OMG!!! Infringement of Copyright Letter

jimbms

One easy solution is that if you can be proven to have an unsecured wireless router which it is not illegal to do and at worst incurs a non compliance in your ISP's terms and conditions, then they cannot prove who downloaded the track nor hold an account holder liable as it is on an open public connection, the same as a coffee shop connection in fact. This I believe has occured in many of these cases where it has been proven a neighbour could have used an insecure connection.

AndyAndyAndy

Well to put it as bluntly as possible I've done a bit of fishing through the links posted above and they lead me to one that wasn't posted. This thread on Slyck.com upset ACS to the point they threatened them with legal action :rotfl: How funny! I realise that receiving a letter from a solicitor for you isn't funny however so point out some facts:

I have seen no one been taken to court from this

ACS admit the only cases they have successfully "fought" have been won by default due to the other party not attending the court
(not in contradiction to the above fact as I believe it was for a matter other than alleged copyright infringements detected by unreliable IP detection)

This is not fact but more a question I feel anyone with a reasonable grasp of the internet should be able to answer:

The IP address has lead to them finding the address of the person registered with the ISP (Internet service provider) basically whoever pays the bill. If this is the case how can ACS hope to prove it more likely than not (or if criminal proceedings, beyond reasonable doubt) that it was the person who pays for the internet that downloaded the file?

Hopefully that helps you somewhat.

AndyAndyAndy

I should add THIS LINK, it is a website set up specifically to deal with this issue (and a very similar one by a solicitor firm called Davenport Lyons) it has template letters to reply to ACS with, information and advice. It is in a very simple step by step format if you click the "enter the portal for new recipients" link

rev_henry

I'd just ignore the letter. These methods that these 'solicitor's' outfits use to track people down are hideously unreliable, and have been known to send such letters to PRINTERS (i.e. an IP address of a printer...). They have no evidence.

AndyAndyAndy

In response to rev_henry, although ignoring the letter is an option, the letter is legal and part of the pre action protocol required by the courts before a case can potentially be submitted to them under the copyright infringement laws. By almost all accounts you are advised not to ignore the letter although it is an option if you choose to take it. The recommended course of action if you are innocent is to use the template on the same site to help you create a Letter of Denial. Which will also uphold your end of the Pre action protocol. Although I still stress ACS have never been known to have taken anyone to the court in relation to these alleged offenses

ratts

i had one of these letters back in early 2007 by a firm called davenport lyons saying i downloaded a game which i didnt..

after about 7 or 8 letters of them accusing me of the infringement and me writing back refuting there claim they gave up ....

then acs law took over sending out these threatening letters..

my suggestion is dont ignore them but write to them denying the infringment...

here is a link for all the help and infomation you need ....

http://beingthreatened.yolasite.com/

rev_henry

ratts wrote: »

i had one of these letters back in early 2007 by a firm called davenport lyons saying i downloaded a game which i didnt..

after about 7 or 8 letters of them accusing me of the infringement and me writing back refuting there claim they gave up ....

then acs law took over sending out these threatening letters..

my suggestion is dont ignore them but write to them denying the infringment...

here is a link for all the help and infomation you need ....

http://beingthreatened.yolasite.com/

I think that firm were on Watchdog (or similar) back then.
Ah I didn't know about that Andy.

forgotmyname

DO NOT PAY THEM A PENNY.

If you do you are likely to get another one sooner or later.

Either ignore it or send a I DIDNT DO IT letter back. Then ignore all future letters.

ACS took over from Davenport Lyons after they got featured on watchdog.

ASC law read & post on a lot of web forums, Either giving advice saying to pay up
or asking for help & saying what a great company they are.

Another website.. http://www.slyck.com/forums/viewtopic.php?t=44092

ShaneUK

Don't waste money on a solicitor. But do get legal advice. There are many ways that you can get it for free, depending on financial products you own, but top of my head, three ways could be

• House insurance may have something
• Car insurance may have something
• Travel insurance even
• Do you have Private Medical Insurance (ie AXA PPP, BUPA etc)
• Do you have a "pay for" bank account (ie Barclays Additions)

There may also be further options whereby you can get free legal advice. If none of these options are available to you, try CAB - but going to a solicitor could get expensive for you!

Lip_Stick

I remember years ago getting a letter from a company saying I'd downloaded a Metallica song via Kazaa, I think it was. It made me laugh, because Metallica was probably the only artist I hadn't downloaded. Can't stand um!:rotfl: