Despite assurances from GEILs “Commercial Director” Julian Becker that he is NOT connected to ACS:LAWs Andrew Crossley, the release of the template of their Pre-Action letter, shows that he is at least a fan of the format of letter that was developed by Davenport Lyons, and licensed by them to ACS:LAW , who then in turn let Tilly Baily Irvine use them. TBI were the Solicitors for GEIL/BDP.
It is watered down for sure, as I have said all along, it would be a “Refinement”, but it is still essentially the same format with the same evidence, or should that be, LACK OF EVIDENCE.
The letter is really an exercise in Phishing, you would have thought a company who had gone to Court and gained a Norwich Pharmacal order, would at least have some kind of concrete evidence, right? Err no not quite.
The letter states that
“This letter assumes that you, as the internet account holder at your address, were the user of the relevant computer on the day and time in question,” the letter states under the title “Infringing acts.”
“In the event that you were not responsible for the infringing acts outlined above because, for example, another member of your household was the user of the computer, you should make full disclosure to us of the other parties at your residence using your internet connection to make the Work available for download,” the letter states.
“A failure to make such disclosure may lead to a claim being made against you with the court being asked to conclude, on the balance of probabilities, that you were the user of the computer.”
ACS:LAW in their desperation issued a questionnaire that covered the same criteria, GEIL are using it in their initial letter! One thing is missing though and that is a demand for money,(GEIL had wanted to demand £700 per letter, but were slapped down by the High Court), this on the face of things seems a good thing, however, it almost certainly guarantees at least a second letter.
We know from the ACS:LAW cases that when they got to court, they were laughed back out. Judge Birss said of ACS:LAWs client Media C.A.T,
The letter also contains another similarity to the ACS:LAW letter, the “Forensic computer analyst”, Hmm that would be Alireza Torabi, the same one that ACS:LAW used, of course Becker has already stated he had no problems with Torabis system, only Crossleys use, but that is the issue, a lot of the captured data was duff.
One final concern, is that in the Solicitors Regulation Authorities report, they stated,
“Neither MCAT nor the Respondent had evidence that the “Work” had been made available. They had a report from the monitoring company which showed that its software had captured pieces of the two pornographic videos being made available from an IP address at a particular second in time.”
What was true a year ago is as true as today, there IS NO EVIDENCE, that is why the letter is designed to trip up a person who has not infringed but at least could be hoodwinked into paying up. It is a scare tactic being used by a failing pornography business to generate money.. PURE AND SIMPLE
Now what was it that Lindsay Honey (Ben Dover) said? Ahh yes..
Says it all really
EDIT: If YOU receive a letter from Golden Eye International, then contact your local Citizens Advice Center. Citizens Advice Consumer Service (08454 04 05 06) or your local Citizens Advice Bureau And of course post comments here or on the Slyck forums!
This is a response to an interview given by Ben Dover Commercial Director Julian Becker in regard to the O2 sellout of it’s customers. We felt it warranted a response, to correct some of the “mistruths” that occurred in the interview.. (See Bottom of post for original source)
The author, Julian Becker, is Ben Dover Productions’ commercial director. A London jurist decided this week on a key porn BitTorrent ruling in favour of the studio and affiliated company Golden Eye International. The companies can proceed in obtaining IP addresses involving more than 9,000 O2 customers who are alleged to have downloaded Ben Dover movies.
Well actually the Judge ruled that only Ben Dover Productions can pursue this action the other claimants were struck out and told they had to apply themselves. Indeed although you say this is NOT about the money, you were quite willing to take up to 75% of the revenues raised from the other claimants, (The Judges Words not mine) But hey lets not let the truth get in the way.. (2)
My parents, always encouraged me to become a solicitor or an accountant, so I found it most bizarre and ironic that one of the many false accusations that has been directed towards us is that we are a reinvention of ACS Law. I’m sure I wasn’t the only one to raise a smile in court when our barrister produced a pair of Ben Dover boxer shorts as evidence.
It is neither bizarre or ironic for those of us who realize you ARE a reinvention of the “Speculative Invoicing” scheme that was licensed from Davenport Lyons by ACS:LAW, and who collaborated with Tilly Bailey & Irvine, who represented, now who was it? Ahh yes your Company Mr Becker, Golden Eye International. (2) And no, when your barrister produced the underwear most of us saw through this cheap pathetic stunt.
