TorrentFreak Email Update

Wrongfully Accused Of File-Sharing? File For Harassment

Posted: 31 Aug 2010 03:11 AM PDT

There are tens of thousands of people out there receiving letters from lawyers which demand payments to make potential copyright infringement lawsuits go away. Those wrongfully accused have been fighting back in a number of ways, and not without success. Now a team of lawyers is offering to coordinate a group action, with the aim of gathering compensation for victims through harassment claims.

Last month it was revealed that ACS:Law, the now infamous one-man law firm that has sent out tens of thousands demands for cash settlements to make supposed copyright infringement lawsuits go away, has been referred to the Solicitors Disciplinary Tribunal on allegations of misconduct.

This referral, achieved through the tireless work of those wrongfully accused and consumer groups such as Which? and BeingThreatened.com, was much-welcomed news. But the wheels of justice can turn very slowly. It could take months, maybe more than a year, for the authorities to do their work. This is a serious problem for those still affected by the actions of ACS:Law principal Andrew Crossley.

Make no mistake, this is not going away soon. Crossley is regularly going to court and gaining the identities of thousands more individuals he says are infringing his clients’ copyrights, yet he has no solid proof in almost any instance that this is the case. As a result of flawed evidence, huge numbers of people say they have been accused in error.

Noticing this apparent failing, a team of lawyers in the north of England have announced that they are pursuing a group action and are urging people to come forward to participate. Noting that Crossley has been referred to the SDT for “bullying and excessive conduct”, Ralli Solicitors say that letter recipients may be entitled to compensation for harassment.

"It can be incredibly upsetting for people to receive such letters and they may well have a claim for harassment against ACS Law so I am urging them to come forward," says Michael Forrester of Ralli's Intellectual Property and Harassment Law team.

Ralli appears to have considerable experience in this field, having represented several police officers in their claims of harassment made against the Chief Constable of Northumbria Police in 2009.

TorrentFreak contacted Ralli to find out more about the company’s offer. Why does the law firm feel that letter recipients may have been harassed?

“It appears people have been harassed as they have been alarmed and distressed by these letters,” Ralli’s Robert Illidge explained. “A course of conduct which amount to harassment, including alarming and/or distressing a person, is prohibited by the law.”

So what conditions must be met for a letter recipient to be considered eligible for inclusion in the group action? According to Illidge, not many.

“A receipt of correspondence from ACS law, or another firm, falsely accusing a person of infringement,” he told us.

While in some cases the reasons why people are being wrongfully identified may never be known, it is clear that in untold cases innocent bill payers who have carried out no file-sharing at all are getting multiple letters from ACS:Law. Their claims of innocence are going ignored.

The law says that in order to have infringed copyright, bill payers must have either shared files themselves or explicitly authorized someone else to do the act. Since ACS:Law cannot possibly know who is sat at a computer keyboard at any particular time, they wrongfully suggest that the bill payer is the infringer or it is their responsibility to say who did the alleged file-sharing. They are wrong on both counts and people who fall into this category might well consider a claim.

As is common with most cash demands sent to alleged copyright infringers, the settlement amount required by the likes of ACS:Law is carefully weighted. Not too much so that the majority simply can’t pay, and just low enough to make investing in a lawyer to shout their corner an unattractive proposition. So how much will it cost to file for harassment with Ralli?

“Our aim is for the actions to cost claimants nothing,” Illidge told us. “It depends on who is involved, how many claims and how the cases are presented. There are a number of ways of funding group action litigation such as the 'no win, no fee' basis.”

So, if successful in their action, what could participants hope to achieve?

“If successful, participants can expect to receive damages for the financial loss and anxiety the letters and other correspondence have caused,” says Illidge. “The law also allows individuals to obtain injunctions in certain specific circumstances, which, if obtained would prevent the harassment from continuing.”

TorrentFreak can’t vouch for Ralli, but with our experience of these actions our friendly advice to bill payers is simple. If you receive a letter addressed to you and you didn’t do what these people say you did, don’t pay. With an eye on the excellent Speculative Invoicing Handbook from BeingThreatened.com, write a single firm but brief letter denying the accusations. If you are harassed again, write to the SRA – they know Mr Crossley very well.

