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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; Dear 48,500 members. Has anyone received a letter accusing them of illegal filesharing ? What have you done about it? ...

    1. #1
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      ACS Law. Gallant McMillan. Illegal Filesharing

      Dear 48,500 members.

      Has anyone received a letter accusing them of illegal filesharing ?

      What have you done about it?

      I cant believe that there is hardly a mention of this on the forum considering that Sky have "sold" any alleged offenders names and addresses to ACS Law & Gallant McMillan.


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    3. #2
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      Re: ACS Law. Gallant McMillan. Illegal Filesharing

      Noone on this forum illegally shares files. Coz we are good peeps.


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      Re: ACS Law. Gallant McMillan. Illegal Filesharing

      Quote Originally Posted by 8of9 View Post
      Dear 48,500 members.

      Has anyone received a letter accusing them of illegal filesharing ?

      What have you done about it?

      I cant believe that there is hardly a mention of this on the forum considering that Sky have "sold" any alleged offenders names and addresses to ACS Law & Gallant McMillan.
      Sky will only provide your details to a law company as a result of a court case. Unless told to by the courts, Sky will not give your information to any company.

      Also, they do not sell the information. It will have been provided free, to assist with the investigation of the case.

      But, like I said, there needs to be a court case first, and Sky only provide the details if the ruling is right.

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      Re: ACS Law. Gallant McMillan. Illegal Filesharing

      Sky have already released information to both ACS and Gallant, they have no choice but to do so.

    6. #5
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      Re: ACS Law. Gallant McMillan. Illegal Filesharing

      Thread moved to a more appropriate Section.

      I cant believe that there is hardly a mention of this on the forum considering that Sky have "sold" any alleged offenders names and addresses to ACS Law & Gallant McMillan.
      Can you quote a official source for this assertion?

      TomD


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      Re: ACS Law. Gallant McMillan. Illegal Filesharing

      Quote Originally Posted by indefatigable View Post
      Sky will only provide your details to a law company as a result of a court case. Unless told to by the courts, Sky will not give your information to any company.

      Also, they do not sell the information. It will have been provided free, to assist with the investigation of the case.

      But, like I said, there needs to be a court case first, and Sky only provide the details if the ruling is right.
      Sky provide your details when they receive a court order called a Norwich Pharmacal Order(NPO). This is based on data supplied by Logistep, a company whose methods have been banned in Germany, Italy and even their home country of Switzerland.
      The NPO is granted to the applicant with the genuine intention of commencing court proceedings. To date there have been NONE.
      Most of the other ISP's charge for the information, why should Sky any different. They would not answer when I asked them if they did charge, can it be confirmed that they dont charge?
      They do not assist in the investigation of the case because there is no investigation and there is no case. You are presumed guilty based on the data supplied by an unproven source, and you dont get the chance to defend yourself.

      The ISP's are given the opportunity to say that they will contest the NPO, and therefore the collection method, before it is applied for. Only TalkTalk do this so their customers do not appear in the application.

      This is basically a scam which even the Digital Economy Act will not stop. The ISP's could stop it but they dont. WHY??

      As there are no peeps who illegally download maybe you could be the innocent recipient of a claim, of which there have been many.

      Have a look whats going on.......

      Plusnet will give your personal details to ACS Law with not informing you!! | Community Site
      ACS:Law copyright file sharing claims, Gallant Macmillan - and probably some others along the way...
      Slyck.com • View topic - The official ACS:LAW/Davenport-Lyons lawsuit discussion
      http://beingthreatened.yolasite.com/info.php

    8. #7
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      Re: ACS Law. Gallant McMillan. Illegal Filesharing

      Hi 8of9

      I have been following this saga all over the internet.

      I fully understand what you are saying, and if Sky are charging ACS for providing the details of subscribers, then good for them. I believe Plusnet have been handing the details over for free.

      It takes time for staff to check IP addresses and details of users against historical records and if Sky charged ACS or Gallant 50 a pop to provide the details, then both them companies may think twice about it, hence the low number of people speaking out on here.

