when reproducing it with creditation. Reproducing the full article without any creditation is seen as plagiarism and leaves the site open to being sued.

[cerberusalert]

I cannot comment any furthur LTWFB..i do apologize, but strict censorship is now in place im afraid

 

You know perfectly well what the situation is I have explained it to you twice, once publically and once by PM, but to reiterate and for the benefit of other posters I will explain one more time. Your post #1557 was moderated because you copied & pasted an article from another website in it's entirety & without giving credit to either that site nor the author. This is breach of copyright and as such the consequences to this group/site could be dire, not only to CAG itself but to the very people who seek help.

 

It is ironical that a post which is in breach of copyright has to be removed from a thread that is dealing with the very same. The only difference being is that the majority of posters are innocent whereas your post was a blatant breach for all to see in a public forum.

 

There is absolutely nothing to stop people discussing the article or even using quotes within moderation, but to plagiarize whole articles is not on.

I cannot comment any furthur LTWFB..i do apologize, but strict censorship is now in place im afraid

If 'strict censorship' was in place this thread would have been closed long ago.

Finally, this is the last word on the matter. It is not open to negotiation or discussion.

Edited November 14, 2009 by cerberusalert

[cerberusalert]

I can't wait for them to accuse Ann Widdecombe.

[cerberusalert]

I wonder if their Forensic Expert is as well qualified and trustworthy as this guy? LINKY

[cerberusalert]

The problem with that article is that it isn't authenticated. A mysterious Pub Landlord 'fined' yet 'The case has been brought about by the copyright holder itself (whoever that may be)'. Surely as a civil action the defendant would have had to pay costs & compensation if the case was found against him, not a fine? Also I would have thought if this was a legitimate case it would have aroused national media interest and the parties named along with the relevant court.

 

I wonder if this is a case of 'Chinese Whispers' perpetrated by some less than trustworthy party wanting to feed the paranoia created by a 'cash cow' civil action that has yet to enter any courtroom?

[cerberusalert]

To reiterate what has already been said within this thread, the crux of ACS's argument is that the a/c holder is responsible for what has been downloaded via his/her internet connection, the sole basis of their allegations is using tracking software which to date is still unproven, AFAIK their forensics experts are not even recognised in the UK, they certainly are not in Italy or Germany nor is their tracking software. There is no verifiable evidence that they have actually won a court case although their predecessors have won one by default as the defendant never defended & even then it is alleged that that particular case was 'manufactured'. There is one case allegedly where a publican has been prosecuted but again this is unverified.

[cerberusalert]

it seems so. and apparently 80% of 'defendants' opted to pay up. yeah sure they did mr crossley.

dont know if its been mentioned yet but does anybody know anything about this case: Unsecured wireless network liability

Pub 'fined £8k' for Wi-Fi copyright infringement - ZDNet.co.uk

[cerberusalert]

It's hardly BT's fault, they were ordered by the court along with all the other IPs to disclose the information, if they hadn't they would have been in contempt of court.

[cerberusalert]

Tried to post here earlier but it doesn't seem to have appeared - anyway new to forum after receiving LOC yesterday for £495 - LOD being sent - also complained to ISP and also SRA. Apparently fileshared a porn movie august last year ??

 

for some reason your posts were automatically unapproved, I've since manually approved them but if you have any further problems PM me and I'll see to it.

[cerberusalert]

Just missed

27/07/2010

More:programme information

 

Broadcast today, 19:00 on BBC One and available soon on BBC iPlayer.

 

Sir Stirling Moss hits the road to investigate the controversy around speed cameras.

BBC - BBC One Programmes - The One Show

 

It'll probably be available to view from tomorrow.

[cerberusalert]

McKinnon wrote a simple brute-force Perl script which he combined with a javascript and words lists over a 56Kbps modem to test passwords against various systems in the US during the years 2001 and 2002.

 

WEP has been updated to WEP2 (WPA2) now which is more secure Wired Equivalent Privacy - Wikipedia, the free encyclopedia

Edited July 27, 2010 by cerberusalert

[cerberusalert]

Not being funny, although he is a clever chap, there is no way I would even think about using one of his scripts. He got caught.

He would have been better hacking into a wireless network first rather than using his telephone modem.

 

And the wheel turns around.

[cerberusalert]

Just a reminder, every poster is able to edit their own posts by clicking the 'edit' button.

