back to article ACS:Law turns back on file-sharer court case

A UK lawyer who was controversially targeting online file-sharers has quit working on the cases currently underway in a patent court in London. Solicitor Andrew Crossley of ACS:Law had been representing the law firm’s client MediaCAT in cases brought against 26 file-sharers. Crossley said in a statement read out in court …

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  1. Anonymous Coward
    Anonymous Coward

    "a desire to avoid any judicial scrutiny"

    Says it all really...

    1. Anonymous Coward
      Flame

      Not that scrutiny

      It is a desire to avoid the scrutiny of the Solicitor Regulatory Authority scrutity.

      ACS Law wound down, another company emerges in the meantime. This way the SRA may continue its wild goose chase for years to come without actually catching anyone.

  2. Anonymous Coward
    Anonymous Coward

    "there is a desire to avoid any judicial scrutiny,"

    Yeah because then the copyrightPirates, sorry holders, would need to come up with some properly scrutinized evidence but they can't let facts get in the way of Justice!

  3. Anonymous Coward
    Thumb Up

    So... lets think about this

    >>"I have ceased my work... I have been subject to criminal attack. My e-mails have been hacked. I have had death threats and bomb threats," he said.<<

    You went out, and chose to target people known for things that.. lets say are not on the fluffy side of digital law. Kinda like a kid kicking a hornets nest - kid gets stung till he's swollen up like a big blueberry.

    Thats the funny thing about lawyers. They screw everyone over, but can't understand why they get screwed back by those that can. I don't approve of anyone being hacked, but I don't think for one minute he did not deserve a little retribution..

  4. Anonymous Coward
    Thumb Up

    Couldn't have happened...

    ...to nicer bloke!

    Ok. Who's next?...

    1. Anonymous Coward
      Anonymous Coward

      whos next...

      where to start?

      Kent ertugmongral and phorm any Ass of America... etc etc...

  5. SiGiL
    Thumb Up

    The scores just in....

    Anonymous :1

    ACS-LAW : Nil

    eeeeeeextraordinary

  6. Rob 101

    Hmmm

    Reminds me of those alarm companies where you got paid to scare old ladies into a "Free consultation with a security expert who might have once been with the police".

    They'd be shut down only to appear under a different name with many of the same top level staff.

    1. Sir Runcible Spoon

      Sir

      I was only just thinking that ACS Law are probably due a re-branding.

      1. Mike Smith
        Thumb Up

        Title is rewired

        Good idea. You get the fire going, I'll dig the irons out.

  7. Anonymous Coward
    Anonymous Coward

    No you weren't

    "I have ceased my work... I have been subject to criminal attack. My e-mails have been hacked. I have had death threats and bomb threats," said Crossley.

    No. You suffered a denial of service attack, and then exposed the emails yourself when you restored your website. Don't lie about what happened. If you were genuinely hacked, the ICO wouldn't be investigating you over it.

    Either way, been threatened isn't nice, is it..?

    1. Destroy All Monsters Silver badge
      Pirate

      Well...

      Maybe he fired off a letter to the local Pakistani Mobster's family home.

      Some people do take the law into their own hands.

      Heat, kitchen etc,

  8. envmod

    yeeeee-haaaa!

    we done rode those cowboys outta town!

    *fires six-shooter in the air wildly*

  9. Anonymous Coward
    FAIL

    Read a little closer El Reg

    You missed the most significant part of that story with regard to here on out...

    From the sidebar comment :

    "But among the debates about the competance of ACS: Law and its real motives, is some evidence which could provide an interesting test of such cases in the future.

    Both barristers for the defendants have questioned whether IP addresses - the numerical code which identifies individual computers - can be used as evidence and Judge Birss has raised doubts about whether accusing someone of "allowing" their network to be used for illegal file-sharing is a watertight argument."

    Thats a fundamental legal issue there - the owner of a network being responsible for the action committed to the outside world from it. If this was to pass as it looks like it might, then companies/large networks would be able to just shrug off claims that whatever damage might have been caused by their users (even illegal users - eg unauthorised wireless users) is not their fault and that they have no obligation to identify perp users.

    At the moment, if you can't serve up who did it, then the board members are personally liable.