      One thing is for sure, I do believe it is a scam though, and if you are innocent, then it is apparently difficult to prove that unless you use your own words and not a template letter.

      For the record, I totally despise what ACS and Gallant are doing, but all Sky are doing is following a court order, and hopefully, making a lot of money out of ACS and Gallant, for the hassle that the court order has generated.

      It's not Sky or any other ISP that are wrong, it's the ambulance chasers, sending out the demands for money. Granted some ISPs could challenge ACS and Gallant on the actual number of cases being brought before the courts. But you are probably already aware, that Plusnet won't even get off their backsides to do so. Therefore any other ISP will just take the money for providing the details, as they have to anyway.
      ~ Never, ever, argue with an idiot. They'll drag you down to their level and beat you with experience ~

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      Re: ACS Law. Gallant McMillan. Illegal Filesharing

      Quote Originally Posted by NewsreadeR View Post
      Hi 8of9

      I have been following this saga all over the internet.

      I fully understand what you are saying, and if Sky are charging ACS for providing the details of subscribers, then good for them. I believe Plusnet have been handing the details over for free.

      It takes time for staff to check IP addresses and details of users against historical records and if Sky charged ACS or Gallant 50 a pop to provide the details, then both them companies may think twice about it, hence the low number of people speaking out on here.

      One thing is for sure, I do believe it is a scam though, and if you are innocent, then it is apparently difficult to prove that unless you use your own words and not a template letter.

      For the record, I totally despise what ACS and Gallant are doing, but all Sky are doing is following a court order, and hopefully, making a lot of money out of ACS and Gallant, for the hassle that the court order has generated.

      It's not Sky or any other ISP that are wrong, it's the ambulance chasers, sending out the demands for money. Granted some ISPs could challenge ACS and Gallant on the actual number of cases being brought before the courts. But you are probably already aware, that Plusnet won't even get off their backsides to do so. Therefore any other ISP will just take the money for providing the details, as they have to anyway.
      Thanks for that reply NewsreadeR
      There's a lot of speculation over whether ISP's are charging or not. Even Plusnet, who have an opportunity to challenge the use that the court order is being put to, have not officially revealed if they do or not. I agree that it takes time for staff to check IP addresses etc, but I would rather that the ISP's charge MORE for the information to make ACS Law be certain that their information is correct and not go about this with a 'scattergun' strategy. This Strategy has landed Andrew Crossley (and Davenport Lyons before him) with an appearance before the Solicitors Disciplinary Tribunal.
      I agree that it is not the ISP's who are at fault here, they are stuck in the middle, with some having conflicts of interest. TalkTalk, however, wont subject their customers to these bullying tactics and refuse to co-operate. They say they will challenge any court order so their customers are ignored when the court order is applied for. If all the ISP's were to do this it would force the controversial data collection methods used by ACS Law to be examined before a Judge
      It is good that the ISP's are making money out of this but it is at the expense of the customer especially innocent people targetted because of the innaccuracies in the data.
      It is interesting to read the responses from some of the ISP's to Ofcoms questionaire about the DEA. Many are suggesting that the Data Collection methods need to be subject to examination. They obviously doubt the data.

      Summary of Key Replys to Ofcoms UK Draft Illegal Internet File Sharing ISP Code − ISPreview UK


      It is criminal that this is allowed to continue. Even the Digital Economy Act in its present form wont stop this, as the NPO is not included in the act and therefore can still be used by the 'ambulance chasers'.
      It is painful to see Plusnet 'sitting on their backsides' but just because they do it does not make it right to do nothing and 'take the money'
      However it comes about, someone must challenge the data as ACS Law will not take the risk of taking anyone to court, as the NPO requires, because then its accuracy will be tested

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      Re: ACS Law. Gallant McMillan. Illegal Filesharing

      TalkTalk, however, wont subject their customers to these bullying tactics and refuse to co-operate.
      They seem to have double standards. They won't subject their users to the court order, but they will subject their users to the using of their own customer's private data.

