Solicitors at ACS:Law UK have been caught sending out dubious questionnaires to broadband ISP customers whom they "suspect" of being involved with Consumer magazine Which? has reportedly seen a copy of the questionnaire, which asks alleged p2p abusers to confirm that they are the owner of the internet connection, state whether their Wi-Fi connection is secured or unsecured, state whether they are using file-sharing software and why.
It also asks alleged infringers if they are willing for their computers to undergo forensic analysis. Furthermore respondents are asked to confirm who else is using the wireless internet connection.
Copy of the QuestionnaireSuffice to say that this limits the number of potential excuses that "suspected" pirates could use against ACS:Law as part of their defence. In addition it is for ACS:Law to prove their clients' claims of illegal file-sharing and not for "suspects" to explain why they are innocent.
http://acsbore.wordpress.com/2010/02/05/acs-law-send-out-sinister-questionnaires/
Deborah Prince, Which?'s Head of Legal Affairs, said:
"I think it is outrageous that ACS Law is asking consumers to provide evidence to support the claims that ACS Law is making on their clients' behalf, especially since many of the recipients may not have legal representation. I think its tactics are really underhand here. ACS Law should have all the evidence it needs before making these allegations. If it doesn't, then it shouldn't be asking unrepresented consumers to provide that evidence!
This is just another variation of what we believe is bullying behaviour by ACS Law, who say that by not completing the questionnaire it has no option but to consider people guilty of illegal file sharing and pursue the case in court. Declining to fill in a form does not provide evidence of guilt."
"I think it is outrageous that ACS Law is asking consumers to provide evidence to support the claims that ACS Law is making on their clients' behalf, especially since many of the recipients may not have legal representation. I think its tactics are really underhand here. ACS Law should have all the evidence it needs before making these allegations. If it doesn't, then it shouldn't be asking unrepresented consumers to provide that evidence!
This is just another variation of what we believe is bullying behaviour by ACS Law, who say that by not completing the questionnaire it has no option but to consider people guilty of illegal file sharing and pursue the case in court. Declining to fill in a form does not provide evidence of guilt."
Indeed it's very important to stress, despite what ACS:Law appears to be telling people, that there is no legal obligation for recipients to complete the questionnaire. It's suggested that anyone who receives one of these questionnaires should write to ACS Law restating their innocence, providing such evidence as they can to prove it wasn't them.
They should also explain that they are not willing to complete the questionnaire issued by ACS Law as it is for ACS Law to prove their clients' claims of illegal file-sharing and not for them to explain why they are innocent.
ACS:Law works by tracking public IP addresses on P2P networks before gaining related customer details from broadband ISPs and sending threatening letters to the suspects. The letters typically request several hundred £££ pounds in compensation (Which?'s example letter requested £1,200!) for the act. Those receiving the messages are threatened with court action if they refuse to comply.
Needless to say that ACS:Law is one of several solicitors that have been placed under investigation by the Solicitors Regulatory Authority (SRA) for a practice that many consider to be unreliable, profiteering and bullying.
In related news a new survey by law firm Wiggin asked under 1,600 UK people aged 15-54 if they thought the Digital Economy Act (DEA) would change their behaviour. One third of those questioned admitted to occasionally downloading a copyright file but said that they would not change their behaviour even if broadband account "suspension" is implemented.
UPDATE 28th May 2010
A good summary on the new Wiggin research can be found here:
http://www.musicweek.com/story.asp?sectioncode=1&storycode=1041292&c=1
The report, published by law firm Wiggin and Entertainment Media Research, claims that 44% of those using pirate sites would be willing to pay a small fee each month to continue downloading from the favourite sites - but on a legal basis. Some 29%, however, said they would just migrate to another free online source.
The majority of those polled (59%) stated that £3.00-3.50 was a reasonable price for such a service while 25% were willing to pay up to £14.50 a month.
The majority of those polled (59%) stated that £3.00-3.50 was a reasonable price for such a service while 25% were willing to pay up to £14.50 a month.
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Comments: 8
Al00fyPosted: 27 May, 2010 - 5:14 PM
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"ACS:Law works by tracking pubic IP addresses "
Think you mean Public
timelessPosted: 28 May, 2010 - 12:33 AM
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just goes to show you what lengths the media industry is willing to go in order to get their hands into our wallets even further.. not only do they over charge us for content they now want us to not only pay twice or 10 times as much if found through unreliable methods to of downloaded "copyrighted content" but they also want us to pay to prove our innocence... wonder how much the government is being paid to look the other way...
Stealth_WormPosted: 28 May, 2010 - 11:30 AM
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How many ISP's would hand out customer details anyway?
timelessPosted: 28 May, 2010 - 10:55 PM
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when the laws come into action, then they wont have a choice to be quite honest, after all its either pass over user details or end up in court..
BenGMannPosted: 17 June, 2010 - 12:29 PM
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I download stuff and I am aware that it is illegal to do so.
I listen to it and decide whether it is worth buying.
I buy it and delete the copy (or just delete it).
Before I started downloading, I couldn't tell whether I wanted to buy it so I just didn't buy any CD's (for about 14 years).
Since I started downloading, it's cost me a fortune in updating my music collection.
So I say : "Go ahead and threaten me and I will revert to type and save myself a fortune". It's not as if I haven't got 500+ CD's to listen to, let alone my VHF and Digital Radios.
Music is supposed to make our lives better - not facilitate short-sighted bean-counters who want to threaten us with legal action.
People that share music ilegally are just doing the music industry a favour by acting as their advertising... don't be so myopic!
/rant off
chapman26or mr smithPosted: 15 July, 2010 - 2:23 PM
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iv responded to there infringrment letter a month ago and i havent hered anything back from them yet.they cannot prove a thing ur ip address changes all the time.ur isp give them ur details cause they receved a court letter off them and had no choice to give it to them.sky r full of shit and does not protect its coustmers against people like a.c.s law.acs law r under watch buy the s r a and andrew j crossley is being done for misconduct.so i have left sky and gone with some1 else
flipflopPosted: 28 July, 2010 - 12:51 PM
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acs have been after me for a few years..my isp gave them my details after being taken to court, all isp’s would do the same, virgin, sky, bt etc have all been taken to court by acs.. if you look into the history of acs, they’re more dodgy than Arthur Daily.. these lowlifes make a mockery of the law, twist and manipulate for their own gains and not for what is right or wrong! eventually I got tired of denying the charges and after 5-6 letters I said "come at me again and I’ll take you to court for harassment..." getting fed up with these bullying idiots...they haven’t got a leg to stand on.. apparently I uploaded an album that I’ve never owned!!.. try and bully me out of my money face to face you smug prat and we'll see who’s left standing..but of course all this is my personnal opinion, and in no way can be used against them as slander. You spineless wannabe solicitors!
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