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

[halfords]

As the owner and operator of the only law firm in the UK acting for copyright owners in identifying and pursuing illegal file sharers on Peer to Peer networks I believe that regulation needs to be tougher. The Digital Britain report failed to address the key problems. Criminalising 8 million people is not the answer, but a direct obligation on Internet Service Providers to catalogue and keep the necessary data to identify illegal file sharers, coupled with statutory damages payable through the civil court process for such copyright infringements, for the direct benefit of the copyright owner infringed.

- Andrew Crossley, London, United Kingdom, 19/8/2009 22:04

Read more: Mandelson launches crackdown on file sharing... just days after meeting with record producer | Mail Online

 

with link to story as mandelson is now getting free dinners and holidays with the big people

[cerberusalert]

When Mandelson was in hospital the other day it wasn't for a prostrate problem, it was to surgically remove a record producer (allegedly).

 

What really galls me is that someone unelected can not only act on behalf of the Prime Minister from a foreign country, but also in effect create leglislation.

[halfords]

nice to see mr crossley putting in his 2 pence worth in.

[MARTIN3030]

Virgin Media was onto this a long time ago-and their terms and conditions state it.

No suprises given Bransons interests in music publishing and communications.

Yet interesting to see Talk Talk voicing their disagreement that internet providers should be Policing it-what can the motivation be behind that ??

[cashins]

What really galls me is that someone unelected can not only act on behalf of the Prime Minister from a foreign country, but also in effect create leglislation.

 

It is generally recognised that this outrageously corrupt government is dead come next year. (Last possible date, Thursday 3rd June according to the Electoral Commission)

 

What else to do but collect as many backhanders/promises of future employment as possible?

 

Past presidents from the O/H's country have traditionally managed to obtain exile in the United States, along with their stolen billions.

 

We will probably be daft enough to let them still live here and give them a knighthood to boot.

 

David

Edited August 25, 2009 by cashins

[halfords]

UK Pirate Party to stand at general election - V3.co.uk - formerly vnunet.com this may be the way to show the government

 

 

http://www.pirateparty.org.uk/

[the_shadow]

Virgin Media was onto this a long time ago-and their terms and conditions state it.

No suprises given Bransons interests in music publishing and communications.

Yet interesting to see Talk Talk voicing their disagreement that internet providers should be Policing it-what can the motivation be behind that ??

 

Cost of implementing and monitoring not to mention the possible risk of being sued as a party to the downloading perhaps?

 

S.

[MARTIN3030]

I was thinking more in terms of VM customers viewing Talk Talks stance as.....erm somewhat advantageous

[notascooterfan]

Hi,I recieved one of these letters about 2 months ago, we are on tiscali and they were asking for £500. I sent the template LOD found on beaingtreatened.com.I recieved another letter just yesterday stating that they will not accept a template letter as a denial. I am now in the process of writing my second letter of denial, again from the templated off of the above webiste. I think i will also point out the fact that both of the letters sent to me regarding this were also both template letters. See what they say to that. After this letter we will just ignore them until if/when we get a court summons!Stick it to the man!xx

[brokebutnotbeatn]

well a letter is a letter whether its a template or not. its a written form of denial so what utter nonsense!

[lori03]

hi

i too have a received a letter yesterday stating they would not accept my letter i sent off as it was from a template , will i send the 2nd template ?

[lickthewallfatboy]

send them this template

 

 

"**** off!!"

[Nikkinooch]

send them this template

 

 

"**** off!!"

 

I was SOOOOOO tempted to send this reply LOL:p

[factor]

just a thought.

i wonder if crossley drinks horlicks.

[Huff&Puff]

As they are lawyers, perhaps they would appreciate this:

 

Dear Leeches,

 

I refer you to the reply given in Arkell v. Pressdram.

 

Yours,

 

Arkell v Pressdram.. the vital thing..

[andydd]

hi

i too have a received a letter yesterday stating they would not accept my letter i sent off as it was from a template , will i send the 2nd template ?

