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Re: ACS Law - embarassed and cracked wide open
Gallant Mcmillan in court Senior Judge Warns of End To File-Sharing Cash Demands | TorrentFreak last monday adjourned to today - could be interesting,
Gallant Mcmillan in court Senior Judge Warns of End To File-Sharing Cash Demands | TorrentFreak last monday adjourned to today - could be interesting,
London before judge Chief Master Winegarten (CMW). Other ISPs detailed were BT, Sky and O2/Be Unlimited. Among those who have been tirelessly campaigning against these actions, it’s long been hoped that CMW, a senior high court judge with a wealth of experience in this area, would take a more critical approach with these cases than he has done in the past. On Monday, for once, things didn’t go quite to plan for the applicants.
Although it’s thought that more than 100,000 identities have been handed over to lawyers like Gallant Macmillan and ACS:Law, worryingly CMW confirmed during the hearing that he didn’t possess the technical expertise to assess the nature or reliability of the evidence being used in the cases.
Not only that, CMW also told the court that he had been surprised at the amount of mail he had received from concerned individuals and remarked that this wouldn’t happen if there wasn’t a large degree of misaccusation.
“There wouldn’t be this hue and cry unless you were pursuing people who were innocent,” he told the applicants.
Condemning the actions as a “huge sledgehammer to crack a nut”, CMW pondered, “I can’t understand why in these thousands – hundreds of thousands – [of letters sent out] no-one has been sued.”
Although it’s thought that more than 100,000 identities have been handed over to lawyers like Gallant Macmillan and ACS:Law, worryingly CMW confirmed during the hearing that he didn’t possess the technical expertise to assess the nature or reliability of the evidence being used in the cases.
Not only that, CMW also told the court that he had been surprised at the amount of mail he had received from concerned individuals and remarked that this wouldn’t happen if there wasn’t a large degree of misaccusation.
“There wouldn’t be this hue and cry unless you were pursuing people who were innocent,” he told the applicants.
Condemning the actions as a “huge sledgehammer to crack a nut”, CMW pondered, “I can’t understand why in these thousands – hundreds of thousands – [of letters sent out] no-one has been sued.”
The facts are that the judge hearing this case cannot find against the applicant (Ministry of Sound) because the ISP (Plusnet) is the defendant and Plusnet as a company are privately agreeing not to contest these court orders even before they are formally asked for in court. This type of agreement was illustrated very clearly when Plusnet didn’t even bother to send a lawyer.
While we all know that an ISP must comply with a court order once it’s issued, Plusnet and virtually every other ISP in the UK are giving the likes of Gallant Macmillan and ACS:Law a free ride by agreeing not to contest in advance.
While we all know that an ISP must comply with a court order once it’s issued, Plusnet and virtually every other ISP in the UK are giving the likes of Gallant Macmillan and ACS:Law a free ride by agreeing not to contest in advance.
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