    I suspect these legal clowns have no idea what they are about to do here... good news for some though :thumbs:

    1. david wilson

      @AC

      >>"Both barristers for the defendants have questioned whether IP addresses - the numerical code which identifies individual computers - can be used as evidence"

      Presumably even if not reliable as evidence beyond reasonable doubt, IP addresses are probably generally counted as reliable enough to justify intrusive collecting of more reliable evidence, or at least would be treated that way in the case of *serious* online crime.

    2. Ross 7

      Re:

      The IP addr argument is just the barristers throwing everything they can think of at the case. It won't hold up as stated. It is fair to say that the IP "owner" (for example you or I in respect of the IP addrs given to your home routers) is not necessarily the copyright infringer. Could be someone else like a family member. Doesn't make the IP addr inadmissable as evidence.

      The likely outcome of it will be very similar to vehicle reg marks - just because you're the reg'd keeper doesn't necessarily make you liable (in criminal proceedings at any rate), but if you can't provide a reasonable explanation to the court of either who the driver was, or why you couldn't have been the driver ("I was in Australia at the time m'Lord - here's my passport") you can expect the court to hit you with a bag of hammers.

      Also note that in civil proceedings the burden of proof is MUCH lower (51/49 as opposed to 99.9% in criminal) If the judge thinks you were more than likely the person responsible you are munged.

      "...the owner of a network being responsible for the action committed to the outside world from it"

      Ummm, I can't quite get my head around the semantics of that one. It appears you are comparing computer misuse with copyright infringement. There are some similarities. Directors are responsible for copyright infringement AS WELL AS the corporate body that actually committed it if it was committed with their "consent or connivance" (love that phrase). However there are differences insofar as re: copyright infringement both civil remedies and criminal sanctions are available.

      "...they have no obligation to identify perp users"

      I wouldn't try that argument in court - you can be summonsed to court as a witness, and the court can compel you to answer questions that are asked of you. Failure to do so = contempt = time in clink. As a board member are you going to be in contempt of court to protect your wayward employee, or just name the idiot that caused you this grief?

      I don't see the ACS argument working (they allowed their network to be used to infringe copyright) - the wording of the legislation just doesn't fit. You'd have to interpret words in ways other than their everyday meaning, which the courts are loathe to do without good reason. However, as I said above, if the ISP cusomers who are linked to the IP addrs don't have a good explanation as to how it wasn't them on the PC, given it's a civil case it's not asking too much of the court to find as fact that they were in fact the responsible party. Just depends on the DJ - some are soft as they come, others not so...

      It may be possible to argue that they committed the infringement by negligence (not taking reasonable steps to secure their PC/network) - it's very common for the "guilty mind" to comprise either intent or negligence. They could also compare the situation to landlords whose premises are used to deal drugs / illegally imported fags etc.

      However, it very much appears that nobody really wants this to go to court if they can help it. The problem is, if it becomes widespread "knowledge", everyone on the interwebs says "oh just ignore that official looking document", it may well go well for a while, but in the end the rights holders may feel obliged to take action to protect their rights. How much would it suck to have been told by all and sundry "ignore it" then you are the one where the DJ nails you for £5k because 1. you infringed copyright; and 2. you were unreasonable in ignoring the pre action corres?

      Don't expect the gravy train to continue indefinitely - the rights holders hold a lot of sway, and the fact is sharing copyrighted material without a license *IS* an infringement.

      1. Anonymous Coward
        Anonymous Coward

        Bad analogy

        As the owner of a registered vehicle, you can be reasonably expected to know who else was driving it. As the owner of an open wireless router, you have no way of knowing who else might be using it. I'm not sure it's ever been tested in court, but I believe the "I had an open wireless connection and I have no idea who downloaded that porn" is a valid affirmative defense.

        1. Ross 7

          Re: analogy

          "I believe the "I had an open wireless connection and I have no idea who downloaded that porn" is a valid affirmative defense."

          Really? I sure don't advise relying on it in the UK. As I stated above, in civil proceedings the standard of proof is "on the balance on probabilities". Not a hard ask for the DJ to decide "well, I think it's more likely than not that it was the guy that lives at the addr and has P2P client on his PC rather than some ethereal person he has only brought up as a theory".

          Read up on burden of proof - as a general rule, if you raise a point, it's your job to prove it. Kind of a hard job to prove it was more than likely someone else. It *could* have been someone else - not saying it's not possible - but how *likely* is it to have been someone else? That's where you fall down. You better keep access logs with MAC addrs otherwise you're making a rod for your own back.

