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

[scooby555]

ok i know nothing about envlpoes theres a crown and 0025 and the date posted nothing else on the envlope

[Flyyyte]

ok i know nothing about envlpoes theres a crown and 0025 and the date posted nothing else on the envlope

 

 

Scooby:

 

No UK law firm intent on discharging its professional obligations to a client in respect of a serious legal matter would dream of doing so by putting a representation of claim into an envelope and mailing it out. . .

 

2nd Class.

 

That is just so, so cheap.

 

And, of course, so so. . . impractical.

 

The reason why it's impractical is because there's no proof of delivery.

 

A law firm resorting to such cheapness cannot know, and the law firm's client cannot know, if so important a letter ever got where it was destined or was ever received and read by the person against whom possible legal action was intended.

 

So what you need to do now is this. Put the letter in a safe place and. .

 

Do absolutely nothing else.

 

Do not reply.

Do not react.

Do not in any way shape or form. . . Respond.

 

Instead. . . sit back, get on with your life, and if another letter arrives -- and it has to be either a Signed For, or a Special Delivery -- then and only then should you think -- note the word: "think" -- of responding.

 

As you might appreciate, many people here and elsewhere will find it difficult to believe that a law firm as professional and prestigious as ACS:Law of 20 Hanover Square, Mayfair, London, cannot afford the price of even a First Class stamp.

 

Many people will find it difficult to believe that a law firm as professional and prestigious as ACS:Law is incapable of understanding the difference between a cheapo-cheapo mail-shot and an important legal document despatch:

 

'Now then, Flyyyte me boyo, where's the proof you've obviously got of this here letter which you say you sent but which you claim the defendant wilfully ignored?" and I say:

 

"Ah, well, m'lud, we always sends out all our important legal stuff by 2nd Class Mail."

 

Laughter, as they say, in Court.

 

And not much chance in the wake of that of me jacking up my fee income, or expanding my billable hours, not when prospective clients look at my practice and think ohmigawd, there goes Mister Second Class Stamp Man.

 

So, yes.

 

I really am finding it hard to accept that Andrew Crossley would ever send anything out by 2nd Class Mail, other than a Christmas card.

 

That being so, shome confusion obviously exists shomewhere, so as noted above, do not reply, respond or react in any way, and keep this weird untrackable and highly loseable-in-transit 2nd Class mailing safe.

 

You never know: it might possibly play a future role in the gradual unfolding of Justice in the matter of ACS:Law, Andrew Crossley, and, er, piracy, intellectual property theft, and the media representation of Dubai beach bonkers.

 

 

Flyyyte

[scooby555]

Flyyyte, thank you very much for the reply ive put the letter in a safe place and am not going to think about it anymore cheers i ow you a beer

[ccsnet]

Found an interesting link....

 

Mmmmm Terence Tsang (Tezimondo) on Twitter

 

http://sites.google.com/site/acsillegalsite/home/the-players

 

Terran

 

EDIT Also - if this is the same person according to the above link................

 

autoadvan.co.uk

 

Registrant:

Auto Advan

 

Registrant type:

Unknown

 

Registrant's address:

11 rupert law close

quorn

UK

LE12 8PE

United Kingdom

 

Registrar:

Key-Systems GmbH [Tag = KEY-SYSTEMS-DE]

URL: http://www.Key-Systems.net

 

Relevant dates:

Registered on: 17-Jun-2003

Renewal date: 17-Jun-2011

Last updated: 21-Jul-2009

 

Registration status:

Registered until renewal date.

 

Name servers:

ns1.domainservice.com

ns2.domainservice.com

ns3.domainservice.com

ns4.domainservice.com

 

Disclaimer

WHOIS lookup made at 23:55:52 02-Feb-2010

 

--

This WHOIS information is provided for free by Nominet UK the central registry

for .uk domain names. This information and the .uk WHOIS are:

 

Copyright Nominet UK 1996 - 2010.

 

You may not access the .uk WHOIS or use any data from it except as permitted

by the terms of use available in full at http://www.nominet.org.uk/whois, which

includes restrictions on: (A) use of the data for advertising, or its

repackaging, recompilation, redistribution or reuse (B) obscuring, removing

or hiding any or all of this notice and © exceeding query rate or volume

limits. The data is provided on an 'as-is' basis and may lag behind the

register. Access may be withdrawn or restricted at any time.

 

Unfortuntly the admin person there 'Tez' left all his car data there which means it could be cloned as the reg is also displayed ... FH53CHY

 

Vehicle 2003 Nissan 350Z

Colour Silver

Updated Wed Mar 01, 2006 9:47

Mileage 5400

Purchased Price 22950 GBP

Total Mods 4

Total Spent 2100 GBP

Total Views 2080

Rating 68/150

Please Rate

Description 2003 T Version - Japanese Luxury model

0 ? 60mph in 5.9 secs

Convertible

6 Speed manual

Fully loaded

 

I'm selling this vehicle! If you are interested please send us an email =) It's in the UK, registered, ready to be driven away!

