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Plusnet will give your personal details to ACS Law with not informing you!!

davethir
Grafter
Posts: 178
Registered: ‎07-05-2010

Re: Plusnet will give your personal details to ACS Law with not informing you!!

D Day + 7
Plusnet, Please answer my question, this is starting to get worse, one of the other forums i frequent "Consumer Action Group", has had one of its posters post the following post
Quote
He is trying to scare you into paying, this is how it works. The letters get more and more threatening, ranging from "last letter before court" or "part 36" offers etc. The chances of you going to court are slim but its that slim margin that usually is enough to scare people into paying, guilty or not. As a guilty person is actually in exactly the same position as an innocent person in this situation, as in you can not prove you didn't commit the offence.
Your options,
1, Ignore it,
2, Pay up and it goes away,
3, reply and probably get a 4th letter.
If you have clearly stated your case in your first and second letters, and do not want to pay then you are probably best to ignore it.
P.S, the reason his reply was fast is because it is coming to the end of this batch of invoices, he has another 45,000 ip's to sort out soon if nothing changes with regards to the law and judges handing out the court orders with out thinking of the consequences

Note the last line, ACS Law will soon be trying to get another batch of Addresses of your Customers. This is your chance to stop him in his tracks, by prooving he has not got any intention of taking anyone to court, but is only sending threatening letters
If you dont want to discuss this on this public forum then please contact me on my Plusnet Email address or by PM.
mrmarkus1981
Grafter
Posts: 647
Registered: ‎26-02-2008

Re: Plusnet will give your personal details to ACS Law with not informing you!!

If i find out that after all the publicity and news reported on this issue, that Plusnet have handed out its customers details again, i will be leaving and joining another ISP, i dont want to but its ridiculous that this is not being taken as seriously as it should.
I hope those that are worried about this SCAM or those that have already been affected, consider changing their provider too.
Tidgy
Grafter
Posts: 80
Registered: ‎09-06-2009

Re: Plusnet will give your personal details to ACS Law with not informing you!!

PN’s lack of reply is just highlighting their disregard for it’s customers. This isn’t a big enough problem for them, we are just flea’s biting at their ankles.
PN’s Dave Tomlinson had plenty to say on this subject back in November 2007 http://community.plus.net/blog/2007/11/28/file-sharing-letters/
He states
Quote
We have no way of knowing whether customers knowingly downloaded the files themselves, whether another member of their household/workplace downloaded it or whether it was done via an insecure network
and
Quote
While I’m not trying to defend copyright theft neither am I in total agreement with the action taken
Your subscribers have no way of identifying an infringer either, but don’t you worry about it…just keep dishing out those names and addresses to Solicitors so that they can make a quick buck out of us.
This has been going on for years and still PN are not doing anything. While PN dawdle more and more of their customers are threatened.
It’s NOT anti-piracy. It’s a revenue generating business.
Here’s the format in simple terms for you Plusnet:
Copyright owner hands over the right to distribute his work to an IP Harvesting company.
The IP Harvesting company farms your subscribers IP’s
A court order is applied for and is used to force you to dish out the corresponding names and addresses for the IP’s.
They use a Solicitor who then sends a letter to the subscriber demanding that they pay up or risk being taken to court.
They leave the copyright works on the Torrent site so that more IP’s can be harvested at a later date.
Your frightened subscriber pays up (even if they are innocent).
The bulk of this money goes to the solicitor (hence why he likes this process so much)
Then a large percentage goes to the IP Harvesting Company. (very nice thank you)
Then…a small amount for the copyright owner (they are pleased that their ‘flopped record’ is at least making some money for them).
It’s a process condemned by many organizations and banned in other countries. http://www.zdnet.co.uk/news/networking/2010/01/29/bpi-condemns-copyright-cash-demands-40012773/
The only thing stopping this getting totally out of hand is the many solicitors that have refused to take up this process because they know full well that it is an abuse of the legal process.
So Plusnet,
Why are you not appealing against the Norwich Pharmacal Orders?
Why are you not challenging the evidence presented? Don’t look at us…we can’t challenge it until we are taken to court (which wont happen as the threat is just a scare tactic).
Why are you not simply refusing to co-operate? Talk Talk don’t…what repercussions did they get? None…in fact they got great publicity and an increase in customers.
Can we have a statement from PN please to confirm that you have or have not received the data from ACS Law and that you are or are not going to refuse to contest future court orders? And can you please do it very soon.
Toolbox
Grafter
Posts: 180
Registered: ‎14-04-2010

Re: Plusnet will give your personal details to ACS Law with not informing you!!

Quote from: mrmarkus1981
If i find out that after all the publicity and news reported on this issue, that Plusnet have handed out its customers details again, i will be leaving and joining another ISP, i dont want to but its ridiculous that this is not being taken as seriously as it should.
I hope those that are worried about this SCAM or those that have already been affected, consider changing their provider too.

I have only been here a few months but I am already thinking of leaving over this issue and going to Zen internet who I notice were not on the ISP list requesting customer details.
If they release any more I will be gone even though I have never had a letter or even expect one.
I am on a monthly contract so can leave anytime I like.
Gel
Aspiring Champion
Posts: 2,366
Thanks: 296
Fixes: 29
Registered: ‎02-08-2007

Re: Plusnet will give your personal details to ACS Law with not informing you!!