          Also note that the courts don't really care what you did, as much as what the reasonable man ought to have done. They particularly dislike intentional negligence ("I wasn't trying to punch him m'Lud, I just closed my eyes, swung my fist around a bit and happened to hit him"). Solicitors and barristers know this. Those on the prosecution / plaintiff side they will use that in most cases where someone claims something like "oh I let anyone use my WiFi / I leave my car keys lying around with the car reg printed on them - could have been anyone in the world. No, I can't point to anyone in particular..."

          Ppl on the internet forums post such crap ideas because they don't know any better. They think the court will require incontravertible proof. They don't. Try paying for legal advice on the matter and see if it matches the free advice on the internet ;o)

        2. david wilson

          @El

          >>"I'm not sure it's ever been tested in court, but I believe the "I had an open wireless connection and I have no idea who downloaded that porn" is a valid affirmative defense."

          Even in a soft warning-based system, surely at some point in the warning process it would be pointed out that to continue having an unsecured network which [the user claimed] had been used by other people for infringing activity might be viewed as actually condoning such activity?

          As for civil court cases, would repeated successful use of an 'insecure network' defence not be likely to fuel calls for police/rights holders to be able to get unannounced access to people's PCs/routers, even if only to gather very basic evidence such as MAC addresses and router logs?

          Also, I'd imagine that using the open network defence might be risky for anyone planning on carrying on filesharing, or even keeping incriminating data on their systems.

          If someone was later found to have lied in court, they could be in pretty serious trouble.

  10. Vic

    "My e-mails have been hacked"

    Is this statement actually true?

    The emails of which I'm aware weren't "hacked"; they were published on ACS:Law's website.

    There are sanctions available against solicitors who deliberately (and provably) lie to the court. The SRA is likely to have some fun with this one...

    Still good for the judge, slagging them off for trying to avoid judicial scrutiny :-)

    Vic.

  11. Anonymous Coward
    Troll

    question

    "I have ceased my work... I have been subject to criminal attack. My e-mails have been hacked. I have had death threats and bomb threats,"

    does he have to prove that those things did happen? Shouldn't there be a police report on those incidents? Will it matter if they are true or not?

  12. irish donkey
    FAIL

    No day in court!

    Pity it would have been nice to see them get thrown out on their arse.

    If they had of got thrown out on their arses could others that just paid up to avoid the hassle have asked for their money back?

    Andrew Crossley... remember that name. For sure he will pop up again. Maybe in a Private Car Park Scam or some other extortion racket.

    Had you life invaded. Good!

  13. Anonymous Coward
    Anonymous Coward

    But that other bunch is picking up the slack?

    Tag-teaming for extra hassle, eh?

  14. Stone Fox
    Happy

    pwned!

    See title.

  15. Anonymous Coward
    Grenade

    Freetard comments aside...

    These "people" are quite obviously criminals i.e. ACS and their new setup. It seems pretty obvious Crossley and his cohorts should be locked up for extortion, or does the law allow for legitimised rackets like this?

    Scum like him deserve all they get. Nice to see him get the same treatment back. I see no difference between "pay up or be dragged through the courts" and "pay up or have your legs broken". Porn films are obviously chosen for the lesser likelihood that someone would publicly challenge it, assuming it wasn't just made up troll the guilt-ridden.

    1. Paul_Murphy

      Umm.

      >I see no difference between "pay up or be dragged through the courts" and

      >"pay up or have your legs broken".

      Actually you may want to consider that the first is legal due process and the other is threats /menaces and is illegal.

      Quite a bit of a difference I would suggest.

      Hopefully this practice of legal extortion will cease - I don't condone piracy, but the media intermediaries need to find a different source of income than trying to keep their stranglehold on artists.

      And for everyone else I would encourage people to look out for more independent artists and support them, for instance:

      Jonathon Coulton, Paul and Storm, Billy Bragg etc.

      ttfn

      1. Loyal Commenter Silver badge
        Coat

        Jonathon Coulton?

        Is he still alive?

        1. Paul_Murphy
          Joke

          You've been listening to that cake haven't you?

          ;-)

          ttfn

      2. g e

        There is though...

        Vexatious litigation and Barratry

      3. This post has been deleted by its author

      4. Anonymous Coward
        Thumb Down

        Barrister Paul..

        >>Actually you may want to consider that the first is legal due process and the other is threats /menaces and is illegal.

