• The legal blackmail business: inside a P2P settlement factory

    After reading through many hundreds of e-mails, one thing becomes clear: ACS Law operates a rather boring business. That is, there's no juvenile gloating, no sinister cackling, no profanity-laced tirades (ok, there are a few tirades). The dominant picture is of a sober operation that spends most of its time in mind-numbing scanning and database work. They even reply personally to letters. Sure, all this work is in the service of dreck like Granny F—, but this is just a business, and Crossley is just a middle-aged solicitor trying to run an efficient operation.
    But the effects of this operation on those accused of infringement are remarkable. The e-mail trove is stuffed with anguished pleas like this:
    I was in total shock after receiving the letter I received from you today as explained in the telephone conversation. I will say that I was not the person responsible for this infringement. The only person who it could have been would be my son who is [name redacted]. I would never entertain the idea of downloading such a thing—in fact I do not even know how to download any type of software. I only use the internet for Ebay and emails. I also go on dating sites and facebook. This is where my knowledge of computers stops. I do not understand what P2P is....
    At the time of the download, to my knowledge my son was visiting my home. I have no idea what he was looking at on my computer. I must add that I do not tolerate any such pornographic material. This letter has upset me greatly and I have spoken to my ex husband who also called yourself with regard to this matter.
    Most of the notices seem to have gone to parents, as one would expect from a program targeting ISP account holders. But many of the parents seem baffled:
    I have today received a legal notification from you that a pornographic film was downloaded from my internet connection in October 2009.I immediately phoned your contact number and was told to put my comments in writing. I am obviously shocked both at this alleged illegal activity and the fact that the title appears to be of an offensive nature. I can confirm that i have no knowledge of this download being carried out at my home address. I have checked my computer and my sons computer for any reference to this file (using windows search function) and have found no trace.I have spoken to my two sons about downloads (They are 8 and 12) but obviously not about the nature of this file and to be honest they know even less than me. My oldest child has used i tunes and downloaded games from a site called friv.com but these claim to be free. Is this true? or will it also result in copyright issues ?
    Others are offended at the titles they are accused of sharing:
    I am no prude and can see what type of material something entitled Granny F— is. I am the father of 5 children, 3 of these under the age of 7, and to suggest i would have such material on a computer is what i find offensive. May i also add that i am very anti pornography, having been abused as a child by someone who would use porn films before abusing me .this is why i am totally anti porn.
    Then come the "innocent infringers," though some of these explanations can feel a bit... strained.
    on the date 16-11-2009 at 16.35 i was browsing the internet namely bt junkie ,without going into a long story i accidentely pressed the download button for the copyright protected file british granny f— 5@6 which then opened my bittorrent client on my pc which the torrent is sent to with the forementioned file is attached. It normally takes a few minutes for the file to start downloading and before it did i realised what i had done and canceled the file preventing any copyright infringement from taking place. just by starting the download process would have been enough to leave my ip address listed. I hereby appologise for any inconvienience i have caused yourself or your client and can swear at no time was any part of the forementioned copyright protected file downloaded onto my pc or shared with anyone else.
    (I mean, haven't we all, at one time or another, accidentally been browsing BitTorrent sites and accidentally clicked on a film called Granny F—?)
    Others took responsibility for their actions:
    I am writing in response to the recent letter my father [name redacted] received on the 13.04.2010 based on the subject of infringement of copyright. I would firstly like to state that I am solely responsible for this and I [name redacted] take full responsibility. I have read through all the information that you have supplied and I understand how serious the matter is—since last year 2009 I have not downloaded any material as I understood how it was a bad thing to do and how it is killing out industry.
    I do take responsibility for this issue and I would very much like to ask if the required payment of £495 could somehow possibly be reduced. The reason i am asking this is because I am currently a student and money is a big factor and getting by generally is a hard thing to do.
    Indeed, many of the guilty appear to be kids. Some parents figured it out:
    "I would also like to also say that it was not my sons intention to fileshare this music and was unaware of how file sharing works as am I—I appreciate that this is no excuse but ask you to bear this in mind. As mentioned in previous correspondence from myself I am writing to again explain that my financial circumstances make it impossible for me to pay £400 in one go or even at £40 per month I am in extreme financial hardship with mounting debts and do not have any spare money - if you were to take this to court I would be unable to even pay the basic utility bills or even the necessary food bills.
    If there's one great theme running through these letters, it's the poverty of the respondents. One is a "a single mum living of state benefits who cannot afford to pay any kind of money my daughter is very sorry for any problems caused," while another lives " in the hold of my bank overdraft my money is never my own. We at present find it very hard to make ends meet, at the moment I am trying to amass funds to pay our utility bills for this month and can not see any change in the near future." Students plead hardship due to school fees; many people claim to be unemployed.
    But perhaps most creative are the letters that make no attempt at argument. These are sheer vitriol. One stands out among the rest:
    Go f— your mum you stupid pakistani black jew. You zimbabwean immigrant.
    So listen up fat f—, don't send me another letter. If you do send me another f—ing letter, I will rape your mum against the wall and I will blow up your house and kill you all in a terrorist attack.
    In addition, I want a £3500 cheque written to me for the inconvinience [sic] you have caused me.
    *If you do not reply to this email with a confirmation that you will pay me, I will hunt you down and stab you in the back and blow your d— up.*
    Creative, in an unhinged way. If you had thoughts about going into P2P litigation, consider the sheer migraine-inducingness of getting such messages on a daily basis. Indeed, after reading the correspondence, it's not hard to see why one paralegal who worked at ACS Law during the summer of 2010 told a friend there was "no chance in hell" she would go back.
    Comments 5 Comments
    1. darkmawl's Avatar
      darkmawl -
      Am I a bad person when news of Operation Payback does bring a small smile to my face?
    1. mjmacky's Avatar
      mjmacky -
      only if it was wrong to smile when you heard this:
      “Let me tell you ‘What Now?’, I’m gonna call a couple of hard pipe-hitting niggers to go to work on the homes here with a pair of pliers and a blow torch. YOU HEAR ME TALKING HILLBILLY BOY! I ain’t through with you by a damn sight. I'ma get medieval on your ass.”
    1. bobbintb's Avatar
      bobbintb -
      Quote Originally Posted by darkmawl View Post
      Am I a bad person when news of Operation Payback does bring a small smile to my face?
      no
    1. Joshtch's Avatar
      Joshtch -
      Too bad those "f--kers" would never actually buy his films anyway. Too bad torrenting actually brings greater awareness/publicity to the existence of those films. Nooo... let's litigate their asses because that's obviously the best course of action.
      Bastards.
      And this isn't unique to filesharing, either: "legal blackmail" happens all the time in the banking industry, and it's a damn shame.
    1. nye's Avatar
      nye -
      This isn't just a filesharing issue. Law firms get a huge amount of revenue from all kinds of settlement cases.