The Hon. Justice Arnold accepted that “there is nothing particularly unusual, let alone objectionable, about the Ben Dover agreement. The mere fact that the copyright works are pornographic films is no reason to refuse the grant of relief, since there is no suggestion that they are obscene or otherwise unlawful. Golden Eye and Ben Dover Productions have a good arguable case that many of the relevant intended defendants have infringed their copyrights. I am satisfied that they do intend to seek redress for those wrongs and that disclosure is necessary to enable them to do so. In these circumstances, I conclude that the claimants’ interests in enforcing their copyrights outweigh the Intended defendants’ interest in protecting their privacy and data protection rights, and thus it is proportionate to order disclosure.”
Well there isn’t anything wrong with it, not all, unless you don’t realize the history of “Speculative Invoicing”, then there is everything wrong with it, but nothing a Judge can do with an organization who presents one argument with the idea of using the information for something else. If you are persuing people who have infringed your copyright, no one would argue, however you are using a flawed system, a system that has already been shown in court as flawed.
I hope this will finally disprove those rumors that associate us with Andrew Crossley, although my mother was disappointed it has been proved that I am indeed a pornographer not a solicitor.
LMAO, well not really, we KNOW you and Andrew Crossley were friends, and I am sure that your Mother is very proud of you, as I am sure the Rabbi of the Synagogue that you provided security to, will be as well.
Its positive that the court acknowledges that we have the right to take this action and protect our content. This action has been inspired by our core business being decimated by piracy and we are pursuing several projects in combating both the Internet sites that facilitate online piracy as well as the end violators and the physical DVD pirates. Our clothing, merchandise and events business was initiated very much in response to our core film business being so negatively impacted by different forms of piracy. Due to the nature of the way most consumers view adult content, the adult business has been affected far worse than mainstream film due to the fact that the pirates cannot replicate the cinematic experience of mainstream movies.
It may be the fact that your films are not watched as from what I understand they feature a disturbing and ageing man, who seduces younger woman in some bizarre amateurish nonsense. Who the hell wants to see a poor Keith Harris lookalike doing porn films… I mean seriously.
The court also accepts that this form of piracy does result in a commercial loss for our business and that we have the right to pursue compensation, I understand it is difficult to quantify how much this loss is due to the nature of how file sharing networks operate. I may not have in depth technical knowledge of the workings of these websites, however my limited knowledge appears somewhat more in depth than Guy Tritton, the Consumer Focus barrister, who calculated that if every violator shared content with every other violator then Golden Eye’s loss would be 9,000 x £10, totaling £90,000.
Disregarding the fact that our films when purchased sell for far in excess of £10, he totally missed the fact that file sharing occurs not in a closed user group of those circa 9,000 Telefonica customers, but in a far larger community of millions of users. Fundamentally we are pursuing those that are uploading not downloading, they are potentially uploading to millions of others who are also using these networks. How many they upload to is impossible to calculate, but in effect these violations are unauthorized distribution, we are not pursuing those who have simply downloaded one film.
I am amazed your films sell for more than £10, maybe that is down to you and your poor business model. ACS:LAW who of course you know showed in their leaked emails that it might be hard to prove damages beyond a SINGLE copy. The uploading argument is a misnomer, as you know torrent clients HAVE to upload as well as download, that is straight from Crossleys business model.
I’m still at a loss to understand why consumer groups are so opposed to a company that is merely seeking to protect its core business from individuals who are stealing and distributing its products. The definition of consumers are those that purchase goods or services, the individuals who are infringing our copyright are not paying for our product but are stealing it, I do not understand how they can be described as consumers. My belief is that our actions are actually in the interests of the true consumers as if piracy carries on at the level we are witnessing today, many creative organizations will cease to be commercially able to fund new content, limiting future consumer choice.
Once again straight from Crossleys mantra. Blah blah blah. Crossley had issues with Which? And other less well know consumer groups, who realized he was targeting innocent people. When Davenport Lyons and ACS:LAW were investigated by the SDT they were shown to be knowingly targeting innocent people. You are using the same system, why do you think we will trust you to get different results? The definition of insanity in fact!
