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December 12, 2010

ACS:Law loses first file-sharing case

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by Darren Allan

ACS:Law finally took the step of taking eight people the company had alleged to have downloaded copyrighted material to court.

Usually, the firm just sends out letters informing the accused of their wrongdoing, and asking for an out-of-court settlement of several hundred pounds. But in this case, they actually took the alleged offenders to court.

However, Judge Birss QC dismissed all eight cases. ACS:Law had pushed for a default judgement, meaning that the firm was trying to push through a verdict against the defendants because they had failed to respond to the summons, or appear in court.

However, as it turned out, some of the defendants had filed a defence, and in other cases there was no proof that a claim had actually been served.

In a statement, the judge noted: “The claimant’s right to be a claimant at all is somewhat unclear on the face of the pleading. A copyright case can be brought by the owner of copyright or an exclusive licensee but the Particulars of Claim does not allege the claimant is either of those.”

“The allegation is that the claimant ‘represents’ such persons. There is a plea that the claimant has an agreement with the Rights Owner to identify, pursue and prosecute instances of copyright infringement but no plea that the claimant owns the copyright or has an exclusive licence.”

ACS:Law hasn’t had a good year. In September, when activist group Anonymous downed the firm’s website, while getting it back online the techies manage to expose the company’s email database, which was snaffled and posted online to the embarrassment of many.

Story link: ACS:Law loses first file-sharing case


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1 Comment »
  1. Hahahahaha, may these ACS ppl rot in oblivion

    Comment by Mr Haha — December 12, 2010 @ 2:46 pm

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