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in a mo | 16:30 Wed 01st Jul 2009 | Law
9 Answers
Today I received a 5 page ( 9 pages if you include using both sides of the paper) letter from a solicitor in London asking for a payment of �500, as they have been in touch with British Telecom,who we have a Broadband /Telephone account with ,it seems that BT has given them permission to view our telephone /broadband accounts .
It appears that BT have shown this collection company/solicitors/record company that a CD by a band called "Scooter" had been downloaded by someone at our address,I am totally shocked firstly for a demand for money also that all my details have been given out.
Is there no privacy act regarding my contract with BT.
What should I do? has anyone had one of these letters ,I would be very grateful for any input.
As always
Many Thanks
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I assume the band whose music was stolen are none too happy either. If you are committing illegal activities, prepare to have your business investigated.
Are you sure that BT gave permission and were not ordered to disclose the information by the courts?
http://www.bbc.co.uk/wales/x-ray/sites/allarti cles/updates/10p10_computer_downloads.shtml
Did somebody download the album at your address?

If so I suggest you pay the fine and tell them they now owe you �500 and not to download any more music (you may want to do something about their dreadful taste in music too!)
And there was me thinking a scooter was something Mods rode around on in the 60s.
Question Author
I did receive the letter and my reaction was one of shock I shall look forward to many more replys.
CHUCKFICKINS
Would you have just paid up ?
BUILDERSMATE
I can assure you ,I have listened to a track by "Scooter"and a mods bike sure sounded much better than this mire.
ANOTHERVIEW
Will you have as your name suggests when the facts come out.
HC4361
Great reply, this lead me on a very long road.I will let you know the outcome.
Thank you as always
actually another view is right - it's no different to walking out of the supermarket with a DVD under your arm

and whenever did crims have a right to privacy?
it's why cops carry battering rams

this isn't the first time this has happened
if it's the same as last time they will also have included the mac address of the machine that made the download - so the unique address points at the traffic - which is logged by BT and saved for 5 years.

last time the out of court settlement was �600
those who ignored or tried to blag their way out were fined �16000
http://www.techradar.com/news/internet/file-sh aring-fines-are-you-next--455260

don't say if you did or didn't here ... but you know if you - or someone is guilty

the whole torrent/pirate thing is extremely high profile ... the big producers are paying 1000000s to make examples - despite the cost to them
the pirate bay are in court now
http://www.reuters.com/article/rbssConsumerGoo dsAndRetailNews/idUSSAT00634120090625

http://www.cdfreaks.com/news/14980-UK-man-gets -jail-time-and-fines-for-piracy-operation.html

I'd pay 500 to save 16000
then again I don't steal - so it's only theoretical

Lots of others discussing this

http://www.consumeractiongroup.co.uk/forum/deb t-collection-industry/198192-acs-law.html

The Law company involved is ACS Law and lots of people seem to be getting demands for �500. However at this stage it does not appear that they have taken anyone to court for not paying indeed it appears that they are starting these tactics to put people off downloading. A spokesman for the firm said on radio of the letter and demand

"all we're doing is putting them on notice that their IP address has been utilised, we offer a compromise, they're under no obligtion to pay it, but if they ignore us we will take further action"

I'm sure this will run and run and eventually action will be taken re illegal downloads although at the moment British ISP's have stated that they are not willing to disconnect offending customers YET


There are actually quite a few cases of copyright holders chasing down payment of illegal downloads- for a fairly well known case, try Polydor Ltd. v Brown.
If the ISP were ordered to deliver up your IP address by a court (A 'Norwich Pharmacal' order), then I could sympathise with your thoughts, but payment should be made if you downloaded.
If you didn't download it, tell the company so! There have been instances of elderly couples receiving such letters in the post, who clearly aren't involved. I also remember my boss once advising someone to say that they're a student. Apparently the company won't pursue that person (blood out of a stone comes to mind) if there's no money to be had.

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