ISPs Doubt Accuracy of Anti-Piracy Evidence
Written by enigmax on June 29, 2009Lawyers ACS:Law and their anti-piracy partners Logistep are currently harassing around 6,000 alleged file-sharers, demanding £665 from each to make threats of legal action go away. In yet another blow to their tenuous claims, ISP association ISPA says that its members are “not confident” that the evidence accurately identifies infringers.
ACS:Law, the outfit that at least appears to have taken over from lawyers Davenport Lyons in chasing alleged uploaders of 2nd rate games on file-sharing networks, have experienced another blow to their credibility. Their ‘evidence’ has been called into doubt yet again – this time by Internet service providers.
The hypocritical law firm – who were recently shown to be copyright infringers themselves – partner with Swiss anti-piracy tracking company Logistep (and another company DigiProtect) in order to demand settlements of around £665. However, time and time again there have been allegations against individuals who have absolutely no idea why they are being accused of copyright infringement.
Last year, in the most prominent case of mistaken identity and when Davenport Lyons were working with porn companies, they incorrectly accused a retired 64 year-old man of sharing the hardcore movie ‘Euro Domination 5′ via BitTorrent. The man received an apology and the demands for money ended.
Eventually the actions of Davenport Lyons, Logistep and DigiProtect attracted the attention of consumer group Which? who made a complaint to the Solicitors Regulation Authority. Although that action is still ongoing, Davenport decided – at least on the surface – to withdraw from the business.
But of course, ACS:Law were waiting in the wings and they are now conducting business with Logistep in much the same fashion. Unfortunately for them, Which? is now on their case too.
In their most recent print edition, Which? published an article which casts an even darker shadow over the issue. They say they have been contacted by 20 individuals who say they have no knowledge of the games in question – Dream Pinball 3D and Two Worlds.
Which? quoted hospital ward clerk Deborah Hughes who said: “It’s distressing to receive such a letter. I’ve never heard of this game and I’ve no idea how to share it. I’ve searched my computer but it’s not there.”
Of even greater concern and embarrassment to ACS:Law are the accusations they leveled at Colin Dixon, Technology Director at a UK software developer. “My wife and I are middle aged (51 and 49) and work from home, and the computers here are owned by our employer, and are strictly controlled for pirated software – that’s my job!”
Which? also spoke with the Internet Service Providers Association (ISPA) about the issue. They replied: “We’re not convinced of the efficacy of the software and not confident in its ability to identify users.”
Up to now, this hasn’t worried Logistep, DigiProtect, Davenport Lyons or ACS:Law since they say in their claims letters: “We do not claim that your computer was used to commit the infringing act (although we do not exclude this possibility), nor do we claim that you downloaded our client’s work. Our claim is that your Internet connection was used to make our client’s work available via one or more P2P networks. The file may not, therefore, be on your computer.”
So, in a nutshell, they admit that the people named in their letters may not have carried out any infringement. Absolutely priceless.
Neither ACS:Law nor Davenport Lyons have ever won a contested case against a UK file-sharer, despite all their bluster. Hundreds of people are “let off” after simply digging in their heels, denying the accusations and refusing to pay.
Thanks Hickster
Previously: Top 10 Most Pirated Movies on BitTorrent
Next: MediaDefender Virus Scam Targets Torrent Site Users
36 Responses
Nice. Go Which? :)
Its nice to know that at least some ISP’s know where their income comes from.
Which? Annoying name. But seems like a good organisation. Perhaps they could open up an office here in sweden?
“alleged uploaders of 2nd rate games”. *Cough* more like 3rd rate games.
ACS:Law could become the biggest comedy act in Europe ;D
Which? are good guys, and not to be laughed at, my apologies.
@4: Sorry, my mistake :(
Interesting nevertheless.
I have got about 50 those threats. I have never paid. Now those are spam and I don’t even read those anymore :)
My advice, if you get a settlement offer from ACS:Law partners please forward it to your spam folder.
Cool story bro.
And I really hate France!
Got to try the “I’m 64 years old” defence some time
@3 ‘Which?’ is a collection of consumer review type magazines. There are allsorts, for computer, cameras washing machines. They are very good, and VERY mainstream.
We all know how Logistep seems to opperate but does anyone know anything about DigiProtect? who are these people?
My mum got one of these letters and then paid it before I could tell her not to :(
ACS:Law hasn’t gone to court yet, if you refuse to pay, they just back off.
Strange, considering what conclusive “evidence” they have.
please direct all legal threats to /dev/null thank you ;)
Well done! Close these bastards down!
