OMG!!! Infringement of Copyright Letter

dmg24

There is some good advice here, I would not bother with contacting a sol in case you want to incur costs.

Write to ACS, and write to the SRA. The former are already under investigation, hopefully the SRA will take action to curb their tactics in the near future.

globalds

Did you have to sign for the letter , or was it just part of your standard post ?

Optimist

Well if you seeing a solicitor then be guided by them, but you could consider a complaint to the Solicitors Regulation Authority as well.

Whatever, these people depend on the response you have already given with the OMG they want you to panic so dont !

Equaliser123

Optimist wrote: »

Well if you seeing a solicitor then be guided by them, but you could consider a complaint to the Solicitors Regulation Authority as well.

Whatever, these people depend on the response you have already given with the OMG they want you to panic so dont !

SRA won't want to know as OP is not a client.

OP - as others have said, respond with a denial. Even if they have evidence, then their loss would be minimal. Damages would equate to the lost revenue from the unlawful download. Less than a tenner for a whole CD.

hb1000

I did not have to sign for the letter, it was just sent in the normal post.

I will be taking on all advice given and writing to them tomorrow!!

What boils my blood is that they have included a statement that you have to sign and date (oh and not forgetting enclosing £295) and then it states.....IF THE INFRINGING ACT WAS COMMITTED BY A MINOR, HE OR SHE SHOULD STILL SIGN THE UNDERTAKING.

I am by no means a walk over but some people would just totally brick it and cough up the money. Basically a nice little earner for ACS:Law!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Optimist

Equaliser123 wrote: »

SRA won't want to know as OP is not a client.

OP - as others have said, respond with a denial. Even if they have evidence, then their loss would be minimal. Damages would equate to the lost revenue from the unlawful download. Less than a tenner for a whole CD.

I suggested the SRA as they are already investigating ACS Law

BargainGalore

How can they prove who its is? I could very well be some one near your house download from laptop if you have a insecure wireless connection

Its one thing proving it was via your connection via IP address that's assuming you have a static IP address as most people have a dynamic IP address which changes each time router is switched on so they need date/time

Also to get your details, ISP's will not hand this information out but would rather warn you that they received a letter normally

sarahg1969

http://www.acs-law.org.uk/index.php?option=com_content&view=article&id=81:andrew-crossley-responds-to-criticisms&catid=1:latest-news&Itemid=50

http://www.pcadvisor.co.uk/news/index.cfm?newsid=3211189

http://www.whatdotheyknow.com/request/number_of_complaints_about_andre

http://forums.theregister.co.uk/post/680599

http://en.wikipedia.org/wiki/ACS:Law

hb1000

I have just actually found out that I have a dynamic IP address so it does actually constantly change.

The court order in the letter was to make the likes of Sky, BT, O2 etc hand out the names and information of the downloads.

So my name has been given (however there is no way I have downloaded the song).

I have had quite a few problems with my laptop...something called trojan last year which I had to try to sort out security and stuff.

There has obviously been times when my connection has been unsecure and I suppose anyone walking past could have used my connection with even a iphone (am I correct).

I have checked out the ACS Law website and it is just unreal!!!! It is just all about copyright law and how 80% of people receiving the same letter as me just simply pay up!!!!!!

globalds

If it were me I would just let it run for a little longer before I did anything.

From the web site

I have been operating the file sharing litigation aspect of my practice for a year now. I would like to counter five commonly held misconceptions about what my firm does

1. It is said I accuse individuals of infringement of copyright in my initial letters. This is not true. I make an enquiry of the recipient of my initial letter following receipt of evidence that their internet connection was utilized for the purposes of infringing copyright of our clients (or their licensors’ copyright, as appropriate);
2. It is suggested that I accuse people of downloading. This is not true. I state that the internet connection was used to make the copyrighted work we are concerned about available to others (in other words, uploading, not downloading)
3. I am accused of demanding payment in my initial letters of claim. This is not true. The recipient of the letter of claim is afforded the opportunity if they wish to close the matter off and avoid the issue continuing by entering into a compromise agreement to bring the matter to an end. They are under no compulsion or obligation to do this and the compromise agreement is an entirely voluntary process;
4. It is said our data collected is inaccurate and cannot be relied on as sufficient evidence to pursue a claim. This is not true. The data suppliers we use have all separately and independently been assessed and monitored to determine their accuracy and integrity of data captured. Reports by independent experts are produced and made available to court in advance of our application for disclosure and on each occasion so far the court has felt able to grant our applications, with these reports in mind. The only known and cited example of data being “wrong’ is that of the Murdochs (a Davenport Lyons matter). In fact there was no error with the data captured, but an error by an ISP in giving the wrong name to the law firm; and
5. It is suggested that I never issue any claims. This is not true. It is fair and correct to say that I try to avoid litigation wherever possible and exhaust all other avenues falling short of litigation prior to proceedings being issued (open offers of settlement, extensive correspondence, CPR Part 36 offers, final warning letters and so on), but proceedings have been and will continue to be issued in appropriate cases. Litigation has always been the final option in the processes I invoke on behalf of my clients and the number and frequency of such actions is shortly to increase significantly. However, each case will be assessed on its individual merits before a decision is taken to issue proceedings.

Andrew J. Crossley
1st May 2010

It appears he himself is saying no demand has yet been made ..

http://www.acs-law.org.uk/index.php?option=com_content&view=article&id=81:andrew-crossley-responds-to-criticisms&catid=1:latest-news&Itemid=50