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

[count orlok]

@8of9 - try this, go to http://drs-software.com/download.php keep it in the German page. Then right hand click the page and translate with Bing. Now watch while your IP address changes magically !!!!

 

That's because you are using Bing, that is their IP as it is them who are reading the page, apparently savy file sharers can use similar methods so they don't get caught and inocent IPs get identified (I think).

[count orlok]

Just tried Microsoft Translator, showing 2 windows, 1 English 1 German, both show different IPs. So according to the people that supply the "proof" for ACS et al I have 3 IP addresses! Which if any is the real one? Can we be sure? Would a court be sure? Would a judge be confused?

 

Refresh the page and they change again, so there is no limit to the number of IPs we could have so are we are all guilty? Or is no-one guilty?

[floppydog]

Interesting article - http://www.newsintech.com/2009/10/german-anti-piracy-body-promote-illegal-downloading/700

[cerberusalert]

Have you checked out the demo? Aparently any files you have in your shared documnts folder "are likely to be illegal files", based on what? I keep totaly legal files in that folder so that I can listen to music through my xbox. Also having bit torrent software is not illegal nor is using it!

I was under the impression that the 'shared folder' on someones computer was for any file to be shared amongst all users on a computer regardless of the login permissions.

[floppydog]

The shared folder is the default for all of these programmes like u torrent, bit torrent, firewire, limewire etc - so it concludes that if it is in that folder it must be dodgy !!. It is also the default for Microsoft software like, Word, Excel, Powepoint etc etc

[count orlok]

I see, Burglers keep their ill gotten gains under the bed, so anybody that keeps anything under their bed must be a burgler, and therefore guilty.

[floppydog]

@count orlock - actually the ip address of Bing is - 65.55.175.254

[panther12]

God I am angry!!! I posted this earlier in the legal forum before been pointed to this thread.

http://www.consumeractiongroup.co.uk/forum/showthread.php?272808-Copyright-infringement-letter-%28Ministry-of-Sound%29&p=3082470&viewfull=1#post3082470

 

I'm only a fraction through reading this thread and can't beleive just how low these law firms will stoop. I feel another david & goliath moment coming on...

[count orlok]

@count orlock - actually the ip address of Bing is - 65.55.175.254

 

I didn't know that, how come I had 3 different IP addresses reported at the same time, and when i refreshed the pag it showed 3 more? can it be that all this colleting of IPs is flawed, after all this is the same firm that is suplying the "proof".

[8of9]

I didn't know that, how come I had 3 different IP addresses reported at the same time, and when i refreshed the pag it showed 3 more? can it be that all this colleting of IPs is flawed, after all this is the same firm that is suplying the "proof".

 

The first IP shown will be yours. If you use the translators on the site the address remains the same. If you use the Bing translator the ip addresses you see are Microsoft ip's. Do a WHOIS search on them and even though they are different they are microsoft ip's as Bing is owned by microsoft.

[wittzend]

Just had my letter from GM read through these threads,glad to know its not just me.Thanks guys

[seymourtitty]

has anyone on this thread actually paid yet?

[platty1964]

nope , only sent my LOD of yesterday via recorded delivery , PO didnt recognise the oxford street address either

[seymourtitty]

their website is down, none of the content is readable...wonder if their webmaster has left as well

[panther12]

Can anyone just confirm the method of posting Gallant Macmillan use to send out their crap - 1st or 2nd class?

[daylight_robbery]

Both letters I received were sent by second class post

[panther12]

Both letters I received were sent by second class post

 

Cheers, that helps in a response I'm preparing.

[the_shadow]

Both letters I received were sent by second class post

 

Ahhhh the sign of a real good business model and classy firm, sending out important legal documents aka "threats" by second class mail.

 

S.

[kilotango22]

The only thing I don't like about them using 2nd class is it can take 4 days to get to you so if they post if friday night, it gets collected monday, processed monday night and delivered upto 4 days later which takes you back to friday, they give you 14 days to pay their blackmail from the date of their letter.

