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william 3

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  1. There is a lot of information on the Letter sending by ACS Law on the subject of Copywrite infringement on the web. We recieved 2 letters from them in June 09. Note that the second letter was recieved within the Time frame mentioned to 'Respond within a 31 day period. Both letters asked us to 'Admit Liability' by signing a Undertakings Sheet, pay £500 and promise not to do the same again. Please also note that what they did was to increase the scare factor simply by sending a second letter within the time frame they asked us to respond their first letter. We know nothing about the WORK thay refer to in their letters to as all. If you recieve a letter for them write back to them and enclose the recommended responce outlined below: ACS: LAW 18 Hanover Square LONDON W1S 1HY REFERENCE: INFRINGEMENT OF COPYRIGHT - LETTER OF CLAIM. YOUR REFERENCE DIG ................ – RECEIVED 29 June 2009. Dear Sir/Madam I am writing in reply to your letter of claim dated 25 June 2009 stating that my connection was used in an infringement of copyright, using peer to peer networks which allegedly occurred on the (P2P Protocol BITORRENT) took place last year on 14.05.2008 at 22:46:41 and concerns ‘Scooter- Jumping all Over the World.’ (THE WORK). You assert in your letter that the infringement was apparently traced to my internet connection. I note that I am not personally being accused of the infringement, as you have no evidence to this effect. Nevertheless, I categorically deny any offence under sections 16(1) (d) and 20 of the CDPA 1988. I have never possessed a copy of the work in any form, nor have I distributed it, nor have I authorised anyone else to distribute it using my internet connection. I note that section 16(2) of the act requires a person to either directly infringe copyright, or authorise someone else to do so. I have done neither, and you have not provided any evidence of my doing so. As such I cannot and will not sign the undertakings as provided by you. As you seem to be perfectly aware, it is impossible to link an IP address to a particular person or computer without further detailed analysis, which requires a level of expertise I do not possess. Furthermore the delay in your sending of a letter of claim (407 days to be precise) precludes any such analysis. In your letter you state that “it is unlikely that a simple denial (without further explanation) will change our view of the circumstances”, unfortunately I do not have the expertise to provide a detailed explanation. As such I can only conclude that I have been a victim of foul play. As far as I am aware, there is no law in the UK under which you could properly hold me responsible for an infringement occurring via my internet connection, without either my knowledge or permission. I would be interested to hear you legal basis for attempting to do so. Please inform your clients that if they wish to pursue this matter, I will seek to recover all my costs to the maximum permitted by the Civil Procedure Rules. The signature of the undersigned confirms the statement provided to be accurate and legally binding under the terms required by pre-action protocol in civil law. Yours Faithfully After this did this we nothing from them.
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