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The Template User may use any of the the Company's templates for as many websites as s/he wishes free of charge. In return the Template User agrees to keep the links to the Company's website and the Company's logo that are part of the template.

 

http://www.siteground.com/tos_popup.htm?id=7

 

Not doing any more now.... hopefully you guys can see how easy it is to find information - freely available information which means your not breaking any laws etc - on any subject.... in fact some one I know proved that by doing some thing simualr to me lol.

 

On a serious note I am hacked off by all this and I am looking forward to a) out come of all the agency's and media now taking an interest b) the SRA out come slow it may be c) the governments involvement as I believe it pees over the genuine intentions the new digital bill is bringing by creating nothing but distrust from the public in methods of real term identification of perpatrtors.

 

T

Edited February 3, 2010 by ccsnet

[download-muppet]

A sudden thought. ACS:law are aparently acting on behalf of digiprotect and are asking for settlement as I aparently uploaded 'one' song. The song was on a 3cd album with many other songs and artists etc. Surely digiprotect cant represent every artist on that album?!?!?

 

If they've been connecting to torrents and/or seeding uploads to track IP's, does that mean they have breached the copyright on all the other artists tracks at the same time?

 

I'm a bit vague about all this stuff, but is that correct?

[Caimbeul]

A sudden thought. ACS:law are aparently acting on behalf of digiprotect and are asking for settlement as I aparently uploaded 'one' song. The song was on a 3cd album with many other songs and artists etc. Surely digiprotect cant represent every artist on that album?!?!?

 

If they've been connecting to torrents and/or seeding uploads to track IP's, does that mean they have breached the copyright on all the other artists tracks at the same time?

 

I'm a bit vague about all this stuff, but is that correct?

 

Theoretically speaking would it not be some form of entrapment if they seed the files, someone subsequently downloads them and then they try and prosecute you for it? - Just a thought...

[penumbra]

Theoretically speaking would it not be some form of entrapment if they seed the files, someone subsequently downloads them and then they try and prosecute you for it? - Just a thought...

 

 

Entrapment is not a concept in British law, and the only thing that comes close are rules which govern how agents of the state behave. Digiprotect are not agents of the state and this is a civil matter so those rules don't apply.

 

You could argue that if they distribute the files they give implied licence, which is similar to what you're getting at but there is zero evidence that this has happened in this case. They simply don't need to.

Edited February 11, 2010 by IdaInFife
removed external links

[Caimbeul]

Fair enough, just a thought sparked by download-muppet's comment.

[Scooby Doo69]

Hi All,

 

I would note that all of this takes place in the ground floor reception. At no point do i see the offices. 20 Hanover Sq, whilst a prestigious address on paper, is not in the flesh.

 

The simple answer is they do NOT have an office as such. As has been communicated many times on the Net, ACS Law have a registered address only where mail can be sent and collected from. Saves on overheads no doubt and gives the impression of a credible organisation. I suspect the reason you got short thrift when you turned up is that no ACS Law people were on site and no one from another company there wanted to collect the letter.

 

LA Law it ain't! LOL

[Scooby Doo69]

A sudden thought. ACS:law are aparently acting on behalf of digiprotect and are asking for settlement as I aparently uploaded 'one' song. The song was on a 3cd album with many other songs and artists etc. Surely digiprotect cant represent every artist on that album?!?!?

 

They aren't. Digiprotect are only interested in the songs and artists they represent, so they will 'ignore' the rest of the album and concentrate on their own items only. For example, they represent the artist "Scooter", so on a compilation album, they will track all the data and pick out and concentrate on Scooter tracks only.

[penumbra]

Flyyyte, thank you very much for the reply ive put the letter in a safe place and am not going to think about it anymore cheers i ow you a beer

 

Scooby, I'm afraid Flyyte is dead wrong. All sorts of organisations send out all sorts of correspondence second class and they assume, since the royal mail delivery rate is very high, that you received the document. Cheap it may be, but it's not unreasonable or unusual.

 

Court claims have to be sent first class, or by another method which gets there the next working day, to be counted as being served (according to Rule 6.3 of the CPR) but these aren't court documents. This is a pre action letter of claim according to the Civil proceedure rules.

 

According to section 7 of those rules, you should reply to the letter. Now, of course, these rules aren't compulsory but in the INCREDIBLY unlikley event of it ever getting to court, poor pre action conduct could count against you.

 

 

 

Sorry, mods I will stop spamming now. I need to get some work done.

Edited February 11, 2010 by IdaInFife
removed external links

[Scooby Doo69]

Agree with you pen that it's a dangerous game to play and ignorance is no defence to the law. It could send out a message to ACS Law that the person is ignoring a serious matter and they could apply for a judgment by default.

 

I personally haven't received one of these letters, but work in a similar enviroment (IT legal). If I did I would send a single letter of denial and advise them that I do not propose to enter into any further correspondance.