        Between the two, I find it vaguely unsettling that you feel the lawyer is more right in this situation. Just because one is illegal and the other legal does not make it any less extortion or combination of threat/menace.

        In fact, I would go so far as to say the loan shark threatening you with broken legs at the very least is honest about your debt (gratuitous vig not withstanding).

        The lawyer threatening you has no clue of whether you personally are guilty or not - nor does he care - and is offering you the chance to pay up to avoid the hassle of proving you're not party to the offense. The fact that he gets to hide behind a legal loophole permitting him to threaten you on barely a sniff of evidence - and given the history of such cases, is likely to WIN even with NO evidence - makes him even worse than the bully boy sent to break your legs.

      5. Anonymous Coward
        Stop

        Re: Umm.

        "Actually you may want to consider that the first is legal due process and the other is threats /menaces and is illegal. Quite a bit of a difference I would suggest."

        How is someone writing to someone and saying "You did naughty things, you did! Pay us £500 or else!" when they did not in many cases doing anything at all - let alone anything wrong - in any way a legal activity?

        Britain is stuffed to the hilt with this kind of fraudulent shit, along with stupid lotteries and prize draws which, if there were any serious investigation, would fall on the wrong side of the law ("What do you mean Mrs P of Sudbury doesn't exist?!"), continuously perpetrated cowboyship and charlatanry under zombie-like businesses run by fraudsters who will retire rich despite never having delivered a complete product or service in their entire "working" lives.

        The Britards in charge would do well to actually make the law target such serial criminals rather than have the perverse attitude that "Oh, it ain't him after all! He's got the same name, looks the same, but the name of the business he's running is *completely different*: JP Plumbing is different from PJ Bathrooms! Let's give him the benefit of the doubt." repeated endlessly. One wonders what kind of political donations originate from the more successful practitioners of such fraud that nothing ever seems to be done about it.

      6. Jonathon Green
        Joke

        Title? We don' need no steenkin' title...

        >>I see no difference between "pay up or be dragged through the courts" and

        >>"pay up or have your legs broken".

        > Actually you may want to consider that the first is blackmail using

        > a spurious threat of court proceedings and the other is

        > threats/menaces...

        There. Fixed it for you...

        --

        JG

  16. Elmer Phud
    Pint

    Bottom-Feeder Buggers Off

    Ah, is this when I start believing in some sort of deity?

    Nah, but it's still good news - the shitehound hounded out by the pack.

    He gives lawyers a really bad rep. 'Screw you, where's my fee?'

  17. Paul_Murphy

    I can't say that I'm surprised.

    Punishing the end users of a product is not a good long-term strategy.

    Punishing people who have no notion of what the h*** you're talking about is just suicidally bad publicity - all it takes is one computer-less grandma being sent one of these letters and the whole notion of proper procedure and justice is thrown out of the window.

    I also wonder how long it would have been before a road warrior hacked ACS:Law's wi-fi and used it to download some illegal stuff - though I bet they wouldn't send themselves one of those letters.

    It's also a bit of a give-away that they were offering to go away for £500 - far too little if they thought the people accused were actually guilty. It smacks far more of a legal extortion racket - as the judge said, the last thing they wanted was a proper judicial overview of what they were up to.

    ttfn

  18. Anonymous Coward
    Thumb Down

    Since they also targetted people they knew were innocent....

    ...... I find it hard to have any sympathy for ACS Law.

    It seems he's a victim of his own incompetance. Unlucky, Mr.Chancer.

  19. The Fuzzy Wotnot

    As Nelson Muntz would say...

    "Ha! Ha!"

  20. Ted Treen
    Grenade

    Idiots like this

    give the legal profession a bad name.

    Shame the Law Society didn't issue an "Oi, you, Stoppit!" directive instead of generally acting like a superior load of tw*ts - as is their custom.

  21. Flugal

    More of the same

    Invasion of privacy and threats.

    Is the irony lost on him?

    1. g e

      Lost on him

      But not on everyone else and that's what counts :o)

      The great fresh smell of Karma comin' atchya

  22. ph0b0s

    Due to threats

    What BS. Love the ways he is trying to make people and future prosecutors feel sorry for him. The threats idea is BS, he stopped because his position has become untenable, with case after case failing and upcoming prosecutions of him coming.

    I won't go into how someone who has legal threats to thousands is now not happy about getting threats himself.

