ACS:Law
Encyclopedia
ACS:Law was a United Kingdom law firm
specialising in intellectual property
law. Prior to 2009, its most notable case was the defence of a British national accused of public indecency in Dubai
. The firm is best known for its actions against persons allegedly infringing copyright
through peer-to-peer file sharing
. The firm ceased pursuing file sharers in January 2011 and ceased trading on 3rd February 2011.
, in 2002 and again in 2006. In August 2010, the Solicitors Regulation Authority confirmed that Crossley was being summoned to his third disciplinary tribunal, in response to ACS:Law's action against suspected copyright infringers.
through peer-to-peer file sharing
in May 2009. In November 2009, they announced plans to initiate claims against a further 25,000 individuals; a batch of 10,000 dunning letters
were sent out in the first two weeks of January 2010.
ACS:Law say that "the majority" of people choose to settle outside of court rather than fight the claims, but others claim that only 15-40% of people threatened end up paying. According to Crossley, ACS:Law had recovered almost £1 million from suspected copyright infringers by April 2010. In the Patents County Court
in January 2011, it was revealed that Crossley takes 65% of the money recovered, with only 30% going to copyright holders. One of ACS:Law's clients is the Frankfurt
based company DigiProtect, whose motto is "turn piracy into profit".
(SRA) about the conduct of ACS:Law constituted more than 16% of all complaints to the body for the whole month, and the SRA confirmed that the firm were under investigation. By July 2010, the SRA had received a record 418 official complaints from members of the public.
In August 2010, the SRA ruled that ACS:Law had "a case to answer" regarding its campaign against suspected copyright infringement, and would refer the case to the Solicitors Disciplinary Tribunal (SDT). It is the third disciplinary tribunal for Crossley. It is expected that the tribunal will deliver its judgement by the end of 2011.
Crossley has engaged the services of Andrew Hopper
QC who, according to Crossley "literally wrote the SRA rules", to assist in his defence against the SRA/SDT. In a letter to the Law Society Gazette, Crossley complained about "the repeated attempts [of ACS:Law's critics] to whip up hysteria and public outcry" regarding ACS:Law's action.
Andrew Crossley attended a "Pre-Listing Day" at the Solicitors Disciplinary Tribunal on 3 June 2011.
as part of Operation Payback
. When asked about the attacks, Crossley said: "It was only down for a few hours. I have far more concern over the fact of my train turning up 10 minutes late or having to queue for a coffee than them wasting my time with this sort of rubbish."
When the site came back online, a 350MB
file which was a backup of the site was visible to anyone for a short period of time. The backup, which included copies of emails sent by the firm, was downloaded and made available as a torrent. Some of the emails contained unencrypted Excel
spreadsheets, listing the names and addresses of people that ACS:Law had accused of illegally sharing media. One contained over 5,300 Sky broadband
customers whom they had accused of illegally sharing pornography
, while another contained the details of 8,000 Sky customers and 400 Plusnet
customers accused of infringing the copyright on music by sharing it on peer-to-peer networks
. This alleged breach of the Data Protection Act became part of an investigation into ACS:Law by the Information Commissioner's Office.
In May 2011, ACS:Law was fined £1000 for the privacy breach, with the Information Commissioner Christopher Graham
commenting: "Were it not for the fact that ACS:Law has ceased trading so that Mr Crossley now has limited means, a monetary penalty of £200,000 would have been imposed, given the severity of the breach." Graham criticised ACS:Law for having computer security measures that "were barely fit for purpose in a person's home environment, let alone a business handling such sensitive details." The consumer group Which?
described the £1000 fine as "paltry".
in London by Judge Colin Birss. Shortly after proceedings started, ACS:Law attempted to drop the case. It was also reported that barristers for ACS:Law failed to provide vital documents due to them being "in storage". As the copyright holders were not present in court, Judge Birss was unable to end the case in a "simple" fashion. Judge Birss criticised ACS:Law, saying the case was "mind-boggling".
