January 28, 2011
The Judge, appointed to conduct a potential twenty seven cases of copyright infringement issued by law firm ACS:LAW for its client MediaCAT, has expressed astonishment at the firm recently requesting to discontinue the actions.
The cases were brought against internet users that it suspected of illegal file sharing and downloading of its copyrighted information. However, the recipients and their advisors argue that the letters they received from the firm threatening them with legal action if they did not pay compensation constituted harassment and bullying and that the methodology used by the company to obtain information about file sharing is flawed. The company obtained the IP address of suspected file sharers and used this to gain a court order requiring the internet service providers to supply the customers’ details. This raises problems in that the individuals owning the computer or IP address, may not have been the ones who illegally downloaded the information.
The Judge has not however, agreed to dismiss the cases and a hearing has been scheduled to take place this week.
The cases emphasise the complexities involved in proving file sharing and copyright infringement and the dangers of sending out accusatory letters that are not founded on solid evidence. Copyright infringement occurs under the Copyright amp; Patents Act (1988) when someone downloads and/or uploads copyrighted information without the consent of the owner. However, anyone seeking to prove this must show on a balance of probabilities that the information was downloaded/uploaded at a specific date and time.
Anyone receiving a copyright infringement notice or wishing to take action against someone else for infringing their copyright should obtain legal advice before taking any steps.
