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

[matt314]

Had a phone call from Watchdog this afternoon (quite quick since I only filled out the online form last night), the researcher just asked whether I was in the house at the time and if they could use my name when contacting ACS:Law.

 

My letter is ready so I'll be sending it this week.

[matt314]

Some interesting related stories.

 

BBC NEWS | Technology | Net firms reject 'policing role'

 

The second one has an interesting quote.

 

It added: "Ispa members have consistently explained that significant technological advances would be required if these measures are to reach a standard where they would be admissible as evidence in court.

 

You can add comments to this story, might be worth mentioning ACS on it ?

 

Andy

 

I've had similar doubts Delta82, but the quote above really made me feel more confident that they don't have a leg to stand on.

[Delta82]

I've had similar doubts Delta82, but the quote above really made me feel more confident that they don't have a leg to stand on.

 

Yeah Ive slept on it now..and with new info ..Watchdog and the like now interested it seems to be gathering a bit more pace.

[Delta82]

http://www.hartlepoolmail.co.uk/news/Legal-row-over-download-claim.5258581.jp

 

Also YOUTUBED !

 

YouTube - ACS:LAW: Solicitors Filesharing Blackmail [problem]

 

Not sure who did the Youtube vid but all links are courtesy of Memor @ Slyck and also posted at TorrentFreak.

[Matti06]

i have just recieved the same letter you seem to be having, has any one phoned your ISP and asked them if they have giving them details i phoned them up this morning and they've not heard anything about it, i've been to the police and spoken to a member in CID and there looking into the case and there going to be ringing me back in the next few days i shall let everyone no whats going on can i ask what game it has ment to be and from who my letter says dopeman n call or jaurez

[Delta82]

Beingscammed - You are not alone, stand strong all the info needed and help as well if it looks a bit messed up in Firefox try using IE

 

Well done "beingscammed" ...

[Delta82]

ACS:Law Solicitors

 

Seems the info that's being unearthed and people delving into the law side of things has kick started a face lift for the firms site...take a peek

[cerberusalert]

UK court success against file sharing

 

I would hardly call it UK Court success; the first example never went to court & she settled & the second was won by default because she didn't defend.

 

While this was the first case heard in the United Kingdom of its type, experts believe that it is only the tip of the iceberg in litigation, and many others accused of similar breaches are to follow.

What experts? The same experts that are depending on unproven & unapproved forensic software?

[Delta82]

If Im honest this whole thing has been a roller coaster.... there's a few more things being dug up to see if there is weight for us "defendants" and one of the foremost issues is Logistep as they are not allowed to snoop on the fellow country men and other countrys ... but not sure how that will pan out for now with the UK law

 

http://www.iaac.org.uk/Portals/0/Evidence%20of%20Cyber-Crime%20v08.pdf

 

Theres a few folk looking through this document but its like another language to me for now lol.

[cerberusalert]

Personally I think they'll fall at the first hurdle with their "forensic evidence".

 

6 “Good” Evidence

Digital evidence must have all the attributes of other types of admissible evidence. Computer-derived evidence provides a number of challenges for the courts and for forensic procedures in general. To understand some of the issues it is useful to consider what “evidence” is in general terms.

Evidence is that which is offered before a court to persuade it to reach a particular view of events which may be in dispute. In general, evidence may be:

real – an object which can be brought to court and examined on the spot;

testimonial – the eyewitness observations of someone who was present and whoserecollections can be tested before the court;

documentary – a business or other record in any form which, once its authenticity hasbeen proved, can be examined for content;

technical – where a forensic technician has carried out some procedures on original“real” evidence and has produced some results. Technical evidence, in the eyes of thecourt, is not the same as expert evidence, which also includes giving opinions;

expert – the opinions of someone who is expert in a particular field and/or the conclusions of that expert after carrying out a specific investigation;

derived – a chart, video, etc. created from primary evidence to illustrate how certainconclusions might be drawn.

Evidence presented in court has to satisfy tests which fall into two main categories, admissibility and weight.

6.1 Admissibility

For evidence to be admissible, it must satisfy certain purely legal tests of acceptability. This tends to be a function of jurisdictions derived from the English common law as opposed to those based on European civil codes. The best known of the admissibility rules are:

the “hearsay” rule, which excludes reports of reports;

the “fairness in evidence acquisition” rule, which grants discretion to judges toexclude material obtained, for example, in violation of the codes of conduct in the Police and Criminal Evidence Act 1984 and Police Act 1997; and

the “broad” rule that exhibits including documents need to be produced into court by a human witness who can be cross-examined.

The actual rules are quite complex and have many exceptions. In the UK, intercepted data content can be used only for intelligence purposes – it cannot be admitted in evidence for a court to consider.

 

6.2 Weight

Having satisfied the admissibility criteria, the evidence can be considered then for weight of fact – its persuasiveness or probative value. While in the final analysis “weight” is a non-scientific concept, there are a number of desirable features in non-testimonial evidence, that is, exhibits and documents of various kinds. These attributes include that an exhibit is:

authentic – specifically linked to the alleged circumstances and persons;

accurate – free from any reasonable doubt about the quality of procedures used to collect the material, analyse it (if appropriate and necessary) and introduce it into court. It has to be produced by someone who can explain what has been done. If a forensic method has been used it needs to be “transparent”, that is, freely testable by a third-party expert. In the case of exhibits which themselves contain statements – a letter or other document, for example – “accuracy” must also encompass accuracy of content. This normally requires the document’s originator to make a witness statement and be available for cross-examination;

complete – it tells within its own terms a complete story of particular set of circumstances or events.

[Delta82]

Looking at that ..it may do.

 

There is also the DPA issue....