Through a statement read to court on 24 January 2011, Crossley announced that he was withdrawing from pursuing claims against alleged illegal file sharers, citing criminal attacks and bomb threats as reasons. In response, Judge Colin Birss said "I am not happy. I am getting the impression with every twist and turn since I started looking at these cases that there is a desire to avoid any judicial scrutiny". On 8 February 2011, Judge Birss told ACS:Law that the claims which had been brought to court could not be discontinued without the permission of the copyright holders, and a further hearing was set for 16 March. At this hearing the cases were officially closed. The judge deferred a decision on legal costs, saying: "If ever there was a case with conduct out of the norm it was this one".
.
through peer-to-peer file sharing
by the IP address
of the internet user's connection. However, ACS:Law's use of Logistep's technology has been the subject of an investigation by Which?
, who said that "innocent people are being accused". Following the batch of 10,000 letters sent in January 2010, over 150 people contacted Which? saying that they had been falsely accused. In an interview with The Guardian
, one person who had received letters from ACS:Law commented: "ACS:Law act as investigator, judge and jury without any regard for who their actions affect."
Researchers in Washington DC found that the technology often results in false positives. ACS:Law responded saying "we are happy that the information we get is completely accurate". A study by the ISP TalkTalk
showed that unsecured wi-fi
networks can easily be accessed without permission, leading to innocent users being accused of activity carried out by a third party. Andrew Heaney, spokesman for TalkTalk, explained "the lack of presumption of innocence and the absence of judicial process combined with the prevalence of wi-fi hacking will result in innocent people being [blamed]".
through peer-to-peer file sharing
were won by default when the defendants failed to appear. The firm has admitted that they have yet to successfully prove a case in court. ACS:Law state that "it has been said that we have no intention of going to court but we have no fear of it".
rejected eight attempts by ACS:Law to seek default judgements in the Patents County Court
. Citing issues including the failure to establish the age of the persons who might have downloaded the material, Birss stated: "In all these circumstances, a default judgment arrived at without notice by means of an essentially administrative procedure, even one restricted to a financial claim, seems to me to be capable of working real injustice."
(BPI) said "our view is that legal action is best reserved for the most persistent or serious offenders - rather than widely used as a first response", adding that they would not be adopting the tactics of ACS:Law.
in response to ACS:Law's action; many of the participants of these forums offer legal advice and actively organize against ACS:Law. ACS:Law sent Slyck.com a legal notice claiming defamation and threatening a lawsuit.
Law firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other...
specialising in intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
law. Prior to 2009, its most notable case was the defence of a British national accused of public indecency in Dubai
Dubai
Dubai is a city and emirate in the United Arab Emirates . The emirate is located south of the Persian Gulf on the Arabian Peninsula and has the largest population with the second-largest land territory by area of all the emirates, after Abu Dhabi...
. The firm is best known for its actions against persons allegedly infringing copyright
Copyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
through peer-to-peer file sharing
Peer-to-peer file sharing
P2P or Peer-to-peer file sharing allows users to download files such as music, movies, and games using a P2P software client that searches for other connected computers. The "peers" are computer systems connected to each other through internet. Thus, the only requirements for a computer to join...
. The firm ceased pursuing file sharers in January 2011 and ceased trading on 3rd February 2011.
Firm
The main partner of the firm, and its only registered solicitor, was Andrew Crossley. Crossley has twice been found guilty of conduct unbefitting a solicitor by the Solicitors Regulation AuthoritySolicitors Regulation Authority
The Solicitors Regulation Authority was launched on 29 January 2007. It is the regulatory body for more than 120,000 solicitors in England and Wales...
, in 2002 and again in 2006. In August 2010, the Solicitors Regulation Authority confirmed that Crossley was being summoned to his third disciplinary tribunal, in response to ACS:Law's action against suspected copyright infringers.
