Digital Economy Act Affected By ACS:Law Ruling Added: Saturday, February 12th, 2011
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
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Judge Birss QC at the Patents County Court finally announced his ruling in the copyright infringement case involving anti-piracy law firm ACS:Law and its client MediaCAT against 27 suspected file-sharers. Since Birss was constantly damning the process, some of the issues he raised might have serious consequences for the British Digital Economy Act.
Judge Colin Birss QC announced his decision in the hearing for MediaCAT. Actually, the full judgment comprises more than 17,000 words, representing an almost-encyclopedic catalogue of the mistakes, misrepresentations, and insufficiently considered legal stance of the law firm ACS:Law and its client.
The judgement discusses the hearings in January and the interesting business model that led these cases to the courtroom. The ruling investigates the operational practices used by ACS:Law, along with the other anti-piracy law firms employing the same “pay-up-or-else” scheme.
The judgement includes almost no good word said about the anti-piracy lawyers, and is damning with good reason, revealing the genuine motivation behind the ACS:Law. Judge Birss QC said that simple arithmetic reveals that the amounts involved in the MediaCAT exercise are quite considerable: ten thousand warnings demanding $800 each would generate over $1.5 million even if only 20% of the defendants agreed to pay. This way, it becomes clear that the main incentive behind so-called “speculative invoicing” was money generation for the attorneys involved rather than performing a role of copyright protection organization.
Meanwhile, the ruling brings us back to the Digital Economy Act (DEA), which was pushed through Parliament within the “wash up” period last year with multiple elemental flaws, regardless of the fact that a massive majority of the public opposed this underdeveloped bill. Now the Act will be reconsidered in a judicial review scheduled for March upon the application of Internet service providers BT and TalkTalk. In addition, Birss has also judicially questioned the key concept behind the “three-strikes” regime, referring to the issue that it’s impossible to know for sure that the owner of identified IP address is related to the claimed infringement at all.
In other words, one of the wise judges in the court system has demonstrated that the British do have reason to hope that justice may yet prevail, at least regarding the controversial copyright legislation.
Thanks to TorrentFreak for providing the source of the article
February 12th,2011Posted by:
Saturday, February 12th, 2011No comments
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