Nothing like the blind leading the blind…
I had a letter from DPL, curtsy of amstrad.. got a lawyer from the Yellow Pages/Google and got it sorted for slightly less than the £550 they wanted for settlement. They just stopped replying to me!
hoo bloody rah, about time uk ISP’s grew some balls
Could i just ask something about this quote :
Up to now, this hasn’t worried Logistep, DigiProtect, Davenport Lyons or ACS:Law since they say in their claims letters: “We do not claim that your computer was used to commit the infringing act (although we do not exclude this possibility), nor do we claim that you downloaded our client’s work. Our claim is that your Internet connection was used to make our client’s work available via one or more P2P networks. The file may not, therefore, be on your computer.”
I have a cable internet connection which comes in through my wall to a modem [ntl 210 i believe] which alas is not wireless! even my computer is not wireless infact there is as far as i know no way for anyone to intercept my data coming through my connection….so as i never downloaded the piece of crap to begin with an dont have it on my computer would this mean that someone at virgin media has intercepted my connection illegally between the isp and modem and used it to download this game ? i only ask because i can swear 100% that i have never had this game on my computer….
ps : I’m on my fourth letter from acs [f]law now and have just reported them to reality pump themselves for ignoring each of my replies by email, they acknowledge receipt but ignore the contents.
Inaccuracy of Anti Piracy Evidence.
Next thing you know water will be wet!
@ Mr Innocent
I take it your with Virgin Media? Did you know they have a huge problem with cloned boxes? So yes someone could have downloaded copyrighted material useing a box which points the finger at you.
They really have to sort this problem out before they start clamping down and threatning thier customers. I personally wouldnt touch the company with a barge pole.
@ Mr Innocent
Ps.
Just tell ACS Law it must have been a cloned cable box. Ask them to prove it was you in court or F*ck off.
Yes i am with virgin media and yes there was a large problem in the Leeds area around 2006 – November 2008 with cloned boxes, this fact was even highlighted on BBC’s watchdog at the time.
Anyone know acs laws IP ? it would be a shame if it was known to have downloaded hundreds of terrabytes of German pawn with no way to disprove it now wouldn’t it…
pmsl
@Mr Innocent
Good forum here about the ACS Law & Davenport-lyons extortion racket. If you can be bothered to read through 201 pages and 5002 posts. lol. Interesting to skim through tho.
http://www.slyck.com/forums/viewtopic.php?t=44092
@7 Manky and your Bollywood shite
Its people like you with your idiotic comments that spoil these discussions on torrentfreak for everyone else. You NEED to be censored
@Reventon
Replying to the trolls simply encourages them. Trolls are of no consequence; pay them no mind.
Old news regarding ISPA and their views on the standard of evidence currently being presented, similar was reported on BBC News on 12 May. However it is good to see the ISPA restating their postion, and additionally Which? reporting on current developments as well.
That said why are the ISPs (who are members of the ISPA) not challenging the Norwich Pharmacal Orders if they are aware of the standard of evidence currently being presented?
From 12 May 09.
“However, the Internet Services Providers’ Association (Ispa) – a trade body that represents ISP’s – said that users could challenge disconnections through the courts and, at present, the technology available for monitoring and detecting illegal sharers was not of a standard “where they would be admissible as evidence in court”.
http://news.bbc.co.uk/1/hi/technology/8044251.stm
Is this the same Logistep co. that sells hardware like keyboard/mouse?
If so folks should not buy there product if the profits go to this sort of thing.
What ACS really stands for: Ambulance Chasing Solicitors.
I posted this very comment to TorrentFreak when the news broke that they had taken over for Davenporn Lyons in the extortion game.
Lawyers like these are what give the rest of the legal profession a bad name. Too bad that those like Ray Beckermann (aka New York Country Lawyer) who are helping to defend filesharers from the MAFIAA are so few in number.
@30
You’re getting “Logistep” mixed up with “Logitech,” which is the company that makes keyboards and other peripherals. As far as I know they are two completely different entities.
When ACS LAW stop sending you letters cos you have dug a trench and put barbed wire out in front of it and manned the machine gun and refused to pay. What happens then? Can they keep the allegation on file and use it again at a later date or because they have taken no further action it becomes null & void?
acs = fail
ISPs Doubt Accuracy of Anti-Piracy Evidence story is on twitter just search
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It’s all BS really, we received one of those letters from davenport lyons, didn’t reply, didn’t respond, didn’t do anything and they appear to have left us alone. Had a call from a lawyer saying he could sort it out for a “fee”. Told ‘em all to get stuffed they’re as bad as each other. Anyway couldnt find anything on any computers and my network is secure so how they reckon anything got d/l I dont know, didnt even know what bitlord was until I read about it here. As far as I’m concerned ignore all letters sent out from anyone !
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