Action against suspected copyright infringement
ACS:Law first started claims against suspected copyright infringementCopyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
through peer-to-peer file sharing
Peer-to-peer file sharing
P2P or Peer-to-peer file sharing allows users to download files such as music, movies, and games using a P2P software client that searches for other connected computers. The "peers" are computer systems connected to each other through internet. Thus, the only requirements for a computer to join...
in May 2009. In November 2009, they announced plans to initiate claims against a further 25,000 individuals; a batch of 10,000 dunning letters
Dunning (process)
Dunning is the process of methodically communicating with customers to ensure the collection of accounts receivable. Communications progress from gentle reminders to almost threatening letters as accounts become more past due. Laws in each country regulate the form that dunning can take. It is...
were sent out in the first two weeks of January 2010.
ACS:Law say that "the majority" of people choose to settle outside of court rather than fight the claims, but others claim that only 15-40% of people threatened end up paying. According to Crossley, ACS:Law had recovered almost £1 million from suspected copyright infringers by April 2010. In the Patents County Court
Patents County Court
In the legal system of Courts of England and Wales, the Patents County Court in London is an alternative venue to the Patents Court of the High Court for bringing legal cases involving certain matters concerning patents, registered designs and, more recently, trade marks, including Community trade...
in January 2011, it was revealed that Crossley takes 65% of the money recovered, with only 30% going to copyright holders. One of ACS:Law's clients is the Frankfurt
Frankfurt
Frankfurt am Main , commonly known simply as Frankfurt, is the largest city in the German state of Hesse and the fifth-largest city in Germany, with a 2010 population of 688,249. The urban area had an estimated population of 2,300,000 in 2010...
based company DigiProtect, whose motto is "turn piracy into profit".
Solicitors Regulation Authority investigation and tribunal
In September 2009, complaints made to the Solicitors Regulation AuthoritySolicitors Regulation Authority
The Solicitors Regulation Authority was launched on 29 January 2007. It is the regulatory body for more than 120,000 solicitors in England and Wales...
(SRA) about the conduct of ACS:Law constituted more than 16% of all complaints to the body for the whole month, and the SRA confirmed that the firm were under investigation. By July 2010, the SRA had received a record 418 official complaints from members of the public.
In August 2010, the SRA ruled that ACS:Law had "a case to answer" regarding its campaign against suspected copyright infringement, and would refer the case to the Solicitors Disciplinary Tribunal (SDT). It is the third disciplinary tribunal for Crossley. It is expected that the tribunal will deliver its judgement by the end of 2011.
Crossley has engaged the services of Andrew Hopper
Andrew Hopper
Andrew Hopper Q.C. is a British solicitor who specialises in the professional regulation of solicitors. Hopper acts for the Solicitors Disciplinary Tribunal of the Solicitors Regulation Authority, which regulates solicitors in England and Wales...
QC who, according to Crossley "literally wrote the SRA rules", to assist in his defence against the SRA/SDT. In a letter to the Law Society Gazette, Crossley complained about "the repeated attempts [of ACS:Law's critics] to whip up hysteria and public outcry" regarding ACS:Law's action.
Andrew Crossley attended a "Pre-Listing Day" at the Solicitors Disciplinary Tribunal on 3 June 2011.
Investigation by the Information Commissioner
On 21 September 2010, the website of ACS:Law was subjected to a DDoS attack suspected to be coordinated by online group AnonymousAnonymous (group)
Anonymous is an international hacking group, spread through the Internet, initiating active civil disobedience, while attempting to maintain anonymity. Originating in 2003 on the imageboard 4chan, the term refers to the concept of many online community users simultaneously existing as an anarchic,...
as part of Operation Payback
Operation Payback
Operation Payback is a coordinated, decentralized group of attacks on opponents of Internet piracy by Internet activists using the "Anonymous" moniker - a group sometimes affiliated with the website 4chan. Operation Payback started as retaliation to distributed denial of service attacks on torrent...
