Infringement of Copyright Notice - 'Two Worlds'

[PrinceMuffin]

Hello all,

Well done all on the information gathering .

I just got a PM from some one that gave me the Consumer Direct report a scam link and I am not sure if this has been posted on here before but here is the link again anyways.

https://secure.consumerdirect.gov.uk/reportascam.aspx

[SomeRandomGuy]

Hey how's everyone doing?
I actually have the game 'Two Worlds' on PC DVD!
Don't know why thought because it really is rubbish.
In the letter of reply, do I say that I have the game or not?
Thanks, keep strong and good luck for those with exams!

[saywhat]

Originally Posted by SomeRandomGuy

Hey how's everyone doing?
I actually have the game 'Two Worlds' on PC DVD!
Don't know why thought because it really is rubbish.
In the letter of reply, do I say that I have the game or not?
Thanks, keep strong and good luck for those with exams!

Not sure, remember we are accused of making the game available for upload, they suggest that this could have been a legitimate copy that you may have copied to hard disc and then then made available for upload (event accidentally), would owning a copy not work against a person on the balance of probability case?

[sam786]

in ur e-mail or letters put a time limit of 14 days 0r as far as ur concern the matter is closed like they have 21 days, the risk is they may contact u any time in the future months or years

correct me if im wrong guys

[beingscammed]

Hello all,
Again, great progress from everyone today. I like the fact that people are getting replies from Watchdog etc - this is going to be exposed, no doubt about it; let's just oil the wheels and make it sooner rather than later.
For me I couldn't give a hoot about the 21 day deadline or not, though I am trying to speed things along for the rest of you to beat this deadline if possible.
Got a phonecall today from my QC friend who is looking at it, and will recommend the best lawyer he knows to take up the case if needed. Similar response from the other two lawyers - nice to know.
If you are going to send your LOD now, please refer to the templates already posted - they're a very good guide; and feel free to make similar claims for costs if you have to go to court, and to consider the matter closed if you don't hear from them within 14 days. It is a similarly unreasonable demand, which makes it a reasonable demand.
Stand strong.

[rancidpunk]

Originally Posted by SomeRandomGuy

Hey how's everyone doing?
I actually have the game 'Two Worlds' on PC DVD!
Don't know why thought because it really is rubbish.
In the letter of reply, do I say that I have the game or not?
Thanks, keep strong and good luck for those with exams!

The file that we are being accused of sharing is actually a torrent file originally posted on the Piratebay at 21:23:25 on 14/05/2007 and is a hacked game that will play on a pc without the original disc so it won't be exactly the same as the retail copy. It is seven separate files varying in size from a 3.63kb info file to a 2.99gb .7z archive file. It is still on the website which is where I got the details, which also begs the question that if acslaw are trying to protect their clients from copyright infringement why haven't they gone after the website that is listing the torrent?

[hickster]

Originally Posted by rancidpunk

The file that we are being accused of sharing is actually a torrent file originally posted on the Piratebay at 21:23:25 on 14/05/2007 and is a hacked game that will play on a pc without the original disc so it won't be exactly the same as the retail copy. It is seven separate files varying in size from a 3.63kb info file to a 2.99gb .7z archive file. It is still on the website which is where I got the details, which also begs the question that if acslaw are trying to protect their clients from copyright infringement why haven't they gone after the website that is listing the torrent?

I was accused of uploading or sharing "Call of Juarez" I think there are a number of games that people have been accused of downloading not just "Two Worlds" am I right on this? either way I have had the same letter as the rest of you!

[hickster]

Originally Posted by beingscammed

Hello all,
Again, great progress from everyone today. I like the fact that people are getting replies from Watchdog etc - this is going to be exposed, no doubt about it; let's just oil the wheels and make it sooner rather than later.
For me I couldn't give a hoot about the 21 day deadline or not, though I am trying to speed things along for the rest of you to beat this deadline if possible.
Got a phonecall today from my QC friend who is looking at it, and will recommend the best lawyer he knows to take up the case if needed. Similar response from the other two lawyers - nice to know.
If you are going to send your LOD now, please refer to the templates already posted - they're a very good guide; and feel free to make similar claims for costs if you have to go to court, and to consider the matter closed if you don't hear from them within 14 days. It is a similarly unreasonable demand, which makes it a reasonable demand.
Stand strong.

Thanks for all your help so far mate, you have been a real fountain of info. Could you link to your LOD template letter please.

[penumbra]

Originally Posted by LastStand

Sorry if my post seems a bit erratic or annoying, just a bit nervous about the situation especially as I presume ACS will have learnt from Davenport Lyons.

