Have you received a letter from Davenport Lyons or ACS?

[Ytrewq]

I thought that this was an interesting quote from Bob Pullen at Plus net

Our legal bods have already been looking into which of the arguments used against Media CAT, also apply to Digiprotect. Particularly the licensing element. The potential for the subscriber data we've given them to be used in other speculative invoicing scams is obviously a concern. We'll do what we reasonably can to avoid this ever coming to fruition. If that involves having to go through the courts then I'm sure that's what we'll do.

I find it staggering that the licences used to perpetuate this scam may not have even been valid for the UK. According to a user named Mullard on Slyck who seems quite knowledgable the licences appear to be a sham and not to afford the right to sue as a licensor of the works in question under the CDPA because the licences do not allow the licensor to deal in the work at all.

If this is true I wonder how the government is going to stop this type of abuse once the DEA comes into force. Or would it be down to everyone to become copywrong sorry copyright specialists

[lymmranger]

Originally Posted by Ytrewq

I thought that this was an interesting quote from Bob Pullen at Plus net



I find it staggering that the licences used to perpetuate this scam may not have even been valid for the UK. According to a user named Mullard on Slyck who seems quite knowledgable the licences appear to be a sham and not to afford the right to sue as a licensor of the works in question under the CDPA because the licences do not allow the licensor to deal in the work at all.

If this is true I wonder how the government is going to stop this type of abuse once the DEA comes into force. Or would it be down to everyone to become copywrong sorry copyright specialists

If (and its looking like an "if") the DEA comes into force without major amendments, then the waters WILL get distinctly "muddy".
Any poor sod that finds themselves falsely accused will have a very steep hill to climb.
We really should "pray" very hard that the proposed review results in wholesale change

..........otherwise I am thinking of emigrating

[lymmranger]

Keeping it short and (VERY) sweet...

http://www.ralli.co.uk/news/acs-law-...ion-to-proceed

oh and.....

http://www.ispreview.co.uk/story/201...t-acs-law.html

not forgetting....

http://www.pcpro.co.uk/news/366841/j...and-lamentable

and more..

http://torrentfreak.com/senior-judge...payout-110418/

[Tezcatlipoca]

Originally Posted by ispreview.co.uk

Today Judge Birss QC ruled to permit the wasted costs application to proceed, before taking a moment out to criticise ACS:Law's conduct in the case as "at best ... amateurish and slipshod". Birss further described ACS:Law's case as "chaotic and lamentable", after it failed to provide the right documents or follow normal practice. "I do not doubt that this led to unnecessarily incurred costs," he warned.

[Sirius]

You can bet your bottom dollar that any so called law firm thinking of carrying out this scam will have been scared off now. ACS law is about to find out what its like to be dealt with by the law correctly.

[lymmranger]

...the only problem with this (yet to be decided) financial penalty is

....it will be paid by his Insurer, so everyone`s premium will ultimately suffer as a result.

I did detect the merest hint of some type of personal penalty being awarded against him (Crossley), but he will wriggle out of that by declaring personal bankruptcy. Of course he has now had several months to hide any/all personal assets
...as for Mediacat - well they were just a shell company, so again no pain will befall the company owner "Mr Bowden"

This is looking like a very hollow victory....

-No -one looks likely to "personally" suffer too much
-The evidence was never dis credited in court

On the bright side....

-someone would have to be very brave to "pick-up" this businesss model (we hope)

[lymmranger]

The case is now online here -
http://www.bailii.org/ew/cases/EWPCC/2011/10.html

it makes very interesting reading!

I particularly liked this bit -

71. Mr Tritton advanced his case on the Notices as one of unreasonable conduct and that is how I have addressed it. However it seems to me to be right to take into account the fact that the improper revenue sharing arrangements meant that Mr Crossley himself had a direct financial interest in continuing the letter writing campaign. As I found in my previous judgment (paragraph 99) Mr Crossley/ ACS:Law had a very real interest in avoiding judicial scrutiny of the cause of action because of the revenues from the letter writing campaign. In my judgment the combination of Mr Crossley's revenue sharing arrangements and his service of the Notices of Discontinuance serves to illustrate the dangers of such a revenue sharing arrangement and has, prima facie, brought the legal profession into disrepute. It may be better placed under the revenue sharing heading in this judgment but it is, prima facie, improper conduct in any event.

The SDT will love that!

- How can they possibly fail to act now, you could argue that this will effect the case with the DLtwo as well

(just going to my GP now for some ointment - my ribs are really hurting now)

[budwieser]

A Big `oooooooops` Here. http://www.bbc.co.uk/news/technology-11425789

[Kymmy]

That news story is 8 months old and as already been discussed in this thread

[Mick Fisher]

Andrew Crossly only fined £1000.00 by the ICO after pleading he was skint.

[techguyone]

Yea shame as it could have been 200k instead...

Still if nothing else it'll deter any other dodgy firms from trying it on too.

[lymmranger]

I suppose we should be grateful that the scammers are now out of action...

I am afraid that the size of the fine does not surprise me
I suspect that the SDT will let him off too
Of course any costs concerning the "court case" will be paid out by his Indemnity insurer

Overall he has had a public humiliation, updated his CV in such a way as to make himself virtually unemployable, Oh and single handedly killed the goose that laid the golden eggs

...like I said we should be grateful (NOT!)

[Mick Fisher]

In keeping with all scammers he, no doubt, has skin as thick as a rhino's and so won't be bothered by damage to his reputation, assuming that is, if he had any to damage in the first place. He is a solicitor afterall.

He will probably find some way to start again under a new name.

[lymmranger]

Originally Posted by Mick Fisher

In keeping with all scammers he, no doubt, has skin as thick as a rhino's and so won't be bothered by damage to his reputation, assuming that is, if he had any to damage in the first place. He is a solicitor afterall.

He will probably find some way to start again under a new name.

....No need to change his name (especially given his lack of shame)

- someone may(will?) employ him as a consultant/legal officer, not quite as much money but still more than most of us "average joe`s"

[Kymmy]

And for those that thought this was all over ACS are now targeting sharers outside of the UK..

http://www.bbc.co.uk/news/technology-14215510