 

ACS Law know that their evidence is untested in UK Law and run a 50/50 chance of getting a result and thus setting a precedence. They will probably continue to milk the market whilst it proves profitable. If (and it's a big if) they do choose to test a case in Court they will carefully pick and choose their defendant to maximise the chance of success without turning them into a victim.

 

Just my personal thoughts

[scooby555]

ok so what should i do write a letter of denial and see what happens

[penumbra]

ok so what should i do write a letter of denial and see what happens

 

What you do is up to you, but there is a lot of help in the links I have posted above.

 

I won't spam them again, it's getting a little repetitive and I don't want the mods to get annoyed

[Scooby Doo69]

ok so what should i do write a letter of denial and see what happens

 

Check out the excellent beingthreatened website and get as much legal advice as possible. Most Solicitors will give you a free half-hour, Citizens Advice Bureau is free, most insurance policies (car, house) come with legal advice for small cost if not free. No one on here or at beingthreatened (as far as I am aware) are solicitors or of the like, so you need to get proper independant advice, but it all helps understand the "process".

 

If it was me and I was innocent, I'd not pay for something I didn't do. I'd write a single firm, but immotive letter of denial, stating that I do not admit the claim, will not be paying for something I hadn't done and have no knowledge of anyone who could have done the claimed offence. I'd also tell them that I will not be entering into any further correspondance on the matter as I had made my position clear. This gives ACS Law the option of taking you to Court or dropping the matter, or further correspondance could be considered harrassment. It also closes the avenue of suggesting that some else on a possible wireless network doing the deed, etc.

 

Just my opinion and as stated seek independant legal advice. There is good legal advice out there for free.

[scooby555]

right will do and thanks for quick reply

[Chrisash]

i too have one of these letters accusing me of a file i have never heard of let alone have on my pc! (done a full scan and search)

 

i think the whole thing is a disgrace and something needs to be done, i feel stressed with this and its costing me money at work searching for info/help on these guys!

 

I will be writing a firm LOD, when will something be done or are they going to get away with doing this!

[penumbra]

i too have one of these letters accusing me of a file i have never heard of let alone have on my pc! (done a full scan and search)

 

i think the whole thing is a disgrace and something needs to be done, i feel stressed with this and its costing me money at work searching for info/help on these guys!

 

I will be writing a firm LOD, when will something be done or are they going to get away with doing this!

 

The digital economy bill is currently passing through the house of lords and ACS have been mentioned several times. See a previously post of mine for more information on how to write to a Lord and let them know your vies on the matter. If you click my user name you should be able to get to a list of all my posts. I shan't repost the post as I'm starting to feel like a right spammer

[Chrisash]

The digital economy bill is currently passing through the house of lords and ACS have been mentioned several times. See a previously post of mine for more information on how to write to a Lord and let them know your vies on the matter. If you click my user name you should be able to get to a list of all my posts. I shan't repost the post as I'm starting to feel like a right spammer

 

many thanks pen, iv read thorugh some of your posts and dont stop! keep it going keep up the pressure

 

Its not enough them mentioning it, they need to do something about it

 

did you receive one of these letters yourself? what stage are you at?

 

Also scooby555 check your pm box

[inatiable-cj]

hi there new to this site i recived 1 of theses letters on friday

am kinda worryed about it

i recived it from acs:law the guys name is andrew j crossley apartly i uploaded a file on the 8.1.2009 and ive just reviced this letter now is this a [problem] what do i do now i cant afford to pay £400

You need to read the whole thread, there's more than enough information in it. Don't worry about it though as i believe ACS law are due for a fall!

[Scooby Doo69]

What we all need to remember that in law ACS aren't doing anything illegal.

 

Sure they are sailing very close to the wind, but they are also no mugs and know the law. Your ordinary punter doesn't and some panic and pay up innocent or not. There is no test case that ACS can refer to, nor is there one that opponents to ACS can refer to either.

 

All ACS are doing is exploiting the weak and ignorant into paying a sum that they say is reasonable. Unless there is a change in the law (like there was for ambulance chasing firms) then until the gravy train dries up they will continue to send letters before moving onto another venture.

[scooby555]

i'm going to citizens advice on friday id have gone today but roads are coverd in ice and snow so fingers crossed , i'm also taking a print out of some of the information regarding ACS:law and hopefully they can advice or do somthing about this. ive just lost my job and cant afford this sort of payment for somthing i have apartly done a year ago which is rather and totaly unfair

[Scooby Doo69]

Good luck, just remember to not give away anything personal on the net. If the worst comes to the worse (and history shows that ACS don't prosecute normally), then you'll be means tested. Chances are it would add to the likelihood of ACS backing out taking legal action as they want their large cut now, not at a £1 a Week for the next 10 years or so LOL

[scooby555]

any other advice scooby doo (strange to scoobys haha)

[Scooby Doo69]

Not really, the directions on here from PEN and me should suffice. The Slyck forums tend to be more on the ball regarding the ACS saga.