The file sharing war rages on

18 July 2010

The file sharing war rages on

Despite the introduction of the draft Code from OFCOM and the Digital Economy Act 2010, more lawyers are apparently jumping on the 'cash cow' that is the file sharing campaigns first started by Davenport Lyons, and then ACS law.

It was reported in this weekend guardian that some 2000 letters have been sent out by a Soho law firm on behalf of their client the Ministry of Sound. They are demanding a sum of 350 GBP or they will issue a claim. If everyone paid it would make both the lawyers and the Ministry of Sound a nice sum and would far outweigh the monies 'lost' as a result of the infringements.

Lawdit's advice cannot be clearer. Do not ignore the letter, engage with the Law firm and politely inform them (if this is the case) that you have not heard of the tune in question and it is not on your hard drive. The evidence submitted by their client is not conclusive. It may identify the identity of the person from the IP address but it does not identify who actually committed the offence. The name on the bill does not necessarily mean the same as the person who committed the wrong doing, As you do not know the identity of the person involved then politely refuse to pay, point out that this is the last time they will hear from you on the subject and wish them well!

Michael Coyle is a Solicitor Advocate and can be contacted at michael.coyle@lawdit.co.uk. Lawdit Solicitors is a commercial law firm with offices in London Southampton and associate offices in Malaga and Rome.