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


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welcome to CAG Rob, it is disgusting what this crowd @ LCS are are doing , others will be along shortly to give you more advice

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Hi Rob, send a letter of denial stating that you will vigorously defend any action that they take. Then sit back and ignore everything else that they send, unless they issue court papers (there is more chance of being struck by lightning). They will threaten all sorts, it's just part of how the [problem] works, so you need to be prepared for that.

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Agreed.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Rob, send a letter of denial stating that you will vigorously defend any action that they take. Then sit back and ignore everything else that they send, unless they issue court papers (there is more chance of being struck by lightning). They will threaten all sorts, it's just part of how the [problem] works, so you need to be prepared for that.

 

This is excellent advice, rob.

 

Reply and deny. There is a guide out there on another site, beingthreatened.com. That also contains a lot of background info on this scheme.

 

Anyone else who has received one of these letters, if you have chance please fill in my statistics form. No personal information is captured, just info about the infringement. It cannot be linked to you in any way.

 

 

The information will be published as a report and also used to campaign the Lords, MPs etc. There's some very interesting trends cropping up.

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Rob if you look back @ post #1717 you will see the House of Lords are asking about these **** and members of the HOL to contact etc, get a letter off to them Also

 

this chap is well against them Lord Young of Norwood Green

 

also link here to write letter > WriteToThem - Email or fax a member of the House of Lords in the UK Parliament

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http://www.consumeractiongroup.co.uk/forum/bear-garden/181826-last-tribute-our-lads.html

 

Like Cooking ? check the Halogen Cooker thread

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Very many thanks for all the replies and advice chaps - HUGELY appreciated, as I'm sure you can imagine.

 

Along with the Letter of Denial, and intent to defend, I will also be emailing the House of Lords, our local MP and the SRA.

 

What I find most distressing, out of this whole situation is that - as she is pretty much confined to the house, week-in, week-out, my wife uses the Internet connection to keep in touch with friends, and to shop...and now she is talking about getting rid of the net, as she is so frightened of the repercussions of this :mad:

 

Thanks once again for all your help guys - it's good know we're not alone :)

 

Rob

PLEASE CONTACT THE FOLLOWING

WRITE TO A LORD ABOUT ACS LAW (It's easy) http://www.writetothem.com/lords

Contact the SRA (Solicitors Regulation Authority) http://www.sra.org.uk

Contact the ICO(The Information Commissioner’s Office) http://www.ico.gov.uk/

Contact Which? Magazine [email protected]

Contact the BBC Panorama http://news.bbc.co.uk/panorama/hi/contact_us/default.stm

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great news Rob glad we have been able to help you

 

Kip

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HIGHWAY OF HEROES

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/181826-last-tribute-our-lads.html

 

Like Cooking ? check the Halogen Cooker thread

http://www.consumeractiongroup.co.uk/forum/bear-garden/218990-cooking-halogen-cookers.html

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Very many thanks for all the replies and advice chaps - HUGELY appreciated, as I'm sure you can imagine.

 

Along with the Letter of Denial, and intent to defend, I will also be emailing the House of Lords, our local MP and the SRA.

 

What I find most distressing, out of this whole situation is that - as she is pretty much confined to the house, week-in, week-out, my wife uses the Internet connection to keep in touch with friends, and to shop...and now she is talking about getting rid of the net, as she is so frightened of the repercussions of this :mad:

 

Thanks once again for all your help guys - it's good know we're not alone :)

 

Rob

Welcome Rob M8 you have a name what ACSs Cancer Crossley would gladdley like to use or should i say SHOULD use as his tital ROB=INNOCENT PEOPLE BLINDE

Anyway m8 dont worry there is thousands of innocent people out there all in the same boat, and its just a matter of time B4 the law gets a grip of ACS and brings this to a end.

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Welcome Rob M8 you have a name what ACSs Cancer Crossley would gladdley like to use or should i say SHOULD use as his tital ROB=INNOCENT PEOPLE BLINDE

Anyway m8 dont worry there is thousands of innocent people out there all in the same boat, and its just a matter of time B4 the law gets a grip of ACS and brings this to a end.

 

 

yes, Rob dont worry. just send a simple letter of denial without giving any more informations than they already have . Be strong and firm. thats what i did last year and they are off my back for quite few months now.

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Like Robstanley1 I too am a Kingston Communications customer who has just received a threatening letter from ACS.

However unlike Rob I think it is quite possible that the alleged file may have been downloaded, but as the Hard disk failed a couple of months ago and was binned I'm not absolutely sure one way or the other, but it is entirely possible as emule has been used in the past.

As I'm not the account holder its not my name is on the letter I'm not the one being directly threatened, but it would be unfair on that person to potentially be taken to court for something that is definatley not their fault, so I'm minded to pay.

 

They seem to have done things properly in getting the court order (which seems to be genuine as we also have a letter from KC confirming it), though there is no evidence on my computer as the HD has been binned, if the forensic evidence used to track me down stands up then they probably have a water tight case.

Does anyone know if there is a time limit on when action can be brought as the alleged download was 15 months ago.

 

Does anyone have an opinion on whether they have a case?

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Does anyone have an opinion on whether they have a case?

 

Yes.

 

No.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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Robbo,

 

Although your situation seems different to my wifes, I'd really recommend reading as much of this thread as you can - I've found it pretty much invaluable so far, and it's reassuring to know you're certainly not alone :)

 

Incidentally, folks, weren't ACS saying they were about to litigate back in September? Anybody know what happened there, or was this simply some kind of dubious bluff tactic, to scare folks into paying these so-called 'damages'?

PLEASE CONTACT THE FOLLOWING

WRITE TO A LORD ABOUT ACS LAW (It's easy) http://www.writetothem.com/lords

Contact the SRA (Solicitors Regulation Authority) http://www.sra.org.uk

Contact the ICO(The Information Commissioner’s Office) http://www.ico.gov.uk/

Contact Which? Magazine [email protected]

Contact the BBC Panorama http://news.bbc.co.uk/panorama/hi/contact_us/default.stm

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They seem to have done things properly in getting the court order (which seems to be genuine as we also have a letter from KC confirming it), though there is no evidence on my computer as the HD has been binned, if the forensic evidence used to track me down stands up then they probably have a water tight case.

Does anyone know if there is a time limit on when action can be brought as the alleged download was 15 months ago.

 

Does anyone have an opinion on whether they have a case?

 

The court order is genuine. The evidence that they used to get it is highly dubious.

 

As things stand, they have to prove in a court of law that you downloaded the alleged file. That will be difficult for them to do, as the hard drive doesn't even exist any more. You should do the same as I advised above, send a single letter of denial, and then ignore all future threats unless they issue court papers.

 

An even if you did know for certain that the file had, in fact, been downloaded, they would only be entitled to their actual losses. I doubt they could quantify £6, let alone £600.

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Thanks, Huff&puff.

 

D'you know - the more I think about, the more angry I'm getting about this whole thing...I'd actually be quite pleased to see them issue court papers in my wife's case, in some ways - the publicity generated by falsely-accusing somebody who's confined to a wheelchair, and struggles to put together a coherent sentence when under pressure would be very significant to say the least (not to mention the resulting counter-claim for both expenses, and the resulting emotional distress caused :-x)

PLEASE CONTACT THE FOLLOWING

WRITE TO A LORD ABOUT ACS LAW (It's easy) http://www.writetothem.com/lords

Contact the SRA (Solicitors Regulation Authority) http://www.sra.org.uk

Contact the ICO(The Information Commissioner’s Office) http://www.ico.gov.uk/

Contact Which? Magazine [email protected]

Contact the BBC Panorama http://news.bbc.co.uk/panorama/hi/contact_us/default.stm

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The court order is genuine. The evidence that they used to get it is highly dubious.

 

As things stand, they have to prove in a court of law that you downloaded the alleged file. That will be difficult for them to do, as the hard drive doesn't even exist any more. You should do the same as I advised above, send a single letter of denial, and then ignore all future threats unless they issue court papers.

 

An even if you did know for certain that the file had, in fact, been downloaded, they would only be entitled to their actual losses. I doubt they could quantify £6, let alone £600.

