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    ACS Law. Gallant McMillan. Illegal Filesharing

    This is a discussion on ACS Law. Gallant McMillan. Illegal Filesharing within the P2P / File sharing forums, part of the General chat category; @8of9 I don't diagree with you overall POV I just don't see why the ISP has to do all the ...

    1. #11
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      Re: ACS Law. Gallant McMillan. Illegal Filesharing

      @8of9

      I don't diagree with you overall POV

      I just don't see why the ISP has to do all the work, and if they do, they do it for free.

      Companies like ACS / Gallant are vermin, they are scavenging for an income through fear. Are they right to do this? No I don't believe they are.

      But... Reading the on the internet, some people are quite obviously guilty, yet they are trying to find a way of getting out of it. It's like someone who is caught by a camera speeding, and then asking, is there anyway I can get out of this?

      I, like hundreds of thousands of others, am a law abiding citizen, what annoys me the most is those that break the law and then try to use devious methods / excuses to get away with it.

      Don't get me wrong, if you are innocent, then it shouldn't be such a bind to overturn what you have been accused of, my point is, I don't believe that so many people are innocent though. Like I said earlier, I do not know anyone who has not broken the law at some point. Do you?

      edit: Copyright law is not like criminal law, there is a burden of proof on you to prove that you didn't commit the offence. And this can cost hundreds of thousands of pounds. This is what they are playing on.




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    3. #12
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      Re: ACS Law. Gallant McMillan. Illegal Filesharing

      HM GOVERNMENT RESPONSE TO THE CONSULTATION ON ONLINE INFRINGEMENT OF COPYRIGHT (INITIAL OBLIGATIONS) COST SHARING

      http://www.bis.gov.uk/assets/biscore...nment-response

      TalkTalk's reaction on Cost Sharing

      TalkTalk criticises Digital Economy Act costs ruling | The TalkTalk Blog

      It is human nature to try to find a way of "getting out of it". You don't have to look too deeply into UK law to find instances of people "getting away with it" on technicalities or inaccuracies. Many people who were caught speeding by a camera successfully appealed the charge by challenging the calibration records of the camera and therefore casting into doubt the accuracy of the data. Some were obviously guilty others may not have been. Unless the data is accurate then there will always be the element of doubt.
      If the burden of proof is on the alleged infringer how can they possibly defend themselves if the data being used to accuse them is possibly flawed. Yes it could potentially cost hundreds of thousands to defend if it were to go to court, but as yet no one has been taken to court. The threat of court action is indeed what they are playing on for people to pay up. As I have said before, if they go to court it will open up their methods to scrutiny, and they don't want that.

      Bearing in mind what Ofcom are proposing it would be in the ISP's own interest to address the data collection methods (and NPO issues), NOW.
      Last edited by 8of9; 15-09-10 at 11:37 PM.

    4. #13
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      Re: ACS Law. Gallant McMillan. Illegal Filesharing

      Like I said I don't disagree with your POV

      From experience, copyright law is totally different. I was advised to settle (or try to) before I had to pay for a Barrister to argue my innocence.

      If the burden of proof is on the alleged infringer how can they possibly defend themselves if the data being used to accuse them is possibly flawed.
      Totally agree, however if it is in the High Court, you couldn't afford a Barrister to prove your innocence and that the data is flawed.

      What we need to combat this, is one of those companies that would represent on a no win no fee basis, as there is no way, anyone if taken to court could pay to defend themselves or indeed prove their innocence.

      For the record, I don't disagree with downloading, everyone takes their own risks and if they get caught they get caught. That has nothing to do with me.

      I just know that not all of the data is flawed and that some of those accused are actually in fact guilty, and then trying to get away with it. I read on another forum, someone who actually admitted it and also got a letter, which proves that some of the data is not flawed.

      As for STalkSTalk I wouldn't trust them as far as I could throw them. After their recent escapade, they have no credibility whatsoever. They can say what they want to try and get customers, but it don't wash with me.

      Once I have read the links you have given, I will comment on them.

      I ain't against you btw so don't think that I am. We just have different views.




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    5. #14
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      Re: ACS Law. Gallant McMillan. Illegal Filesharing

      I ain't against you btw so don't think that I am. We just have different views.
      Nor I you. But we do have some similar views.

      I think that the only sure way to solve this is to have accurate data. It would remove any element of doubt....wouldn't it?

    6. #15
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      Re: ACS Law. Gallant McMillan. Illegal Filesharing

      Quote Originally Posted by 8of9 View Post
      Nor I you. But we do have some similar views.

      I think that the only sure way to solve this is to have accurate data. It would remove any element of doubt....wouldn't it?

      There is no way of 100% accurate data, unless places like TPB stop putting false IPs into the equation.

      2 things imho will stop this.

      1) People stop downloading illegal material (this ain't going to happen)
      2) People like ACS are legally stopped from pursuing, until they have 100% reliable evidence (this ain't going to happen either)

      Until such time as accurate data is here, then no one should have to go through the accuations, and as I said all along, it's the genuinely innocent people that I feel sorry for.

      However not all of the rediculous demands for monies are being sent to just innocent people, it's a mix of innocent and guilty. Hopefully the SRA will nip this in the bud.




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    7. #16
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      Re: ACS Law. Gallant McMillan. Illegal Filesharing

      Until such time as accurate data is here, then no one should have to go through the accuations, and as I said all along, it's the genuinely innocent people that I feel sorry for.
      I am in total agreement here, but.....

      Hopefully the SRA will nip this in the bud.
      ..... it will probably be 2 years before ACS Law will appear before the SDT. How many more innocent people will be targetted until then?

      BTW
      There is another NPO application in the offing

      ROOM 7.08
      Before CHIEF MASTER WINEGARTEN
      Monday 20th September 2010

      At half past 2
      Ministry of Sound Recordings Ltd v Plusnet Plc


      Not much chance of it being nipped in the bud !!

    8. #17
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      Re: ACS Law. Gallant McMillan. Illegal Filesharing


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      Re: ACS Law. Gallant McMillan. Illegal Filesharing

      *** Very Important ***


      ACS:Law has inadvertantly disclosed the personal information of every Sky broadband user accused of illegal downloads from the order dated 7/7/10.

      If you have paid them by credit card then your personal details along with your CVV number are available on the internet.

      Contact your bank immediately and cancel the card. Keep an eye out for unusual transactions on your account.

      If you are innocent of any accusations, there are still spreadsheets with the alleged details available for download. I'm reliably informed that this is in excess of 11,000 sky broadband users.

      I think that this breach of confidentiality is serious enough for the admins to put a warning on the main page, as well as Sky to make a comment and contact all customers who may have been effected.

    10. #19
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      Re: ACS Law. Gallant McMillan. Illegal Filesharing

      hopefully the information commissioner will then have a strong word with them as well.
      I'm a PC, and Windows 7 Backup saved my sanity when BitDefender imploded !!!

    11. #20
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      Re: ACS Law. Gallant McMillan. Illegal Filesharing


      TomD


      Please note the views and recommendations in my posts are my own and in no way reflect the views of SkyUser.


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