As regards Richard Clayton’s evidence that the software we use is capable of identifying the correct IP Address but this is not the case every time, I have to listen to my technical advisors who assure me that in the vast majority of the time, the software will identify the correct IP address that has infringed our copyright. The fact that the order was granted implies to me that the judge shared our opinion on this.
It does not imply anything, Alireza Torabis system was not tested and Mr Vogler merely supplied a report that it could work. Hardly scientific, and this is what will be your undoing as it was for the previous exploiters of the scheme. It was certainly one of the undermining factors in the ACS:LAW case.
It is true that we license the same software that ACS used. I was one of the biggest critics of their operation and spoke several times at adult forums and privately to several other companies in our industry of my concerns. The reservations I had were nothing to do with the software that they licensed but everything to do with the references and information I obtained from those that had previously conducted business with both ACS and MediaCat. As well as operating in the adult industry I also work in telecommunications so was able to speak directly to several people who were able to divulge information regarding Lee Bowden and Andrew Crossley.
There is NO EVIDENCE that you criticized ACS:LAW at all, although there is evidence you had a friendly working relationship with him AND encouraged him, (as shown above, even warning him of a letter leaked online, this showed you had support for him), If you had information regarding Andrew Crossley and Lee Bowden, why did you not put it into words and contact the SRA/SDT? No this is a lie until proven otherwise.
The fact you have NO reservations regarding a piece of software which is quite obviously flawed as shown in the leaked ACS:LAW emails, shows again a breathtaking level of either ignorance or arrogance.
I’ve lived in Holland and travelled extensively and I’ve found that attitudes towards pornography in the U.K. can best be summarized by calling them hypocritical. I was told a stat recently that 80 percent of U.K. computers contained porn history, my biggest surprise was that 20 percent didn’t. So often I speak to people about Ben Dover who appear vague as if they have never heard of the company and minutes later are divulging their in depth knowledge of our brand. This very English attitude towards pornography could potentially be used to shame people into paying compensation; however I believe people should be far more embarrassed by the fact they have committed a theft rather than what has been stolen.
I for one had NEVER heard of “Ben Dover” until you started trawling for copyright Infringement through “Tilly Bailey & Irvine”, you might THINK you are big and well known, but deep down you know that is simply not true. You repeat the often repeated lie as well that “Copyright Infringement is theft” this is NOT true, it is just “Copyright Infringment”, to say it is theft is like saying a “Taking a photo of someone is the same as kidnapping them”.
Oh and one more thing, you lived in Holland AND worked in the telecommunications industry… Hmmm would that be http://www.hilftelecom.nl/ (Donation by Ofer Hilf and team at Hilf Telecom on 27/04/11)) who donated money to you on your http://www.justgiving.com/Julian-Becker page?
Our initial letters in summary gave details of the infringements the software had detected, giving specific dates and times in addition to film titles. The letters then gave the recipient our legal position and encouraged them to contact us so that we could make an informed judgement on whether we would be pursuing the case through the courts or ceasing action. It also gave the recipient the option to admit the offence, financially settle the matter as well as committing to not re commit the offence.
The letters were designed to encourage communication with the recipient and then we could take an informed decision on next action if any. There were several cases after speaking or email correspondence where it was decided that no further action would be taken. In fact we had several instances where the recipient of the letters was grateful for the information we provided them with.
Yes mmmm uh huh, sure you did, and you have evidence of this? Or do we just rely on the word of someone who at best is rather “Charitable with the truth”
I don’t understand how our letter could be described as “objectionable” as it merely highlighted and asked for more information regarding evidence of an infringement of our copyright that there is no dispute that our company owns. You can argue that our content is objectionable however there is no dispute that it is legal, it belongs to us, our revenues have been decimated because of its theft and that it has been accepted by one of the most senior Judges in the country that we have every right to protect our product.
Not theft, “Copyright Infringement”, again big difference, however I think it more likely your sales have been affected as like Lee Bowden realized, OLD PEOPLE DOING SEX DOES NOT SALE, especially when they look like poor Keith Harris.
The comments attributed that included the term “objectionable” were referring to HHJ Birss QC and his description of the ACS letters. It did state however that our letters “included some (though not all)” of these features. As we stated to the court we are prepared to listen to instruction on amendments to these letters.
