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

[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.

[the_shadow]

hi have this company actually gone to court and obtained a order for the data from the telecoms industry ?

 

If you mean have they gone to the courts to force the ISP's into providing the matchup of who was using the IP address at the time the download occurred then Yes, hence the letters and the fact they have posted up proceedings in those court applications on their website.

 

S.

[the_shadow]

PS, can someone remind me how i can find what my ip address to see if any pcs match the one on letter

 

In windows Open up a dos window and type in IPCONFIG

 

S.

[the_shadow]

it's like i keep saying they have your IP address... that don't meen any thing as an IP address can be faked or any IP softwere can change it... the only way they can do any thing is be takeing your hard disk drive and testing it but still after 1 year most pep's have a new PC so it's going to end up having a new hard disk drive i know i dont have the same one i'm all way updating my PC all the time i get about 3 new one's a year so lets hope they dont send me a letter becuase i'll phone them and tell them were to get off big time lol

 

Or if people have done a few simple PC cleanup routines it would be hard if not impossible to find evidence....

 

such as deleting the file, clearing out recycle bin regularly, deleting all internet explorer temp cache.

 

Then the extra's like deleting the hidden internet explorer history files that record every site you visit, and running a defrag on the hard drive regularly to move all old file parts around.

 

S.

[the_shadow]

that dont work the only way of any files being rid of off your HD for ever is not to bin them or format then but a KILLDISC softwere or go to the western digital web site and get any Data Lifeguard Tools and there is kill disk softwere on that the softwere works be reseting the disk to defult and writes all 0's on the to the disk this softwere will work on on hard disk drive BUT by doing this you will have a total loss of all files so if there is any thing you want to keep back it up

 

Trust me... you do the defrag regularly and it does random the filespace as it overwrites gaps when it moves data.

 

S.

[the_shadow]

Not quite true - depending on your setup that may only give you the local IP - ie. the IP assigned by your router (if you have one).

 

Try What's My IP Address? Your IP is

 

Yep your right, thinking about it thats only going to give you the local IP from your routers DHCP table. Far better to logon to the router config and see what the IP address the ISP has given you or to use remote software to see it as you've given above.

 

rep added.

 

S.

[the_shadow]

That would work for prying eyes, but if any enforcement agency were to get hold of the disk that wouldn't be enough. "Deleting" files merely marks the space they occupy as free, the data remains and can easily be recovered (unless it is heavily and completely overwritten). It is possible to zero fill the space, but that is not necessarily for novices.

 

Correct, there are a few utilities out there that will Zero fill the index.dat files securely to DoD level prior to delete.

 

S.

[the_shadow]

I just hope that each & every person who has paid up takes them to court to get their money back

 

Unfortunately unless someone gets this in the popular press most who have paid will never realise

 

S.

[the_shadow]

Each & everyone of us need to make every newspaper aware of this

 

Trouble is I think you'd need to be in receipt of the letter to get any impact out of it... unfortunately or fortunately I'm not a recipient.

 

S.

[the_shadow]

I havent had 1 of their letters either...

But everyone who has needs to forward a copy on to the press

 

Need to target a paper imho and it needs to be one that picks up on consumer items regularly

 

S.

[the_shadow]

We note the response you have given matches a template response that is available on the Internet.

 

 

 

Something along the lines of...

 

I note your reference to template letters, need I remind you that the letter you initially sent me appears to match a template letter you yourselves sent to possibly thousands of people, therefore I consider this some sort of fishing excercise on your clients behalf.

 

Until you provide me with some sort of proof of this alleged offence I cannot comment further than to deny all your allegations at this time.

 

S.

[the_shadow]

It takes time for them to come up with an excuse as to why they won't be taking any action

 

OFT only take a couple of days to state that in reply to email complaints They must be better at it

 

S.

[the_shadow]

I have just recieved a reply from SRA this morning,in it they state that they wil not be investigating as a single case but will be conducting an investigation that encompasses all the reulatory issues raised.

 

Hmm sounds like the number of complaints was sufficient then Wonder how long their investigations normally take?

 

S.

[the_shadow]

Remember that, should it get to Court, you need to be seen to have been reasonable in the circumstances. I suggest anyone effected by this takes their individual response to this, what seems automated, process very seriously - that could mean starting a new thread and providing a link to it here.

 

Please don't get carried along by the "this won't happen" theory, as this is an accusation against you, not the individuals posting those theories.

 

Sound advice as always

 

S.

[the_shadow]

Virgin Media was onto this a long time ago-and their terms and conditions state it.

No suprises given Bransons interests in music publishing and communications.

Yet interesting to see Talk Talk voicing their disagreement that internet providers should be Policing it-what can the motivation be behind that ??

