Copyright Law

ACS:Law Threatens More than 150 Innocent People

By Jared Moya

Which?, the largest consumer body in the UK, receives dozens and dozens of letters from people claiming to have been falsely accused of illegal file-sharing.

Which?, the largest consumer body in the UK with over 650,000 members, is reporting that more than 150 innocent people have received warning letters so far from ACS:Law, a UK-based law firm that ?specializes in assisting intellectual property rights holders exploit and enforce their rights globally,? accusing them of illegal file-sharing and offering each the chance to settle the matter out of court. Settlement fees range between £300-500 ($497-828 USD).

ACS Law says its letter writing campaign is protecting the copyright of its clients. But Which? had heard from more than 150 consumers who believed they had been wrongly accused, with even more getting in touch as a result of these latest letters.

?My 78 year old father yesterday received a letter from ACS law demanding £500 for a porn file he is alleged to have downloaded,” reads one letter. “He doesn?t even know what file sharing or bittorrent is so has certainly not done this himself or given anyone else permission to use his computer to do such a thing.?

ACS:Law first began the offensive early last December, 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.

After careful review it decided to drop a number of cases against an initial 15,000 suspected file-sharers across the UK, limiting it to only those it deemed “viable” or “beneficial to its clients.”

Apparently their “careful review” wasn’t careful enough and a number of innocent people have still managed to be ensnared in their P2P dragnet.

?I have never been in trouble for anything and I am at my wits? end,” complains another innocent person in a letter to Which? I feel guilty even though I am not.?

The problem is that people are being scared into settling, guilt or innocence aside, without benefit of trial, and Which?, concerned as ever about the rights of consumers, is none too happy about the matter.

Matt Bath, Technology Editor for Which, continues:

Innocent consumers are being threatened with legal action for copyright infringements they not only haven?t committed, but wouldn?t know how to commit. Which? is concerned that many people will be frightened into paying up rather than facing the stress of a court battle.

Over 150 people have turned to Which? for help already. We?d like to see an end to these letters being sent to innocent people and encourage copyright owners to focus their attention on those who are deliberately breaking the law.

So what to do? I recommend reading Being Threatened’s ?Speculative Invoicing Handbook.? The guide is an excellent step-by-step playbook that details how readers can stop extortion attempts such as ACS:Law?s and just what to do if you?re wrongly accused of illegal file-sharing. It lays out what one should do step by step, from letter of response to examining what information is available about you on the Internet and what it may mean for the case against you.

Stay tuned.

jared@zeropaid.com

Full post as published by ZeroPaid on January 29, 2010 (boomark / email).