 

Someone headed to the CAB and they phoned the ICO about ACS:LAW and have a 3 month backlog to show up on there system so they

couldn'tsay if they are registered or not yet....

[andydd]

ACS:Law Solicitors

 

Seems the info that's being unearthed and people delving into the law side of things has kick started a face lift for the firms site...take a peek

 

Where are the sources for these so called Latest News items, it looks like have been deliberatly manipulated and placed there to try and scare people. I've no idae what the outcome was in the £16K case but I bet that they didnt recieve that much or indeed any, a court would take into account their ability to pay at that point.

[cashins]

From their site.

We have developed effective and unique methods for organisations to enforce their intellectual rights. By working effectively with forensic IT experts, law firms and anti-piracy organisations, we seek to eliminate the illegal distribution of copyrighted material through our revolutionary business model. Whilst many companies offer anti-piracy measures, these are often costly and ineffective. Our approach is quite the opposite, it generates revenue for rights holders and effectively decreases copyright infringement in a measurable and sustainable way.

 

Errr...send out umpteen demands and hope a significant number will cough up.

 

David

[Delta82]

Very true I think cashins...

 

Ive been looking at trying to get myself some representation if in the "likely" case I do get took to court.

 

My budget is meager at best and manage to "scrape by" as it is so on that basis I think I will have to use the Legal aid option .. anyone know how it works and what the requirements are for it or a link to read up on it.

 

Theres a scheme at work were I can get representation if need be but I think that's mainly to do with work and mortgage issues rather than something like this but will look into it when I find some one at work who knows exactly how it works as info is sparse so to speak.

[the_shadow]

I havent received one of these letters so this is just my "outside" opinion if you like....

 

Definately relying on bullying to enforce.

 

The only real evidence that you have had the game would be from a Forensic investigation on your PC from a fully qualified forensic expert, and just supposing you did download the file and they did obtain a court order asking you to provide your pc for investigation (never going to happen for a civil case) There are some basic steps people can take to delete their internet history and ensure a file stays deleted.

 

TCP/IP packets can be faked, IP addresses can be spoofed/hijacked. Records at IP providers can be incorrect. There are just too many variables in my opinion and this should be easy to throw the probabilities scale back against the claimant.

 

I cant see this firm being willing to have an IT "expert" in court describe how he intercepted the packets going from computer A to computer B knowing full well that intercepted data is inadmissible in court as far as I'm aware.

 

Also I cant see a judge understanding TCP/IP packets and headers and the fact that an IP packet can be faked with some really really cheap (i.e. free) software and put out into the network shows how unsecure it is.

 

Just my tuppence worth

 

S.

[the_shadow]

Very true I think cashins...

anyone know how it works and what the requirements are for it or a link to read up on it.

 

Follow this link and the calculator link on the page will show if you qualify for legal aid.

 

Can I get legal aid

 

S.

[Delta82]

Follow this link and the calculator link on the page will show if you qualify for legal aid.

 

Can I get legal aid

 

S.

 

 

Thanks for that ...massive help

[cerberusalert]

This whole business stinks, the original solicitors Davenport Lyons' dropped this like a hot brick when Watchdog got involved. They are still being investigated by the Solicitors Regulatory Authority over the matter, ACS:Law crawled from under their rock along with all the files & some of the staff from Davenport Lyons' to continue these cases which they don't have a chance of winning legitimately. I wonder whether ACS:Law think they are exempt from investigation too? Or will they cut and run when enough mugs pay towards their not so little [problem]?

 

Major law firm drops filesharing threats ? The Register

[Delta82]

Little Update..

 

Confirmation that ACS were not registered when they processed our personal data, appeared this morning in the ICO register

 

Registration Number: Z1760545

 

Date Registered: 14 May 2009 Registration Expires: 13 May 2010

 

Data Controller: ACS LAW SOLICITORS

 

Address:

18 HANOVER SQUARE

LONDON

W1S 1HX

 

not sure there's a great deal that can be done as its a classed as a breach of the DPA and not criminal supposedly

 

Deary me...lol

[Delta82]

ACS: Law are a legitimate company, and we apologise for so closely linking their name with the name of this website. Letters sent to you by them are not a [problem], and should be treated as legitimate letters of claim.

 

This website never meant to accuse ACS: Law of any wrongdoing, but to merely be a reference of links, collated from the public domain.

 

 

Seems ACS have been busy and are not very happy...

 

 

BeingScammed.com You are not alone, Stand Strong.

[izzitme101]

unsecured wireless router defense here i think if anything comes of it

[cashins]

BeingScammed.com You are not alone, Stand Strong.

 

As a general rule, when they start complaining.....

 

david

[Delta82]

Well there's reports of a 2nd reply for those who replied with a LOD..and a new site that people can head too if they need help

 

Being Threatened?

 

but lol @ this ACS:Law Anti-Piracy Lawyers Are Copyright Infringers | TorrentFreak

[Delta82]

Seems another load of letters have now been sent out.. but for xxx porn titles.

 

A fellow alleged infringer went to court the other day but lost BUT NOT FOR HIS ALLEGED INFRINGEMENT .and Contested court order

Edited February 11, 2010 by IdaInFife
removed external links

[penumbra]

Seems another load of letters have now been sent out.. but for xxx porn titles.

 

A fellow alleged infringer went to court the other day but lost BUT NOT FOR HIS ALLEGED INFRINGEMENT .. and Contested court order

 

I was going to pounce on you for saying he went to court and lost, but you actually make it clear it wasn't for the infringement

 

Needless to say, the post on the ACS page is inane blustering. IT wasn't allowed by the judge because he wasn't named on the order. The "brilliant argument" or whatever was about this, nothing to do with the evidence whatsoever.

Edited February 11, 2010 by IdaInFife
removed external links