UK ISPs Refusing To Hand Over Subscriber Data To Pre-Settlement Lawyers Due To ACS:Law Data Leaks

from the oh,-now-they-decide-this? dept

The fallout from the ACS:Law email leak continues. Law firm Gallant Macmillan, who only recently jumped into the pre-settlement shakedown game, went to court this week to seek the names of various people it wanted to send such letters to and UK ISPs BT and Plusnet -- who had previously cooperated with such requests -- refused to hand over the information, citing the privacy issues raised by the fact that ACS:Law did not properly store and privatize the information it received on subscribers. Of course, it's a bit weak to wait until now to make this complaint. These ISPs should have been standing up for their users from the beginning. Still, better late than never.

Filed Under: pre-settlement, privacy, uk
Companies: acs:law, bt, gallant macmillan, plusnet

UK Judge Not Impressed By Mass Copyright Pre-Settlement Campaigns

from the cracking-a-nut dept

We recently wrote about yet another law firm in the UK jumping on the "pre-settlement" letter setup, which is designed to misuse the legal system to send "pay us or we'll sue you for copyright infringement" letters. However, it appears that a judge in the UK is not at all impressed with such a misuse of the legal system and has made that point clear to the law firm Gallant Macmillan. While the judge, Chief Master Winegarten, notes that he doesn't fully understand the technical issues, he does point out that he's concerned about the overall process -- and has heard plenty of complaints about such pre-settlement letters. According to TorrentFreak:

"There wouldn't be this hue and cry unless you were pursuing people who were innocent," he told the applicants.

Condemning the actions as a "huge sledgehammer to crack a nut", CMW pondered, "I can't understand why in these thousands -- hundreds of thousands -- [of letters sent out] no-one has been sued."

An interesting side note, is that the judge also seemed to indicate that with the Digital Economy Act, these sorts of pre-settlement situations may no longer be reasonable, since the whole "three strikes" process may take over instead. I don't know enough about the DEA to know if it really precludes such lawsuits (or even threats of lawsuits), but it would surprise me if that were true.

Filed Under: copyright, digital economy act, judge, pre-settlements, uk
Companies: gallant macmillan

More Law Firms Getting Into The Mass 'Pay Us Or We'll Sue You For Infringement' Business

from the piracy-into-profits? dept

We've seen enough reports of just how lucrative it has been for various law firms to get into the mass automated threat letter business by demanding payment from accused file sharers based on very slight evidence. The only thing that's been surprising, really, is that we haven't seen more law firms jump into the game. In the UK, there was Davenport Lyons, who more or less handed over that business to ACS:Law. Then there was -- briefly -- the UK law firm Tilly Bailey & Irvine, who were called out by a UK Lord as a "new entrant to the hall of infamy." That resulted in TBI backing out of the business. In the US, of course, there was the recent high profile entrance of US Copyright Group (which is really the DC-based law firm Dunlap, Weaver and Grubb) as well as some indications that others are getting into the game as well.

TorrentFreak highlights another UK law firm, Gallant Macmillan, that has decided to join in on the "pay us or we'll sue you" fun. It appears that Gallant Macmillan has gone out of its way to try to indicate it's not "as bad" as those who came before it, but it's still in the same basic business. Of course, the more law firms that start down this road, the more attention the practice will get among politicians -- and the more likely that these sorts of quasi-extortion-like efforts gets shut down both in the UK and the US.

Filed Under: copyright, pre-settlement letters, threat letters, uk
Companies: acs:law, gallant macmillan, us copyright group