By all means see what Ralli have to offer too. ‘No Win, No Fee’ is just right, but if it’s going to cost much more than a few pounds, don’t bother. ACS:Law have a track record of leaving people alone who have the nerve to stand up to them – you can do that yourselves.

Anyone seeking additional information can contact Michael Forrester or Clare Perchal on 0161 832 6131 or by emailing harassment@ralli.co.uk.

Article from: TorrentFreak.

College Starts With a Fresh Textbook Torrent Site

Posted: 30 Aug 2010 10:32 AM PDT

Nicely timed at the start of the new college year, a new BitTorrent site dedicated to sharing knowledge in the form of textbooks has surfaced. Torrent My Book - a project run by two college students - aims to become the world's largest BitTorrent index of textbooks, following in the footsteps of the late TextBookTorrents.

torrent my books At the start of the college year in 2008 tens of thousands of students were flocking to TextBookTorrents. Their goal? To save hundreds of dollars on expensive books.

At its height the site had more than 70,000 members, with over 20,000 peers trading files at any given point in time.

The site managed to fly under the radar for a long time, but as it expanded the press and book publishers started to take notice. This unwanted attention led to numerous takedown requests and legal threats were also directed at the owner of the site, who saw no other option than to turn the final page in October 2008.

After it closed, students were left with no other option than to buy their books or to find other sources where they could share them. Oddly enough, the gap left by TextBookTorrents was never filled in the two years since its demise, despite the fact that eBooks have become mainstream and eReaders more affordable. This absence didn’t go unnoticed to a duo of college students, who launched the site Torrent My Books a few days ago.

“We were disheartened when we heard that TextbookTorrents was shutting down way back when, and since we did not see any sites coming up to replace it, we decided to take it upon ourselves to do something,” one of the founders explained to TorrentFreak.

The purpose of TorrentMyBooks is to be a place where people can share books freely, not just textbooks, although that is the main focus. The main difference with the late TextBookTorrents is that the site doesn’t have a tracker. It just provides an index of book related torrents where users can add to and download from.

The appearance and feature set of the site is similar to many other sites. Visitors can browse through the different sections, and the homepage of the site shows the more recent titles added to the various categories. TorrentMyBooks currently lists just over hundred torrents, but the founders hope there will be thousands of titles available soon.

Science Books on Torrent My Books

torrent my books

“The motivation for creating the site is based on a personal experience of mine in college,” half of the duo told TorrentFreak. “One semester I needed to take an Art History class and it required the students to buy a textbook which cost roughly $150 USD. Fast forward to the end of the semester, I go to the school book store to sell back the book. I am told flat out that it is out of date and they cannot buy the book.”

“I was appalled that an art HISTORY book goes out of date. How does a book about the history of art change so much that you need a new edition? The only reason I can think of is that publishers have a monopoly and are able to force students to buy a new edition,” TorrentMyBook’s co-founder says.

It is pretty clear where the motivation of the site’s founders come from, but then there’s always the follow up question that deals with the morality of the operation. Here, the site’s co-founder – annex textbook vigilante – pictures himself on the right side of the argument as well.

“The morality of torrenting books is not clearly defined. You can’t really put a price on sharing knowledge such as books. That’s why most libraries are free. I also do not mind paying for books but publishers like to take advantage of students which does not seem right to me. Also, as a student, I do notice that people are looking for a cheaper alternative to books.”

Then there’s one hurdle left, the legality of the operation. Considering the history of TextBookTorrents and the piracy paranoia among book publishers as of late, the founders of TorrentMyBooks can expect plenty of DMCA notices, or worse. This is something they considered before starting the site, but nonetheless they will carry out their ambitions.

“One must be worried about the legal implications. However, we are going to be diligent in creating the number one source for books,” we were told.

Article from: TorrentFreak.

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Tuesday, August 31, 2010