Copyright Law

3rd UK Law Firm Targets Illegal File-Sharers

By Jared Moya

TBI Solicitors sends out an unspecified number of letters to suspected illegal file-sharers threatening legal action unless they agree to pay £700 in compensation ($1,000 USD).

One of the tactics employed by copyright holders to try and get a handle on illegal file-sharing is to give overzealous law firms free reign to target as many illegal file-sharers as possible.

The tactic has obviously never worked, despite one law firm, ACS Law referring to it as a ?revolutionary business model? that ?generates revenue for rights holders and effectively decreases copyright infringement in a measurable and sustainable way? unlike the ?costly and ineffective? anti-piracy measures of other companies.

All it’s ever managed to accomplish is further alienating a public with threat of financial ruin, especially in light of the numerous false accusations, most notable against the elderly for allegedly downloading porn.

The latest law firm to join the bandwagon is Tilly Bailey & Irvine LLP (TBI Solicitors) whose been threatening people to pay £700 in compensation ($1,000 USD) for illegally file-sharing pornographic material copyrighted by Golden Eye (International) Limited or face litigation.

TBI Solicitors has refused to reveal just how many letters its sent out or when it began sending them. It did, however, reveal the nature of its efforts.

“We are currently acting for a number of clients who have instructed us to protect their intellectual property rights in relation to certain films to which they own the copyright,” said Martin Levinson, TBI Solicitors’ head of commercial. “We have written to a number of persons who we understand, following enquiries of an internet service provider, have unlawfully downloaded our clients? material.”

Which?, the largest consumer body in the UK with over 650,000 members, points to this latest news as an urgent reason why the Solicitors Regulation Authority (SRA) needs to conclude its investigation against Davenport Lyons, a law firm accused of sending similar “bullying” letters to hundreds of innocent consumers.

It points out that it first reported Davenport Lyons way back in Dec of 2008, more than a year ago, apparently to no avail so far.

“Which? thinks it?s unacceptable that its taken so long. It shows that the SRA is incapable of acting swiftly to curb poor conduct, and, more worryingly, it has not prevented other law firms from jumping on the bandwagon in the meantime,’” it says in a press release.

TBI Solicitors denies using heavy-handed tactics, and says that it’s been “liaising” with the SRA to develop the right approach.

“We vehemently deny any allegations that our letters are bullying or heavy-handed,” added Levinson. “We endeavour to ensure that the letters comply with the Code of Practice for Pre-Action Conduct in Intellectual Property Disputes (January 2004).”

That may be so, but one thing’s for sure, and that’s that the tactic won’t decrease piracy – it’s main goal.

Stay tuned.

jared@zeropaid.com

Full post as published by ZeroPaid on March 05, 2010 (boomark / email).