Yes well you have to don’t you. Your letters will be toned down, scare some people into paying you, but it will all ultimately fail and you will have destroyed what little reputation you had to begin with.
On the subject that our content is objectionable I would argue that far more people in this country would recognise my partner Lindsay Honey (aka Ben Dover) than Calvin Klein, it’s always surprised me Mr Klein sells more boxer shorts than us. The point I’m making is that regardless of peoples perceived outrage of our content, a large percentage of the population are aware and view pornography on a regular basis, giving the outward appearance of shock and revoltion. Golden Eye is not a company in pornography that has targeted consumers in order to shame them into paying silence money, it operates and always has done in an industry that is hugely popular and is targeted by violators of copyright, in effect thieves, who believe that paying for our product is somehow morally wrong and/or do not perceive stealing it is a crime.
Once again, (you are rather good at perpetuating the idea of telling a lie long enough people will believe you), you state that this is about people stealing, it is COPYRIGHT INFINGEMENT, did Tilly Bailey & Irvine teach you NOTHING?
It is simple to realize why your Boss is not so well know as you think, the ONLY people who would recognise Ben Dover (Lindsay Honey aka Steve Perry) is those who mistook him for someone else and wondered where Orville was. Of course I suppose they do both make money putting their hands up a birds bottom (oh ok sorry, that was poor)
One gentlemen I spoke to apologized for stealing our films and explained to me that he had no issues in paying for our films on the Internet, but had used a file sharing site in order to avoid his wife catching him buying porn with his credit card. This attitude of better to steal porn than get caught buying it is depressingly common in the U.K.
*Sigh* really, steal? Again, come on this is getting silly now, who was this person? Where is the evidence? Of course it DOES expose your business plan for what it is, if as you say, and lets go with that for a moment, is so embarrassed he has to COPY your film, rather than pay for it, then sending letters out to people demanding hundreds of pounds or the chance of going to court to defend themselves, ahh I see how embarrassed would they be then? Why they would far more likely pay up wouldn’t they? I mean even an innocent person would pay up for fear of being accused of watching some of the porn you produce.
As explained previously we are only pursuing those that upload, not just download, so we would never be interested in an individual that was merely just downloading. The letter asks for more information, including whether anyone other than the account holder has been given access to password protected routers. In several cases after liaising with the account holder we were able to identify the violator and cease any action against the original recipient.
Another Andrew Crossley gem, only the uploaders, not the ones who download… Well as you are well aware, you accuse people using Ali Torabis, software of using ONLY clients that can download while uploading. If I am right in thinking Torabi actually accused some people of using a Torrent client that hadn’t even been released at that time, see that is when we realized it was all a scam.
The question of if the violator was a minor would we pursue is an interesting one, not being a solicitor I am unsure of the legal position, however from a moral perspective I believe that the responsible adult has a duty of care to control the usage of a minor when using the Internet. We had more than one case where parents discovered that their children had been infringing our copyright on file sharing networks and were grateful that we had brought this to their attention.
Another Andrew Crossley gem, wow you are really racking these up, and you say you wanted to distance yourself from your friend? There may well be an argument for parents watching their kids online, however that shouldn’t come as a false accusation which is far more likely considering the software monitor you are using. And I am sure the parents were really grateful you had bought it to their attention. Hmmm
Our letters had stated a settlement fee of £700, that for reasons I explained previously I strongly believe can be justified and were decided upon by legal counsel to our previous solicitors Tilley Bailey & Irvine. I need to have the ruling explained to me by a solicitor in the first instance before deciding on what figure we will now be seeking from those who do not wish for the matter to be pursued and are willing to commit to not re offend.
In summary I am very happy with The Hon. Justice Arnold findings and look forward to the day when we once again sell more copies of “Strictly Cum Drinking than Boxer Shorts.”
Ahh now that is not theft of part of a name of a popular BBC programme is it? How non hypocritical of you.
The interview was taken from the http://newswire.xbiz.com/view.php?id=146471 website, it is replicated here with a response from us.
Terence Tsang is working for PSB LAW. The former Davenport Lyons and ACS:LAW Paralegal, had gone off the radar as far as those interested and greatly affected by the dealings of Davenport Lyons and ACS:LAW were concerned.
