What to do if you're accused of file sharing ACS: Law drops file sharing cases

At the end of January 2011 controversial solicitors ACS: Law decided to stop pursuing alleged file sharers.

At Which? we are delighted by this, as we'd previously been alarmed by the way that ACS: Law were targeting consumers. We were contacted by hundreds of people who had been wrongfully accused, and were terrified of court action.

ACS: Law – why was the case thrown out?

In October 2010, ACS: Law brought a case in the Patents County Court (the specialist court that deals with copyright, trade marks and patents).

They accused a number of people of illegally sharing copyrighted material owned by Media CAT, their clients. They wanted to get a quick judgement on cases that were undefended, which would enable them to send similar letters to more suspected file sharers.

However, ACS: Law had accidentally included cases that were defended as well as some that weren't, so they weren't all suitable for a summary judgement. Although they tried to withdraw the cases, Judge Birss decided it was a good opportunity to examine the claims more thoroughly.

In his judgement, handed down in February 2011, he explained that he was 'not happy' with what ACS: Law had brought before him. He said that the claims weren't solid, and the evidence being put forward was untested. Judge Birss added '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.'

Shortly after the ruling it was announced that both ACS: Law and Media CAT had ceased trading.

What if I have received a letter?

If you have had a letter from ACS: Law on behalf of Media CAT claiming illegal file sharing, you can assume that no further action will be taken against you.

In fact, if you have had a letter from ACS on behalf of any other client claiming illegal file sharing, you can probably assume that no further action will be taken. Based on Judge Birss' comments, it would be a foolhardy lawyer that keeps making these claims given the Judge's concerns that the evidence or the law are far from certain.

Will another firm start sending similar letters out?

It's quite unlikely. Media CAT obtained the names and addresses of suspected file sharers by asking courts to force the ISPs to release them. Judge Birss indicated that the courts should be far more careful about doing this.

Another firm wanting to try would find it far more expensive to pursue these cases. There would be a real danger that the claimant would lose and be ordered to pay both their legal fees and those of the defendants.

What if I didn't share files, but I paid the fine?

This is tricky. If you have signed a settlement agreement you may be bound by the terms. In practice it may be more trouble than it is worth to try to challenge the agreement.

There may be group actions that spring up and you might think about joining one of those. If you do, make sure you properly understand what it will cost for you to participate in such a case including if you win but the defendants don't have enough money to pay you or your legal fees.

Andrew Crossley, Head of ACS: Law, has been referred to the Solicitors' Disciplinary Tribunal (SDT). It will probably be worth waiting for the SDT's decision on Mr Crossley, as more information may come to light that could help you decide what to do next. His case is expected to be heard in autumn 2011.