Illegal file sharing consumers to launch harassment case

A Manchester law firm is seeking action against another law firm on behalf of consumers who believe they have been harrassed over illegal file sharing and copyright infringement.

National law firm Ralli has been contacted by consumers who wish to discuss whether letters sent to them by ACS:Law, alleging copyright infringement over "peer to peer" networks amount to harassment.

At a hearing at the Patents County Court, 27 "peer to peer" test cases filed by ACS:Law for its client Media CAT Limited.

During the proceedings, Media CAT Ltd tried, through ACS:Law, attempted to discontinue the proceedings against alleged infringers.

Initially, 27 claims were issued but a small number have now been settled by consent.

At the first hearing on 17th January 2011, Judge Birss QC refused to allow the claims to be dropped in the way proposed by the Claimant without further consideration.

During a second hearing, further issues were raised, including the activities of GCB Limited, who have contacted consumers with similar allegations.

Michael Forrester, from Ralli’s intellectual property and IT law team, said: "We raised issues at the hearing relating to GCB Ltd as a number of concerned consumers have contacted us about this company pursuing them for copyright infringement.

"We are concerned our clients will be subjected to a second round of allegations from the same disputed facts."

Ralli represents a number of the defendants involved in these claims who strongly protest their innocence.

They have also begun work on a group action for those consumers who have received correspondence accusing them of copyright infringement in this way and feel harassed by the allegations.

Mr Forrester added: "The Court was told yesterday that ACS:Law, GCB Ltd and all other companies have stopped sending out letters to consumers.

"This is a welcome step forward, but we also need some comfort for the many people who have already received a letter and continue to protest their innocence.

"Those people must wait a little longer for the Court’s decision.

"The Court may find a way of permanently stopping these firms from pursuing claims of copyright infringement in this way.

"We are dealing with cases where consumers have explained how they cannot possibly have uploaded or downloaded copyright protected material, but they are still pursued.

"The legal basis for the claims made against these alleged file sharers involves complex legal and technical principles. These are extremely difficult for a lay person to understand and can mean an innocent person is being pursued.

"It can be incredibly upsetting for people to receive these letters and they may well have a claim in harassment, so I am urging them to come forward."

Judgment has been reserved, but is expected to be handed down in the next few weeks.

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