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WinMX World :: Forum  |  Discussion  |  WinMx World News  |  ACS:Law loses first file-sharing case
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Author Topic: ACS:Law loses first file-sharing case  (Read 521 times)

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Offline Lagerlout666

  • Forum Member
ACS:Law loses first file-sharing case
« on: December 13, 2010, 07:08:14 am »
http://www.techwatch.co.uk/2010/12/12/acslaw-loses-first-file-sharing-case/

Quote
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.

Finally a judge with common sense
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Offline DaBees-Knees

  • WMW Team
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Re: ACS:Law loses first file-sharing case
« Reply #1 on: December 13, 2010, 09:17:55 am »
Lazy get rich quick lawyers deserve to be thrown out of court.

Offline GhostShip

  • Ret. WinMX Special Forces
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Re: ACS:Law loses first file-sharing case
« Reply #2 on: December 13, 2010, 06:06:40 pm »
An important aspect of this case is that the judge not only rejected that ACS law had any rights to make a claim on the copyright owners behalf but he went further and destroyed the idea that unauthorised secondary liability is a valid point of claim in the UK, ACS law where trying to get the judge to agree that anyone with an unsecured router was at fault in some way and thus liable, the judge did not agree.  

Quote
“The plea that ‘allowing’ others to infringe is itself an act restricted by s16 (1)(a) and 17 of the 1988 Act is simply wrong,” noted Judge Birss. “The term used by those sections of the Act is ‘authorising’ and the difference may be very important if the allegation is about unauthorised use of an internet router by third parties."

Unless you have specifically given someone permission or authority to use your internet connection for copyright infringing from this judgement its clear you have nothing to answer for, the liability of any claimed  infringement lies squarely with the inf ringer not the internet account owner.

It also seems ACS law had no proof they had given prior notification to the alleged infringers of court activity, the judge ruled simply that without such proof he could not issue a default judgement as to do so could cause a miscarriage of justice, he also pointed out that when an accused infringer had replied to ACS law a case had to be brought as it was clear no default judgment could ever be issued when the facts of the case are in dispute.

A sound and well reasoned judgement has been made here in my opinion, having some clarity on this topic is a service to all and allows folks to tailor their activities to comply with the law, thus respect for the law is safeguarded, Judge Birss has done the public a great service with this respectable judgement

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