For all those receiving a letter from ACS:LAW
ACS:LAW in one of their emails show SERIOUS doubts about their ability to prove the amount of damages they are seeking. This email has already been released by better blogs than this, HOWEVER in light of ACS:LAW sending out BRAND NEW LETTERS OF CLAIM I though it only right to highlight this scandal further.
In an email from Adam Glenn to Andrew Crossley on the 19th August 2010, Glenn expresses his deep reservations regarding the actual proving of an “infringer” making the “Works” available to ANYONE else.
As far as I am aware there areNO academic studies which have evaluated how many people the average participant in aP2P session shares a file with. To empirically establish that it would be necessary to eithermonitor the packet level inbound and outbound transmissions of an infringer (an action whichis against the law) or have permission from the participants to record such information.Without some level of direction on quantification it would be impossible, as Newzbin found,to determine the degree of sharing.
This statement alone should prove encouraging for those innocent people caught up in this scandal. ACS:LAW has been crowing about its bullet proof system for well over a year now, and yet here less than a month before the devastating release of their emails into the wild by either sheer incompetence or wilful sabotage by one of their employees sickened by their business practices. we have Adam Glenn raising questions about the very foundation upon which ACS:LAW had built it’s House of Cards.
Glenn goes on to dismiss Davenport Lyons infamous “Barwinska” case with a brutal assessment.
The Davenport Lyons model, in my opinion, failed to apply accepted and fundamentalmathematical principals in its calculation, including queuing theory, and would havedifficulty in passing an applied mathematics assessment if submitted in an “A level” statisticspaper.
And then a classic
Barwinska might make nice headline reading but it has, in my opinion, about as much legalforce as a Sun newspaper headline regarding the licentious behaviour of a D list celebrity
Remember ACS:LAW waving the Barwinska case around like a flag at the beginning of their campaign back in May 2009 ? how the Mainstream Media did NO investigating but took Davenport Lyons at its word ?, now ACS:LAW are laid bare, the Emperor really is wearing no clothes, he has no evidence, this is, as we always thought it was, a barely legal “Shakedown”.
One wonders if Glenn had in mind the “D List Celebrity” as opposed to the Z List clients that ACS:LAW represents. The pitiful stream of nobodies out to make a quick buck, whose so called “works” are so worthless you wouldn’t even find them in a bargain bin at the local market.
Or read it online here!