. When asked about the attacks, Crossley said: "It was only down for a few hours. I have far more concern over the fact of my train turning up 10 minutes late or having to queue for a coffee than them wasting my time with this sort of rubbish."
When the site came back online, a 350MB
Megabyte
The megabyte is a multiple of the unit byte for digital information storage or transmission with two different values depending on context: bytes generally for computer memory; and one million bytes generally for computer storage. The IEEE Standards Board has decided that "Mega will mean 1 000...
file which was a backup of the site was visible to anyone for a short period of time. The backup, which included copies of emails sent by the firm, was downloaded and made available as a torrent. Some of the emails contained unencrypted Excel
Microsoft Excel
Microsoft Excel is a proprietary commercial spreadsheet application written and distributed by Microsoft for Microsoft Windows and Mac OS X. It features calculation, graphing tools, pivot tables, and a macro programming language called Visual Basic for Applications...
spreadsheets, listing the names and addresses of people that ACS:Law had accused of illegally sharing media. One contained over 5,300 Sky broadband
Sky Broadband
Sky Broadband is an internet service provider for Sky customers.As of March 2008 Sky claims to have reached 1.428 million customers, and unbundled 1,179 exchanges, covering 70% of the United Kingdom. In October 2007, Sky reached the 1 million mark in terms of customer numbers, and claim to be...
customers whom they had accused of illegally sharing pornography
Pornography
Pornography or porn is the explicit portrayal of sexual subject matter for the purposes of sexual arousal and erotic satisfaction.Pornography may use any of a variety of media, ranging from books, magazines, postcards, photos, sculpture, drawing, painting, animation, sound recording, film, video,...
, while another contained the details of 8,000 Sky customers and 400 Plusnet
Plusnet
Plusnet is an Internet Service Provider based in Sheffield, South Yorkshire, England. Plusnet was floated on the Alternative Investment Market in July 2004, making them a Public limited company . It has been owned since 30 January 2007 by BT Group, but operates as a separate business...
customers accused of infringing the copyright on music by sharing it on peer-to-peer networks
Peer-to-peer file sharing
P2P or Peer-to-peer file sharing allows users to download files such as music, movies, and games using a P2P software client that searches for other connected computers. The "peers" are computer systems connected to each other through internet. Thus, the only requirements for a computer to join...
. This alleged breach of the Data Protection Act became part of an investigation into ACS:Law by the Information Commissioner's Office.
In May 2011, ACS:Law was fined £1000 for the privacy breach, with the Information Commissioner Christopher Graham
Christopher Graham
Christopher Sidney Matthew Graham is the UK Information Commissioner. He took over the role from Richard Thomas on 29 June 2009...
commenting: "Were it not for the fact that ACS:Law has ceased trading so that Mr Crossley now has limited means, a monetary penalty of £200,000 would have been imposed, given the severity of the breach." Graham criticised ACS:Law for having computer security measures that "were barely fit for purpose in a person's home environment, let alone a business handling such sensitive details." The consumer group Which?
Which?
Which? is a product-testing and consumer campaigning charity with a magazine, website and various other services run by Which? Ltd ....
described the £1000 fine as "paltry".
Court case and withdrawal from action against file sharers
In January 2011, ACS:Law, acting for its client MediaCAT, attempted to gain judgements against 26 suspected illegal file sharers. The case was heard in the Patents County CourtPatents County Court
In the legal system of Courts of England and Wales, the Patents County Court in London is an alternative venue to the Patents Court of the High Court for bringing legal cases involving certain matters concerning patents, registered designs and, more recently, trade marks, including Community trade...
in London by Judge Colin Birss. Shortly after proceedings started, ACS:Law attempted to drop the case. It was also reported that barristers for ACS:Law failed to provide vital documents due to them being "in storage". As the copyright holders were not present in court, Judge Birss was unable to end the case in a "simple" fashion. Judge Birss criticised ACS:Law, saying the case was "mind-boggling".