 

Everyone that writes to them should forget to put a stamp on the post, they have to pay a surcharge then to recieve it, which is the cost of 2nd class post plus a pound, fill it up with pizza leaflets and other crap to push the thickness up and it will cost them even more, just to get a letter telling them to go and f*** themselves.

[8of9]

Ahhhh the sign of a real good business model and classy firm, sending out important legal documents aka "threats" by second class mail.

 

S.

 

CLASS? They know nothing about class these newcomers!! One of my letters from ACS Law had a white label stuck over the 2nd class Royal Mail Postage Paid printed box on the envelope, and on top of that was stuck a "proper" second class stamp. Now THATS class!!

[Mattyhatty]

has anyone on this thread actually paid yet?

 

From thorough reading i have seen about two people on here admitting guilt. If they paid or not, i dont know.

 

I wouldnt even worry about IP adds and having several or mix n matches with what your computer states it to be at this moment in time. Its far from being the best defence. The mere cheek that they can just accuse 1) without knowing who downloaded it apart from accusing the account holder and 2) even knowing where the alleged file is hold a great defence in court.

 

'' The account holder downloaded this song my honour ''

'' Where is the alleged file? ''

'' The what? ''

'' Where IS the alleged file? ''

'' Oh its some where, not sure... but somewhere... but honest they did do it''

 

 

This is no different to a pool party, someone pooing in the pool, and the host - even though theyve popped out to get some more ice - being accused of the dirty act.

[demoneq]

Sample Letter of Denial

 

 

ACS:LAW

Andrew J Crossley

20 Hanover Sq,

London,

W1S 1JY

 

(insert date)

 

RE: Letter of Claim Dated (insert date) concerning “(insert file in question as mentioned in the letter)” (“The Work”)

 

Dear Sir,

 

I am writing in reply to your letter of claim dated (insert date) stating that my connection was used in an infringement of copyright, using peer to peer networks which allegedly occurred on the date (insert date) and concerns the work “(insert file in question as mentioned in the letter)” (“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 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.

 

 

Yours Faithfully

 

(Your name)

 

Hi

I send this denial letter and after 2 weeks they send me another letter , what now? They still want money.

 

[ATTACH=CONFIG]20862[/ATTACH][ATTACH=CONFIG]20863[/ATTACH]

[demoneq]

Sample Letter of Denial

 

 

ACS:LAW

Andrew J Crossley

20 Hanover Sq,

London,

W1S 1JY

 

(insert date)

 

RE: Letter of Claim Dated (insert date) concerning “(insert file in question as mentioned in the letter)” (“The Work”)

 

Dear Sir,

 

I am writing in reply to your letter of claim dated (insert date) stating that my connection was used in an infringement of copyright, using peer to peer networks which allegedly occurred on the date (insert date) and concerns the work “(insert file in question as mentioned in the letter)” (“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 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.

 

 

Yours Faithfully

 

(Your name)

 

Hi

I send this denial letter and after 2 weeks they send me another letter and still want money, what now?

Please help.

 

 

http://img704.imageshack.us/img704/78/acs1.jpg

http://img838.imageshack.us/img838/1172/acs2.jpg

[demoneq]

Sorry for doubled post

[kilotango22]

Hi

I send this denial letter and after 2 weeks they send me another letter and still want money, what now?

Please help.

 

[ATTACH=CONFIG]20867[/ATTACH][ATTACH=CONFIG]20868[/ATTACH]

 

 

 

http://img704.imageshack.us/img704/78/acs1.jpg

http://img838.imageshack.us/img838/1172/acs2.jpg

 

Legally, as far as I am aware, you have done all you need to do to satisfy the rules of pre action protocol, you can now ignore them until you receive a court summons (which you won't get) or you can write again denying it again and just add you will not respond again. Bare in mind, you will get a 3rd letter and a 4th perhaps, they just want to break you. Stick to your guns.