    And the idea that his company has nothing to do with this new company, except for it being setup by old employes. It is just slimy all the way.

    And my comments are not due to being a piracy advocate, if you have proper evidence against a person for piracy then fine drag them to court. Still would like to see the police in charge of investigating these things rather than private companies making stuff up.

  23. Welf
    Happy

    Do you remember what he said about the "website" issue?

    "It was only down for a few hours. I have far more concern over the fact of my train turning up 10 minutes late or having to queue for a coffee than them wasting my time with this sort of rubbish," he said.

    He was so out of his depth and didn't have scooby :) Probably read a copy of some pc mag and thought he was some sort of IT expert, how many times do we come across people like that walking into the IT department :)

  24. jonathanb Silver badge

    GCB Limited

    Has anyone looked into this company? They are registered at Companies House as a company that undertakes "transport via railways". A search on the Law Society website reveals no matches. Doesn't sound like a legitimate law firm.

    1. Loyal Commenter Silver badge

      Yeah but no but...

      Companies House isn't exactly known for its speed and efficiency in registering new companies.

      The thing that makes it sound fishy to me is the fact that there are people working there who have been within half a mile of Andrew Crossley. Maybe the legal system should be running with taint mode switched on?

      1. /dev/rant

        You can read all about at techdirt

        http://www.techdirt.com/articles/20110124/03182912787/mysterious-non-company-helping-acslaw-collect-fines-now-says-forget-whole-thing.shtml

      2. jonathanb Silver badge

        Re: yeah but no but

        I've never had any problems with Companies House. Ask a Company Formation Agent to form the company, and you have it on the Companies House website a few hours later.

        Getting a bank account and a VAT number for it so you can actually start trading is an entirely separate issue.

        However, this is a company that has been registered, precisely five years ago today on 25th January 2006. They filed "total exemption small" accounts for the year ended 31st January 2008, and "dormant" account for all other years before and after. "Dormant" means they had no trading activity at all. "Total exemption small" means that at least two out of the following three statements were true - they had sales of less than £5.6m, they had assets of less than £2.8m and they had less than 50 employees. Figures are higher now, but that was the limits at that time.

  25. Wibble
    Go

    Grounds to be counter-sued?

    Given that the judge has expressed reservations, what's the chances of him being counter-sued for libel? E.g. making false accusations?

    1. Ted Treen
      Stop

      Trouble is...

      ...suing him would probably be done through a solicitor.

      Where are you going to find one you can trust to sue one of his ilk?

      Yes, I know the majority have no morals and would sell their grannies for a tanner (2.5p to the younger readers), but putting the words "trust" and "solicitor" in the same sentence ain't easy.

    2. jonathanb Silver badge

      Re: Grounds to be counter-sued

      Accusations made to the person concerned are not libel. It is only libel if the accusation is made to a third party.

      They did tell the accused's ISP that they detected copyright infringement at a particular IP address. They could get round the libel charge by arguing, as the accused has, that the IP address is not evidence that he did it.

  26. Anonymous Coward
    Troll

    title goes here!

    No longer going for the high score Mr Crossley ?

    U mad?

  27. Anonymous Coward
    Anonymous Coward

    Fuel on the fire?

    Whatever the excuse, ACS:Law et al have still not brought a case to proper trial. This proves they know they are on very shakey ground and it can only count against them with the Law Society. All these "pirate chaser" firms should take a careful note as the law will catch up with you!

    Disbarred and a hefty fine coming soon me thinks.

    It's a pretty lame excuse too - I know a QC here in Scotland who's prosecuted Russian drug smugglers. If Mr Crossley thinks he's been threathend now, he should try taking on a case with real criminals!

    1. Anonymous Coward
      Pirate

      Well, either the law or..

      them pirates. Arr, walk the plank me matey!

  28. Jacqui
    Thumb Up

    Evidence

    The "evidence" in these cases is usually just a tracker listing of IP addresses - which is nothing more than a list of numbers. The people who run the trackers have repeatedly said that they inject random IP addresses - past research has shown roughly one third of all IP addresses are random values.

    What this means is that in order to obtain evidence the techies for the ambulance chasers have to run a torrent client (with auditing and obtain at least one checksummed) chunk of a pirated file AND show/log that the tracker showed that this IP downloaded to 100% AND continued to "seed".