Through a statement read to court on 24 January 2011, Crossley announced that he was withdrawing from pursuing claims against alleged illegal file sharers, citing criminal attacks and bomb threats as reasons. In response, Judge Colin Birss said "I am not happy. I am getting the impression with every twist and turn since I started looking at these cases that there is a desire to avoid any judicial scrutiny". On 8 February 2011, Judge Birss told ACS:Law that the claims which had been brought to court could not be discontinued without the permission of the copyright holders, and a further hearing was set for 16 March. At this hearing the cases were officially closed. The judge deferred a decision on legal costs, saying: "If ever there was a case with conduct out of the norm it was this one".
Successor firms
During the court case of January 2011, some of the 26 individuals who had had their cases dropped by ACS:Law then received a letter from GCB Ltd, a new law firm. In court, Judge Colin Birss questioned Andrew Crossley about his relationship to GCB Ltd. Crossley admitted that the founders of GCB Ltd had previously been employed by him at ACS:Law. In the 8 February 2011 judgment, Judge Birss commented that attempting to pursue claims through GCB whilst discontinuing the court claims was "an abuse of the court's process".Investigations by regulatory authorities
As well as the investigation by the Solicitors Regulation Authority, complaints have also been received by The Law Society and the Consumer Action GroupConsumer Action Group
The Consumer Action Group is a UK organisation that campaigns for customer rights, particularly for the recovery of unfair charges imposed by UK banks on their customers....
.
Quality of evidence against suspected copyright infringers
ACS:Law identify suspected copyright infringementCopyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
through peer-to-peer file sharing
Peer-to-peer file sharing
P2P or Peer-to-peer file sharing allows users to download files such as music, movies, and games using a P2P software client that searches for other connected computers. The "peers" are computer systems connected to each other through internet. Thus, the only requirements for a computer to join...
by the IP address
IP address
An Internet Protocol address is a numerical label assigned to each device participating in a computer network that uses the Internet Protocol for communication. An IP address serves two principal functions: host or network interface identification and location addressing...
of the internet user's connection. However, ACS:Law's use of Logistep's technology has been the subject of an investigation by Which?
Which?
Which? is a product-testing and consumer campaigning charity with a magazine, website and various other services run by Which? Ltd ....
, who said that "innocent people are being accused". Following the batch of 10,000 letters sent in January 2010, over 150 people contacted Which? saying that they had been falsely accused. In an interview with The Guardian
The Guardian
The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
, one person who had received letters from ACS:Law commented: "ACS:Law act as investigator, judge and jury without any regard for who their actions affect."
Researchers in Washington DC found that the technology often results in false positives. ACS:Law responded saying "we are happy that the information we get is completely accurate". A study by the ISP TalkTalk
TalkTalk
TalkTalk is a pay television, telecommunications and internet service provider company headquartered in London, United Kingdom...
showed that unsecured wi-fi
Wi-Fi
Wi-Fi or Wifi, is a mechanism for wirelessly connecting electronic devices. A device enabled with Wi-Fi, such as a personal computer, video game console, smartphone, or digital audio player, can connect to the Internet via a wireless network access point. An access point has a range of about 20...
networks can easily be accessed without permission, leading to innocent users being accused of activity carried out by a third party. Andrew Heaney, spokesman for TalkTalk, explained "the lack of presumption of innocence and the absence of judicial process combined with the prevalence of wi-fi hacking will result in innocent people being [blamed]".
Lack of definitive court judgements
The only records of successful court cases brought by ACS:Law in relation to copyright infringementCopyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
through peer-to-peer file sharing
Peer-to-peer file sharing
P2P or Peer-to-peer file sharing allows users to download files such as music, movies, and games using a P2P software client that searches for other connected computers. The "peers" are computer systems connected to each other through internet. Thus, the only requirements for a computer to join...
were won by default when the defendants failed to appear. The firm has admitted that they have yet to successfully prove a case in court. ACS:Law state that "it has been said that we have no intention of going to court but we have no fear of it".