 

Cost of implementing and monitoring not to mention the possible risk of being sued as a party to the downloading perhaps?

 

S.

[the_shadow]

The login (I assume you mean IP address) isnt router dependant. Sky (like others) don't use a static IP address, it will hand you an IP address when you login, 99% of the time this will stay the same, but may change should you reset the router, etc. I assume that all ISPs keep a database of IP addy's handed out, but how far back it goes and how accurate it is is anyones guess !

 

This might be superceded now but back in 2001 the MINIMUM was:-

 

“Retention of communications data under part 11: Anti-Terrorism, Crime & Security Act 2001“

 

The code provides for the following retention time periods:

 

• SMS, EMS and MMS: Data retention period 6 months.
  
• Email: Data retention period 6 months
  
• ISP: Data retention period 6 months
  
• Web Activity Logs: Data Retention period 4 days
  

The following data is required to be stored for the retention times mentioned above:

SMS, EMS and MMS: Calling number, IMEI – Called number, IMEI – Date and time of sending – Delivery receipt – if available – Location data when messages sent and received, in form of lat/long reference.

Email: Log-on (authentication user name, date and time of log-in/log-off, IP address logged-in from) – sent email (authentication user name, from/to/cc email addresses, date and time sent) – received email (authentication user name, from/to email addresses, date and time received)

ISP: Log-on (authentication user name, date and time of log-in/log-off, IP address assigned, Dial-up: CLI and number dialed, Always-on: ADSL end point/MAC address (If available)

Web Activity Logs: Proxy server logs (date/time, IP address used, URL’s visited, services)

S.

[the_shadow]

No, I mean your modems login details . You enter details to get your modem to connect to the ISP. Well, on sky, those details aren't specific to the user, they are specific to the modem . If they identify that particular modem to have been assigned that IP address at that particular time , they are going by its login details/mac code . Therefore they must have some database that says they gave you that particular modem with that particular mac code/login . Thereby determining the address/name . What if you are like me and are not using the modem as denoted by their database, what if that modem (not in my case , i still have it) is sold on ebay and some other person is using the modem that has the mac code apparently assigned to you.

 

By the way, to the sky person. I'm keeping my non sky provided router . It adjusts the speed dependent on the sig/noise ratio , providing constant connection. I keep the router before the ISP, so bleh)

 

They have the telephone number from which the connection is made (Call Line Identifier).

 

S.

[the_shadow]

 

Miss K Rekhi (Clerk to Judge Fysh)

Room SD306A

St Dunstens House

133-137 Fetter Lane

London

EC4A 1BT

 

About Judge Fysh (2007 CV):

 

http://www.ficpi.org/library/08FlorenceForum/CV-Fysh.pdf

 

 

S.

[the_shadow]

.

 

 

D_arkTrooper,

 

You need to create your own thread in the legal forum for this as you'll need to separate it from this thread which is general responses to the ACS letters.

 

If you post up the POC then people can help and advise on a response and the next steps with this claim.

 

S.

Edited September 11, 2009 by the_shadow

[the_shadow]

Just a thought, perhaps the SRA lady was saying don't reply to any correspondence from ACS, she was not saying don't reply to a court claim, as the big brown envelope would not come from ACS, but the County Court.

 

I dont think thats strictly true, a court claim can be Returned to the claimant for serving on the defendant if memory serves me correct. It has to have a court stamp on it but it doesnt have to be sent by the court.

 

Not sure what there usual method is but just wanted to state all correspondence needs looking at... despite who sent it.

 

S.

[the_shadow]

Well, one poster did say he had a POC but has dropped of the radar ever since:?::?:

 

David

 

Yep... I suggested to them that they start a thread in the legal section to get the maximum help, not seen anything yet so do question how real these claims are.

 

S.

[the_shadow]

He was talking about legal proceedings in his posts.

 

... and then disappeared when the Site team and others offered to help with the defence....

 

strange that.

 

S. (suspicious nature)

[the_shadow]

From beeb site today

 

BBC News - Lawyers target thousands of 'illegal' file-sharers

 

 

Lawyers target thousands of 'illegal' file-sharers

 

 

 

new "accusation" letters to be sent out in Jan 2010

 

S.

[the_shadow]

Oi..we are all huge Scooter fans here you know ! *gazes longingly at my Scooter poster of the teutonic twosome*

 

If you claim that youy didnt have this track on your PC and available for download then either, your PC had been hi-jacked, prob unlikely and you'd quite easily notice, your wifi connection had been hi-jacked, more probable or ACS/Digiprotect have cocked up and wrongly identified you, this last one is the most likely.

 

Andy

 

.....Or the ISP's records of who had that specific IP address at that specific date/time were wrong.

 

S.