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Being Threatened? - Information
The players
ACS:Law website
Davenport Lyons
website
Andrew Crossley (of ACS:Law) fined by SRA
(pdf)
ACS:Law found to infringe copyright on their website
The letters
Sample Davenport Lyons letter
- compare with the ACS letter
First letter of claim from ACS:Law
Second letter of claim from ACS:Law
Similar letters targeting businesses for Corbis/Getty images copyright infringement
The evidence
Study: BitTorrent users prone to false copyright infringement claims
Logistep AG
-
this company gets paid for providing your IP address to law firms. So far they have refused independent examination of their evidence-gathering process. They have been ordered to stop collecting data in several European countries. Not yet in the UK, unfortunately.
Description of Logistep's File Sharing Monitor program
(pdf)
- page 6 onwards
Notes on evidence from ACS:Law
Evidence of File Sharing
- File sharing and the weaknesses of the rights holder
Swiss Data Protection Commissioner orders Logistep to stop collecting data
French lawyer who threatened file-sharers using evidence from Logistep banned from practising law for 6 months
Italian information commisioner finds Logistep acting illegally
- Logistep ordered to delete all data on Italian users within 2 weeks
Anti-piracy evidence in doubt as leecher is blamed for uploads
US federal court: IP addresses are not 'personally identifiable' information
EU Regulator says IP addresses are personal data
Legal background
Copyright, Designs and Patents Act 1988
Code of practice for pre-action conduct in IP disputes
(pdf)
ACPO Guidelines for using digital data in courts as evidence
CDPA Act 1988
(pdf)
- refer to sections 16 and 20 especially
Amicus curiae definition on wikipedia
Amicus curiae document for current case Capitol v. Thomas
Opinion C275/06 by Advocate General Kokott
-
she advises EU high courts not to hand over personal data to lawyers
EU Court shoots down attempt to force ISP disclosure of customer data
EU Law does not require ISP to hand over customer's identity
German High Court ruling limits data & piracy tracking
German Court decision forbids gaining personal details from IP harvesting
German report - Copyright Industry retracts lawsuit against file-sharer
Court proceedings
Example of a court order used to get personal data from ISPs
Recent court orders on the ACS:Law website
Topware "wins" case by default
- Topware vs. Barwinska
Legal forum discussion of Topware vs. Barwinska
Article about the default judgments and damages calculation
Court slaps 4 UK Bittorrenters with damages award
- another default judgement
Digiprotect before CM Winegarten, 30/06/2008
Regulatory bodies
Information Commissioner's Office (ICO)
Data Protection - when and how to complain
Accused of illegal filesharing? Complain to the government
Template: letter to the Information Commissioner's Office
EU Law does not require ISP to hand over customer's identity
Solicitors Regulation Authority
SRA website
Template: letter to the SRA
SRA contact details
Andrew Crossley (of ACS:Law) fined by the SRA in 2006
Fighting back
Which? challenges 'bullying' letters
BBC Watchdog: Davenport Lyons - threatening letters
Regulator to probe Davenport Lyons' P2P porn cash demands
Davenport Lyons reported to authorities; Digiprotect insists its actions are aboveboard
"I took Davenport Lyons to small claims court and won"
Letter templates for fighting back
People/organisations to contact
Miscellaneous
How secure is your wi-fi connection?
Big list of all titles protected by Digiprotect
(warning: lots of porn titles)
Blog post from a law lecturer at LSE about the DL letters
Downloaders need to be aware of the legal issues
French pre-settlement letters get lawyer banned for 6 months
Phone phishers hop on filesharing legal threats bandwagon
How damaging is illegal file-sharing?
- comments are more interesting than the article
Interview with file-sharer defending lawyer Christian Solmecke
Channel 4 video article about file-sharing
'New' anti-piracy lawyers chase UK file-sharers
Atari cancels anti-piracy witch-hunt; drops Davenport Lyons and Logistep
Warning to all copyright enforcers: three strikes and
you're
out
Guardian: Illegal downloads and dodgy figures
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