 

No, not prove. This is a civil case. They have to convince a judge that, on the balance of probabilities (i.e. convince a judge 51%) you did it, or are at least are responsible for it. Otherwise, good advice.

 

Also, they are also accusing you of distributing the file, not downloading it. When people in the past have tried to submit their hard drive for examination, this has been refused as it is "irrelevant to their case".

 

They have evidence your connection was used, but not who was using your connection at the time. This on it's own is probably not enough but to find out you have to take it to court which, they never have.

 

As Huff&Puff says, they will also only be able to claim for actual damages which they will have issues arguing for more than a few pounds. However, again, it all depends on the judge and your legal representation.

 

Don't worry - nobody has yet gotten that far. They have not even come close to a contested case in court.

 

The only concrete example of court claims that have been issued (basically one up from a letter of claim - still not a court case) have involved people who have used nicknames on public forums which are linked to their real name somewhere who have then proceeded to either confess openly to sharing the material online, or frequent file sharing forums.

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Erm "proof on the balance of probabilities" as required in a civil case is still proof. It is merely a lower standard of proof than the "beyond reasonable doubt" standard used in a criminal case. The point remains they they have to prove your guilt, you do not have to prove your innocence.

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Erm "proof on the balance of probabilities" as required in a civil case is still proof. It is merely a lower standard of proof than the "beyond reasonable doubt" standard used in a criminal case. The point remains they they have to prove your guilt, you do not have to prove your innocence.

 

Well, this is just semantics. As long as we're singing from the same hymn sheet.

 

Personally I wouldn't go near the words prove or proven in a civil situation which is why I use show. :)

 

The burden of proof is of course on ACS in this situation.

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Latest update and advice regarding ACS:Law, direct from Lawdit today, chaps:

 

ACS Law new claims - Copyright Law Articles and News - Lawdit Reading Room

PLEASE CONTACT THE FOLLOWING

WRITE TO A LORD ABOUT ACS LAW (It's easy) http://www.writetothem.com/lords

Contact the SRA (Solicitors Regulation Authority) http://www.sra.org.uk

Contact the ICO(The Information Commissioner’s Office) http://www.ico.gov.uk/

Contact Which? Magazine [email protected]

Contact the BBC Panorama http://news.bbc.co.uk/panorama/hi/contact_us/default.stm

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'Morning folks,

 

I know I'm blathering on a little now about this issue - it just has me so angry, though:

 

Anyway, last night I took a quick look on Youtube, to see if I could find the song which ACS:Law are alleging my wife had shared (or 'allowed to be shared').

 

Guess what?

 

  • There's MULTIPLE INSTANCES of the song (some with the official video) freely available
  • Some of these versions have been viewed MILLIONS OF TIMES

A little more digging, and I see that it's perfectly possible for *anybody* to freely download several utility programs, which would facilitate the audio recording of this (and every other) title from Youtube...and this could then (if wished) be converted and put onto CD!!

 

So....It appears that neither ACS:Law, nor their clients are actively attempting to prevent this potential MASS IP INFRINGEMENT; either they are unaware of it, or are simply allowing it to go unchallenged?

 

And yet, at the same time, they are relying on arguably shaky 'IP-Identification/Harvesting' software, which has been shown to provide false positives previously, in a morally spurious attempt to procure payments from thousands of potentially misidentified 'offenders'?

 

The more I look into this whole, laughable situation, the more incredulous I become :shock:

 

Needless to say, as I am now aware that ACS:Law monitor this thread, I will be watching the Youtube listings, containing this title, with great interest - wonder how much longer ACS and their clients continue to allow this work to be distributed unchalleneged?