Has this been looked into by Information Commissioner’s Office?
Doing a search for "ACS" shows nothing newer than 2008.
davethir
Grafter
Posts: 178
Registered: ‎07-05-2010

Re: Plusnet will give your personal details to ACS Law with not informing you!!

D Day + 8
8 Days past the Deadline and still not even an acknowledgement from Plusnet.
Plusnet, This will not just "GO AWAY" .We your paying subscribers (Who are mostly under no obligation to stay with this ISP) would like you to publish the details of the report you should have received from ACS Law.
ACS Law will be going to the High Court soon to get the ISP's to hand over another batch of NAMES and ADDRESSES of  PAYING SUBSCIBERS, If you are holding information which can be used to stop them getting the court order, as the definition of the NPO (Court order) is
Quote
"The person seeking the court order must have a genuine intention of commencing proceedings. "

If they have had many thousands of names and addresses and not taken ANY to court then this is clearly an abuse of this Order.
Plusnet, please acknowledge this Thread, and give us some information.
Signed
A PAYING SUBSCRIBER of 10 Years
(But perhaps not for much longer)
davethir
Grafter
Posts: 178
Registered: ‎07-05-2010

Re: Plusnet will give your personal details to ACS Law with not informing you!!

Plusnet,
Today is the Day. ACS Law are back in the High Court to get another batch of Subscibers, WE NEED AN ANSWER TODAY. if we get it we can tell the judge that there is no intention of pursueing the alledged infringers through the court.http://www.hmcourts-service.gov.uk/cms/list_chancery_masters.htm
Quote
Proceedings Before the Masters – Chancery Division

ROOM TM7.08
Before CHIEF MASTER WINEGARTEN
Wednesday 7th July 2010
At 11 o’clock
Ballinas-Olsson v BE Unlimited
At half past 11
Media C.A.T. v BE Unlimited

PLUSNET. If you have the document which can put an end tothis mess, You must publish before 11:00 this morning
Tidgy
Grafter
Posts: 80
Registered: ‎09-06-2009

Re: Plusnet will give your personal details to ACS Law with not informing you!!


I'd love to be able to attend.
I have no idea if other ISP's are on the list. Plusnet are you attending?
davethir
Grafter
Posts: 178
Registered: ‎07-05-2010

Re: Plusnet will give your personal details to ACS Law with not informing you!!

Sorry to push you on this but ACS Law are back in court this morning to get another batch of addresses. there will be people at the court so they can give the judge the information, or hopefully you will have sent a team of lawyers to the court to produce the information yourselves.
Yahay.......PLUSNET SAVES THE DAY BY TELLING THE JUDGE THAT ACS LAW HAVE NO INTENTION OF PROCEEDING AND WE OBJECT
Roll_eyes
Meanwhile back in reality.....PLUSNET DOES NOTHING  Angry
Tidgy
Grafter
Posts: 80
Registered: ‎09-06-2009

Re: Plusnet will give your personal details to ACS Law with not informing you!!

Quote from: Gel
Has this been looked into by Information Commissioner’s Office?
Doing a search for "ACS" shows nothing newer than 2008.

This avenue has already been explored in great depth and sadly there is nothing the ICO can do at present. This whole scheme is run within the boundaries of the current law. The questionable area is where the Norwich Pharmacal Order is used in order to obtain thousands of people's data without the real intent to proceed to court. Hence this is why we need to prove that ACS Law are NOT using it in the correct manner.
Plusnet have the means to do this. The list that was requested  in one of the last court order applications will detail how many people have been pursued through the courts. If the list shows that ACS law are not pursuing individuals then this will prove thier actions and use of the court order are not as intended by the courts. It's this information we the 'accused' need in order to highlight it to our MP's and consumer watchdog organisations amongst other things.
Plusnet just have to tell us the results...........
davethir
Grafter
Posts: 178
Registered: ‎07-05-2010

Re: Plusnet will give your personal details to ACS Law with not informing you!!

I have spoken to PlusNet and have been told that they will be responding to this thread imminently
I hope it is before 11 oClock
mrmarkus1981
Grafter
Posts: 647
Registered: ‎26-02-2008

Re: Plusnet will give your personal details to ACS Law with not informing you!!

The hole in my arse will heal over before we get a SATISFACTORY answer from BT
Toolbox
Grafter
Posts: 180
Registered: ‎14-04-2010

Re: Plusnet will give your personal details to ACS Law with not informing you!!

5 mins to go.
Can you imagine the bad press Plusnet will get if they could have stopped the new court action and did nothing?
davethir
Grafter
Posts: 178
Registered: ‎07-05-2010

Re: Plusnet will give your personal details to ACS Law with not informing you!!

Yes, Thats the reason i posted so early in the morning and why i rang their customer services and asked to speak to someone from the Legal team, but was told that Chris Parr would be responding to this thread imminently.
Still no response and the first of the NPO's is being heard now, for a german company who is trying to get on the bandwagon. ACS law may also be representing them - we dont know yet.
davethir
Grafter
Posts: 178
Registered: ‎07-05-2010

Re: Plusnet will give your personal details to ACS Law with not informing you!!

I have spoken to Customer services again and i have been assured by a J B. that the issue is being discussed by the management and the legal team, and they are looking into it as a matter of urgency.
I pointed out that the time is now 1130 and the Court is in session!