After a brief stint at Cramer Pelmont that ended at the same time as leaked emails from ACS:LAW showed that he had continued working for them whilst at Cramer Pelmont, he seemed to have dissapeared.
The fact he has been so hard to find is that Terence Tsang has stopped using his real name and has adopted the new name of Terence Jintin (This may actually be his middle name) What is of interest is that PBS LAW it would seem have gone to great pains to conceal his identity.
On their website the actual text describing their team members is HTML text, however on Tsangs it is an actual image. This has the effect of being invisible to both Googles and other search engines “Search Robots”. In addition to this, in the HTML of the page “About us” there is in the header a HTML intruction <meta name=”robots” content=”noindex,nofollow” /> this instruction will stop a search engine actually indexing that page and any links from it. In effect this makes the page invisible to normal searches and would only be seen by someone who was on the actual PSB LAW website. there is NO link to Tsang/Jintins presence on this page. All rather strange.
To be clear Google and other search engines will search and index the total PSB LAW website EXCEPT Tsangs own page.
One has to wonder WHY Tsang has changed his name. If what he had done at Davenport Lyons and ACS:LAW was so right and above board, then why try to hide? Of course the Courts have not found what Davenport Lyons and ACS:LAW did was right, and neither has the Solicitors Regulation Authority that has sent both Davenports Brian Miller and Dave Gore and ACS:LAWs Andrew Crossley to their Disciplinary Tribunal.
There are many ways to hide online, doing what PSB LAW has attempted to do, may have worked, however the best way to remain anonymous online and protect your name and reputation seems to me to not upset people in the first place by exercising dubious legal methods.
The last Court Hearing involving ACS:LAW was postponed(17/06/11), we now know why, in what seems an almost endless wait, Ralli Solicitors have released a statement that the case has been settled, confidentially.
I am pleased for those involved in the actual proceedings that the cases have all been struck off, but bitterly disappointed for all the other recipients of letters who looked forward to hearing what costs the recently bankrupted Solicitor Andrew Crossley would have to pay.
We will never now know, we have the Solicitors Disciplinary Tribunal hearing in October 2011 to look forward to, Andrew Crossleys THIRD hearing, many hope that the SDT will follow the “Three Strikes and out” mentality of Crossley.
The hearing will take place on
August 18th 2011 (The date of the hearing is yet to be set thanks to those eagle eyed readers who spotted the mistake.)
The allegations are or contain the following
1) Allowed his independence to be compromised
2) Acted contrary to the best interests of his clients
3) Acted in a way that was likely to diminish the trust the public places in him or in the legal profession
4) Entered into arrangements to receive contingency fees for work done in prosecuting or defending contentious proceedings before the Courts of England and Wales except as permitted by statute or the common law
5) Acted where there was a conflict of interest in circumstances not permitted, in particular because there was a conflict with those of his clients
6) Used his position as a Solicitor to take or attempt to take unfair advantage of other persons being recipients of letters of claim either for his own benefit or for the benefit of his clients.
7) Acted without integrity in that he provided false information in statements made to the Court.
We at ACS:BORE are pleased with these charges and think they largely cover what we and many others have been saying for the last two years. We look forward to seeing the hearing in practice and feel sure that these allegation whilst unproven at the moment, will be thoroughly pursued with the full weight of the law.
This is not the first time that Andrew Crossley has appeared, this will be his THIRD time. One has to ask how many times can a Solicitor be pulled in before the Disciplinary Tribunal and be allowed to continue. We look forward to August and hope it will be a FULL vindication for all those innocent people affected by the actions of ACS:LAW and their cohorts.
Many of those who engaged with ACS:LAW in bringing this misery to the general public will NOT be tried, but for those who follow this Blog, we at least know who they are.
Thanks to Enigmax!
ACS:LAWs Andrew Crossley scooped the ISPA award for Internet Villain after being beaten to LAST years by Peter Mandleson. He was nominated this year for
“For demanding payments from members of the public on behalf of certain rights holders with poor evidence which brought the “legal profession into disrepute”, and for failing to secure the data of those accused”
Crossley will face the Solicitors Disciplinary Tribunal in August this year. It follows a year of misery for Crossley who was declared Banrupt and fined £1000 by the ICO for the leaking of over 8000 Plusnet and SKY Internet subscribers details including their credit details and linking them to vile pornographic material.
More to follow