 

(It goes without saying that I have retained proof of this song's current availablity on Youtube, along with download/view stats ;))

PLEASE CONTACT THE FOLLOWING

WRITE TO A LORD ABOUT ACS LAW (It's easy) http://www.writetothem.com/lords

Contact the SRA (Solicitors Regulation Authority) http://www.sra.org.uk

Contact the ICO(The Information Commissioner’s Office) http://www.ico.gov.uk/

Contact Which? Magazine [email protected]

Contact the BBC Panorama http://news.bbc.co.uk/panorama/hi/contact_us/default.stm

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...And here's the latest Which? article, issued today:

 

ACS Law letter writing continues - Which? News

 

Says it all, really :roll:

PLEASE CONTACT THE FOLLOWING

WRITE TO A LORD ABOUT ACS LAW (It's easy) http://www.writetothem.com/lords

Contact the SRA (Solicitors Regulation Authority) http://www.sra.org.uk

Contact the ICO(The Information Commissioner’s Office) http://www.ico.gov.uk/

Contact Which? Magazine [email protected]

Contact the BBC Panorama http://news.bbc.co.uk/panorama/hi/contact_us/default.stm

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NEW FACEBOOK GROUP FOR THOSE ACCUSED OF PIRACY BY ACS:LAW

 

Due to it's sheer reach, there's now a Facebook group available for all to make use of - search ACS LAW in the Groups tab...and please, please pass the details on to everyone you know of who's also received an ACS letter.

Edited by robstanley1
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PLEASE CONTACT THE FOLLOWING

WRITE TO A LORD ABOUT ACS LAW (It's easy) http://www.writetothem.com/lords

Contact the SRA (Solicitors Regulation Authority) http://www.sra.org.uk

Contact the ICO(The Information Commissioner’s Office) http://www.ico.gov.uk/

Contact Which? Magazine [email protected]

Contact the BBC Panorama http://news.bbc.co.uk/panorama/hi/contact_us/default.stm

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'Morning folks,

 

I know I'm blathering on a little now about this issue - it just has me so angry, though:

 

Anyway, last night I took a quick look on Youtube, to see if I could find the song which ACS:Law are alleging my wife had shared (or 'allowed to be shared').

 

Guess what?

 

  • There's MULTIPLE INSTANCES of the song (some with the official video) freely available
  • Some of these versions have been viewed MILLIONS OF TIMES

A little more digging, and I see that it's perfectly possible for *anybody* to freely download several utility programs, which would facilitate the audio recording of this (and every other) title from Youtube...and this could then (if wished) be converted and put onto CD!!

 

So....It appears that neither ACS:Law, nor their clients are actively attempting to prevent this potential MASS IP INFRINGEMENT; either they are unaware of it, or are simply allowing it to go unchallenged?

 

And yet, at the same time, they are relying on arguably shaky 'IP-Identification/Harvesting' software, which has been shown to provide false positives previously, in a morally spurious attempt to procure payments from thousands of potentially misidentified 'offenders'?

 

The more I look into this whole, laughable situation, the more incredulous I become :shock:

 

Needless to say, as I am now aware that ACS:Law monitor this thread, I will be watching the Youtube listings, containing this title, with great interest - wonder how much longer ACS and their clients continue to allow this work to be distributed unchalleneged?

 

(It goes without saying that I have retained proof of this song's current availablity on Youtube, along with download/view stats ;))

 

I think you're missing the point a bit. The object of the exercise from their point of view is to get lots of people to pay, and so make loads of money. It is nothing to do with stopping any particular song being available on the internet. It's a variation on scams that have been going on for a long while with private parking tickets and with retail loss prevention, all of which also use firms of solicitors making demands for payments that they could never enforce in a court too.

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Fairly certain this has been mentioned previously, but here's the direct link to lodge a complaint with BBC TV's Watchdog programme, which begins again in the Spring - let's all drop them a line (it really is very quick and easy), and see if we can get them to invite Mr. Crossley onto the show:

 

BBC - Watchdog - - Got a story

PLEASE CONTACT THE FOLLOWING

WRITE TO A LORD ABOUT ACS LAW (It's easy) http://www.writetothem.com/lords

Contact the SRA (Solicitors Regulation Authority) http://www.sra.org.uk

Contact the ICO(The Information Commissioner’s Office) http://www.ico.gov.uk/

Contact Which? Magazine [email protected]

Contact the BBC Panorama http://news.bbc.co.uk/panorama/hi/contact_us/default.stm

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