 

It makes you wonder why they are playing this silly game, if you did turn up in court and produced the letter I doubt wether ACS would be dumb enough to say yes we did receive the letter but because they were similar to other ones we ignored them, very bizarre and would probably back-fire on them.

 

People turn to sites like this for free advice and use the many great template letters because they dont wish to pay out a fortune to solicitors especially if they are complete **EDITED** like Crossley

 

Andy

Edited August 27, 2009 by car2403
Language, Timothy! ;)

[manka]

just had third letter through saying,our client made the order against your isp not you,your isp identified & found my ip address assigned to me.Verify this data with your isp and refer to details in previous communication.reply in 14 days to avoid any further action.

mmmmmmmmmm!!!!!!!!!!

[babybear39]

It's up to ACS to prove it not you to disprove it!

[Huff&Puff]

Any chance of scanning that letter and posting it up here, with your details removed of course?

[manka]

sorry no scanner,talked to my isp & they have no concerns,basically reply within 2 weeks to avoid further action.looks like they are now blaiming your isp not you!looks like a template letter once more.

[Robbie_1984]

Hello all

 

My dad has just recieved a 3rd letter from them, once again stating they recognise that our previous response was a template taken from the internet, and that their open offer of compromise is withdrawn.

 

They have now sent a offer to settle under part 36 of the civil procedure rule, asking for £625 instead of the original £500. We have 14 days to pay it. my dad is now getting more worried about it, so some advice would be appreciated.

 

Thanks

Robbie

[manka]

i can only go by what i have had through the post ,i also sent a template letter & consider the matter closed.i hope you get the same response soon.if you want the details of the letter i sent up here then mail me.

kind regards

[car2403]

Hello all

 

My dad has just recieved a 3rd letter from them, once again stating they recognise that our previous response was a template taken from the internet, and that their open offer of compromise is withdrawn.

 

They have now sent a offer to settle under part 36 of the civil procedure rule, asking for £625 instead of the original £500. We have 14 days to pay it. my dad is now getting more worried about it, so some advice would be appreciated.

 

Thanks

Robbie

 

I can't really believe that this is a reputable law firm that thinks it is servicing it's client in a sufficient way.

 

If we take a look at Part 36.2 of the Civil Procedure Rules of 1998;

 

(1) An offer to settle which is made in accordance with this rule is called a Part 36 offer.

(2) A Part 36 offer must –

(a) be in writing;

 

(b) state on its face that it is intended to have the consequences of Part 36;

 

© specify a period of not less than 21 days within which the defendant will be liable for the claimant's costs in accordance with rule 36.10 if the offer is accepted;

 

(d) state whether it relates to the whole of the claim or to part of it or to an issue that arises in it and if so to which part or issue; and

 

(e) state whether it takes into account any counterclaim

 

Now, they can make a Part 36 offer before commencement of proceedings, (CPR Part 36.3(2)(a)) but it must be made for 21 days or more.

 

How can a reputable legal firm like this send a CPR Part 36 offer that isn't compliant with CPR Part 36?! All I did was look Part 36 up - and I'm a layperson!

 

PART 36 - OFFERS TO SETTLE - Ministry of Justice

[Robbie_1984]

Sorry that could be me misreading the letter, the letter states:

 

"If the offer is accepted within 21 days of service of this notice you will be liable for our clients costs in accordance with rle 36.10 of the Civil procedure Rules SAVE THAT if you accept the ovver within this time our client will waive any claim costs. save that if you accept the offer within 21 days our client will waive any claim costs, other than those already incorporated in the above offer."

 

Then a bit further down the letter is then states:

 

"If you decide to accept this offer you must do so in writing and pay the Offer Sum in full within 14 days of notification of acceptance."

[cashins]

I don't think your dad has cause to worry.

 

They have by now issued probably thousands of these lettersand as far as I am aware they have not issued court papers on anyone.

 

David