[cerberusalert]

So the ip address that pops up on the right hand site is mine? Yes? If it is it is completely different from the one they have stated in the letter.

 

Im not sure if you are saying this is a good thing or not?

IP addresses can be confusing, it depends whether you have a static or a dynamic address. A static address remains the same whereas a dynamic one changes frequently.

[cerberusalert]

Have you checked out the demo? Aparently any files you have in your shared documnts folder "are likely to be illegal files", based on what? I keep totaly legal files in that folder so that I can listen to music through my xbox. Also having bit torrent software is not illegal nor is using it!

I was under the impression that the 'shared folder' on someones computer was for any file to be shared amongst all users on a computer regardless of the login permissions.

[cerberusalert]

I wonder what they would say if you wrote back stating you did not accept their letter not accepting your LOD because their letter is a template?

[cerberusalert]

Has any one got a direct link to the SRA? I think im going to add my complaint now.

 

http://www.sra.org.uk/contact-us/

[cerberusalert]

THERES AN OUTCOME NOW

 

http://www.which.co.uk/news/2010/08/file-sharing-solicitor-to-face-disciplinary-body-225840

 

For some unknown reason Which have apparently removed that page, yet this still shows up on google search for the above url.

File sharing solicitor to face disciplinary body - Which? News

23 Aug 2010 ... The Solicitors Regulation Authority is referring Andrew Crossley of ACS Law Solicitors to the Solicitors Disciplinary Tribunal after Which? ...

http://www.which.co.uk/.../file-sharing-solicitor-to-face-disciplinary-body-225840

 

There's this tho' http://www.which.co.uk/news/2010/03/file-sharing-solicitors-under-investigation-205433

[cerberusalert]

For a fuller report there's this too http://www.slyck.com/story2028_FileSharing_Lawyer_Andrew_Crossely_to_Face_Disciplinary_Tribunal

[cerberusalert]

I haven't even told them that the ISP company which have supposedly identified me as a subscriber is not a company I have ever heard of, I'm with somebody else,

 

Same here, I've never heard of the company who they claim they got my IP address from and they're certainly not my provider. Is this relevant though?

Some ISPs such as Torch Communications are known under different names;

 

Grey Street Communications

Kingston Communications

KCOM Group Public Limited Company

Karoo

 

etc., etc.

[cerberusalert]

I don't know why this Crossley character gets himself into such a tiswas about whether someone uses a template letter or not, it is still a perfectly legal document as long as it has been executed (usually by a signature). For your information Crossley a legal document does not have to be signed either to be executed, see; Select committee on Trade and Industry minutes of evidence (1996 Legislative working party)

2. The working party looked at the legal issues regarding the terms document, writing, signature, instrument, and records of transactions and originality. The Government's current proposed legislation focuses particularly upon the issue of signature. The working party considered the leading case in English law on signature methods, Goodman -v- J Eban Limited. That decision established that:

 

2.1 mechanical signatures using rubber stamps, printing or typewriting were valid in english law;

2.2 a signature can be by a mark rather than a name as long as evidence can be given to indentify the placer of the mark and the intention to sign; and

2.3 words other than a name can amount to a signature if the necessary intention to sign can be proven

 

Now although this working party was looking into the Electronics Commerce Bill it points to . .

 

Goodman v J Eban Ltd (1954)

 

A solicitor signed a solicitors bill with a rubber stamp which contained the name of the law firm. In the judgment it was determined that the rubber stamp was a valid signature, even theough the Solicitors Act of 1932 required a solicitors bill to be signed; it was established that it is enough to demonstrate that the rubber stamp was affixed by the solicitor with the intention to sign the solicitor's bill.

 

So now taking the highlights above I go to:

 

Interpretations act 1978

 

Schedule 1

 

1973 c.37.

 

"Writing" includes typing, lithograpgy, photography or other modes of representing or reproducing words in a visible form and expressions refering to writing can be construed accordingly

[cerberusalert]

Pinsent Mason has an excellent track record of vigilance where consmer rights and consumer protection is concerned; to them, Crossley must be anathema.

I would love to be a fly-on-the-wall listening to the numerous conversations which will surely be occurring within the legal fraternity.

 

The old saying about 'history repeating itself' is true, it seems that his modus operandi is exactly the same.