Failure to gain default judgements
In December 2010, Judge Colin Birss QCQueen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
rejected eight attempts by ACS:Law to seek default judgements in the Patents County Court
Patents County Court
In the legal system of Courts of England and Wales, the Patents County Court in London is an alternative venue to the Patents Court of the High Court for bringing legal cases involving certain matters concerning patents, registered designs and, more recently, trade marks, including Community trade...
. Citing issues including the failure to establish the age of the persons who might have downloaded the material, Birss stated: "In all these circumstances, a default judgment arrived at without notice by means of an essentially administrative procedure, even one restricted to a financial claim, seems to me to be capable of working real injustice."
Criticism from the music industry
ACS:Law has been criticised by representatives of the music industry. The British Phonographic IndustryBritish Phonographic Industry
The British Phonographic Industry is the British record industry's trade association.-Structure:Its membership comprises hundreds of music companies including all four "major" record companies , associate members such as manufacturers and distributors, and hundreds of independent music companies...
(BPI) said "our view is that legal action is best reserved for the most persistent or serious offenders - rather than widely used as a first response", adding that they would not be adopting the tactics of ACS:Law.
Criticism in the House of Lords
On 26 January 2010 Lord Lucas spoke out against the activities of law firms, including ACS:Law, calling it "blackmail" and explaining:- We must also do something about the quantum of damages that is being sought. In a civil procedure on a technical matter, it amounts to blackmail; the cost of defending one of these things is reckoned to be £10,000.
Attempts to silence Slyck.com
ACS:Law has also been accused of attempting to silence some of their critics. Three major discussion forums were started on Slyck.comSlyck.com
Slyck.com is a website dedicated to file sharing. It offers news, reviews, and opinion, and has a user forum.-History of Slyck:Slyck began operations as Slyway.com in 2000, owned by Ray Hoffman. During this time, Slyck was an aggregate news site with some original content. It also had guides to the...
in response to ACS:Law's action; many of the participants of these forums offer legal advice and actively organize against ACS:Law. ACS:Law sent Slyck.com a legal notice claiming defamation and threatening a lawsuit.
See also
- Capitol v. ThomasCapitol v. ThomasCapitol v. Thomas was the first file-sharing copyright infringement lawsuit in the United States brought by major record labels to be tried before a jury. The defendant, Jammie Thomas-Rasset, was found liable in a 2007 trial for infringing 24 songs and ordered to pay $222,000 in statutory damages...
- Copyright law of the United KingdomCopyright law of the United KingdomThe modern concept of copyright originated in the United Kingdom, in the year 1710, with the Statute of Anne.The current copyright law of the United Kingdom is to be found in the Copyright, Designs and Patents Act 1988 , as amended...
- Digital Economy Act 2010Digital Economy Act 2010The Digital Economy Act 2010 is an Act of the Parliament of the United Kingdom regulating digital media. Introduced by Peter Mandelson, Lord Mandelson, it received Royal Assent on 8 April 2010, and came into force on 8 June 2010 The Digital Economy Act 2010 (c. 24) is an Act of the Parliament of...
- MediaDefenderMediadefenderMediaDefender, Inc. is a company that offers services designed to prevent alleged copyright infringement using peer-to-peer distribution. They are controversial because of their use of unusual tactics such as flooding peer-to-peer networks with decoy files that tie up users' computers and...
- Norwich Pharmacal orderNorwich Pharmacal Co. v Customs and Excise CommissionersNorwich Pharmacal Co. & Others v Customs and Excise Commissioners [1974] AC 133 was a case involving the owner and exclusive licensee of a patent for an antibacterial called furazolidone. Between 1960 and 1970 unlicensed shipments of the chemical were imported into Britain, but Norwich Pharmacal...