      Information Commissioner reprimands Talk Talk - Telegraph

      All that will happen is, those who do download, and let's not beat about the bush, hundreds of thousands of people are guilty of this, then they will eventually go to TalkTalk or STalkSTalk as others are now affectionately calling them.

      There's a lot of speculation over whether ISP's are charging or not
      If the ISP is not charging, they missed a trick.

      but I would rather that the ISP's charge MORE for the information to make ACS Law be certain that their information is correct and not go about this with a 'scattergun' strategy.
      Totally agree, they should overcharge ACS / Gallant to make it less attractive to them.

      This Strategy has landed Andrew Crossley (and Davenport Lyons before him) with an appearance before the Solicitors Disciplinary Tribunal.
      However, that could be years away yet.

      If all the ISP's were to do this it would force the controversial data collection methods used by ACS Law to be examined before a Judge
      Would it not cost an ISP thousands for a barrister to contest?

      If it is free to apply legal arguements then I agree, but why should an ISP have to pay, to defend what is realistically happening.

      The data maybe flawed, but I strongly believe, a lot of customers for any ISP are downloading illegally. Granted the majority are probably not, but in all honesty, I do not know anyone who hasn't actually downloaded an MP3, or the latest blockbuster film at the time, piracy is rife.

      Yes, in the same arguement many thousands of people are innocent, but only because the colllection methods are wrong, or the IP address faked etc - I do not believe it is upto the ISP to police this, they are merely a conduit, or a route to the internet.

      It is painful to see Plusnet 'sitting on their backsides' but just because they do it does not make it right to do nothing and 'take the money'
      From someone who used to be with Plusnet, I would expect nothing less, when they were around in 1998, they were a decent company. Unfortunately now, they are owned by BT. Plusnet are puppets in this matter and would do what their master tells them to do. All that will happen, is that Plusnet would now start charging ACS / Gallant for the data they have been giving away freely for however long.

      The only people that I feel sorry for are those that have genuinely been wrongly accused.

      Reading numerous forums, a hell of a lot of people are wrongly accused, but then again, on the other side of the coin, you see comments like,

      "I only downloaded the MOS album to see if I would like it, and if I did, I would have bought it, do I now send a LOD?"

      Let's face it, if you really wanted to listen to that album before you bought it, you could just as easily go to YouTube, and hear the relevant song FOC and risk free.

      Some people have been caught out but are playing on the inaccuracies that ACS and Gallant have produced. People always want something for free, and then they cry foul once caught stealing.

      That's life, it's happening now, it happened 500 years ago, and I guarantee that it will still happen in 100's of years from now.
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      Re: ACS Law. Gallant McMillan. Illegal Filesharing

      Yes, in the same arguement many thousands of people are innocent, but only because the colllection methods are wrong, or the IP address faked etc - I do not believe it is upto the ISP to police this, they are merely a conduit, or a route to the internet.
      I agree that it is not up to the ISP to "police" the internet but who else can do it? They are not merely a conduit to the internet, they are providing a service and as such must face up to their responsibilities.The DEA requires them to do it, and as you state that the collection methods are wrong, its in their own interest to challenge this data now. How else can this be policed.
      It would probably be cheaper to challenge the NPO than it would be to develop Software and Protocols which would accurately identify illegal filesharing.
      If the DEA is to work then Quality Assured software will be needed.

      They seem to have double standards. They won't subject their users to the court order, but they will subject their users to the using of their own customer's private data.
      Let them without sin cast the first stone

      Some people have been caught out but are playing on the inaccuracies that ACS and Gallant have produced. People always want something for free, and then they cry foul once caught stealing.

      That's life, it's happening now, it happened 500 years ago, and I guarantee that it will still happen in 100's of years from now.

      Yes that's life. People always want things for free. But 500 years ago, how did the law deal with a thief. Did they hang them just because someone said they did it?
      Today, is someone convicted of stealing because another person said they did?
      There has to be Evidence.
      In UK law you are innocent until proven guilty.
      No one as yet has been proven guilty.

     

     
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