Well, if they have learnt from Davenport Lyons, they will bluster and threaten you, not take you to court and then drop them as clients in three years after not a single successful contested court case.

Relax

I have seen someone send this letter to them:

Dear Sir/Madam

I am writing in reply to your letter of claim dated xxx stating that my connection was used in an infringement of copyright, using peer to peer networks which allegedly occurred on the date xxxx and concerns the work “XXXXX” (“the “work”).

You assert in your letter that the infringement was apparently traced to my internet connection. I note that I am not personally being accused of the infringement, as you have no evidence to this effect.

Nevertheless, I categorically deny any offence under sections 16(1) (d) and 20 of the CDPA 1988. I have never possessed a copy of the work in any form, nor have I distributed it, nor have I authorised anyone else to distribute it using my internet connection. I note that section 16(2) of the act requires a person to either directly infringe copyright, or authorise someone else to do so. I have done neither, and you have not provided any evidence of my doing so. As such I cannot and will not sign the undertakings as provided by you.

As you seem to be perfectly aware, it is impossible to link an IP address to a particular person or computer without further detailed analysis, which requires a level of expertise I do not possess. In your letter you state that “it is unlikely that a simple denial (without further explanation) will change our view of the circumstances”, unfortunately I do not have the expertise to provide a detailed explanation. As such I can only conclude that I have been a victim of foul play.

As far as I am aware, there is no law in the UK under which you could properly hold me responsible for an infringement occurring via my internet connection, without my knowledge or permission. I would be interested to hear you legal basis for attempting to do so.

Please inform your clients that if they wish to pursue this matter, I will seek to recover all my costs to the maximum permitted by the Civil Procedure Rules.

Yours Faithfully

It seems to hit all the right buttons. If you report them to the ICO/SRA etc you should put that in as well.

[Richie]

Originally Posted by penumbra

Well, if they have learnt from Davenport Lyons, they will bluster and threaten you, not take you to court and then drop them as clients in three years after not a single successful contested court case.

Relax

I have seen someone send this letter to them:



It seems to hit all the right buttons. If you report them to the ICO/SRA etc you should put that in as well.

Thank you Penumbra ..people like you and Beingscammed and many others making this easier as well as giving much needed advice and info for us all

Im no good at writing or wording letters like the template you posted ..same with the law...more or less clueless when it comes to certain areas

I think if it wasn't for you guys @Slyck, Consumer forums and here @ torrent freak...Im sure a lot of us would be stressed like you wouldn't believe

[hickster]

Hi everyone, I am off to the CAB today to let them know about this in person. I have phoned and emailed everyone I can think of. I wonder if it would be useful to have a page where ALL the facts against ACS:LAW are evident

For instance

They are NOT registered with the Information Officer.

There letter appears to be threating and bullying.

I have not seen a page where this info has yet been collated. Would it be useful? I think so rather than trawling through the hundreds of pages of posts so far.

BTW well done to all who have so far posted here and on the slyk forums, THIS is what the internet is all about, bringing people together to fight a common bully

[hickster]

Amen to that

[Wintord]

reply to 10BOB previous page I recieved the same reply this morning word for word, even though they said no further action will be taken for now.

I am still sending a letter by recorded delivery as my solicitor said and am asking for all the information they have reguarding myself. They have to provide you with this information if requested under the Data Protection Act 1998. They have 40 days to produce these documents (they can levy a £10 cost to you though for it) if you do not recieve them get in contact with the ICO and they will obtain them for you

[rancidpunk]

Originally Posted by hickster

I was accused of uploading or sharing "Call of Juarez" I think there are a number of games that people have been accused of downloading not just "Two Worlds" am I right on this? either way I have had the same letter as the rest of you!

Hickster, so far I think it's two worlds, 3d pinball and call of juarez that are the games they are "protecting" but to fnd the exact torrent you are being accused of sharing you need to have the exact torrent file name as it is written on the toilet paper acs law sent you. The two worlds file is "[PC] Two Worlds [COMPLETE] [ENG] [dopeman]", remember you aren't being accused of posting the torrent itself but you would have had to find the torrent on a website and specifically click on the download button for that file. That torrent will only work as a download if you have p2p software installed otherwise your pc will not recognize the file type.

[Richie]

Ok Ive been going over my paperwork ...

I have 2 letters of which one states I pay £860 on one and £730 on the other ..

Theres a total of 6 ip address logged on my paperwork they sent me... all over 5 days and at different times..never one set time.

Anyone else actually received 2 letters...? also asked to pay anywhere near those amounts..?

Posted this at Slyck ...see if anything pops up there