    What really happens is that these techies try every dirty trick in the book, including force loading pirated content into any torrent server they can find so they can pass on prosection details.

    The effort in creating irrefutable evidence is far too much effort for the revenue these IP hunters get ~10 to 50UKP per successfull "threat"... The IP hunters take the easy route and simply scan every torrent tracker out there for any files remotely similar to the owners content and

    pass every IP address to the vultures. Because of the nature of the content most decent families and lill ol' ladies just pay up. Easy money.

    Real experts cost a lot and I assume this is what ACS::Law is trying to avoid having to pay - the defendants legal and expert witness costs of these outstanding cases.

    1. Vic

      Re: Evidence

      > show/log that the tracker showed that this IP downloaded to 100% AND continued to "seed"

      I'm not aware of that theory being tested in court, and I suspect it would fail.

      If you copy some chapters out of a book - but not the whole book - you are likely to face charges of copyright infringement, absent any clear and obvious defences (and there are some). So it is with digital files - if you have only copied a part of the material, that doesn't make you immune to charges of unlawful copying.

      I expect to see torrents containing encrypted versions of the materials, with the decryption keys only handed out once the seed ratio has passed a sufficient value (probably 1.0). Thus to decrypt the file to see if it is indeed in violation of copyright, the "investigator"[1] would have had to have uploaded that content to the network...

      Vic.

      [1] I am using the term quite wrongly here, of course.

      1. david wilson

        Re; Evidence

        So if IP addresses from trackers are unreliable, or the

        at even a valid infringing IP address isn't good enough to identify an ISP customer, what's the obvious next step for rights holders?

        a) Give up

        b) Argue that more information needs to be extracted from (and possibly stored by) ISPs to enable more reliable evidence to be collected.

        I don't get the feeling that the answer is a).

        Surely, the filesharers that would be the best 'catch' for people trying to enforce copyright are fairly regular users?

        Given a reasonable suspicion someone was involved, I imagine it'd be fairly easy to argue that it wouldn't hugely invade privacy for monitoring to be done on their internet connection to clarify matters, since in the absence of suspicious activity, (like the hypothetical granny who only uses the internet to listen to church services every Sunday) any information gathered could be deleted without anyone ever having seen it.

  29. Alan Brown Silver badge
    Grenade

    The judge didn't have to allow ACS:Law to withdraw

    Withdrawing from the case is at the discretion of the judge.

    The defence lawyers could have asked that he not be allowed to. If they were working pro bono they may well have done so, but it does drive costs up and there's no guarantee Crossley would be forced to pay costs/damages at the end of it.

    Does anyone know if the judge made any mention of "without prejudice" ?

  30. Anonymous Coward
    Thumb Up

    Aww.... Poor guy!

    So this is the tough guy who was threatening so many people with all-out thermonuclear heck? Who would have thought he'd turn out to be such a whiney little bitch?

  31. Dennis Wilson
    Pirate

    Party Time

    Party is at my place

  32. VulcanV5
    Thumb Up

    Wake up at the back, please

    C'mon El Reg. Wake up at the back. Your latest update is just a leetle lacking in, er, detail, viz:

    1) The Judge has tumbled to what's going on and is Not Impressed.

    2) Those who once sought fortunes out of all this are now in deep, deep doo-dah. This is because Lee Bowen, formerly associated with everything from psychic telephone line services to being the Public Relations representative of a drunken bonker on a Dubai beach, has claimed his oddly-named Mediatwat represents the rights holders of materials claimed by Crossley's ACS: Law to have been downloaded illegally. . . But Bowen has never proved it. (Nor was ever asked to, the Norwich Pharmaceutical orders to pressure ISPs into releasing customer data being pushed through without any question of proof being sought from Crossley and his associates.)

    3) If Bowen's Mediatwat has not been specifically instructed by each specific rights holder, or if it does not own the rights itself, that would mean, er, that ACS: Law has not necessarily been acting for any rights holder when sending out its threatening letters. And that's really, really naughty, tst tst.

    4) If Bowen / Mediatwat had been able to get away with this sudden attempt to withdraw from the proceedings, then no doubt the whole issue of who-owns-what would've been swept under the carpet. Thankfully though, here's a Judge with a functioning brain. Not only has he refused to allow Mediatwat to vanish into the undergrowth, he wants to know who the real rights holders are and proof that each and every one has instructed Bowen's 'enterprise' to represent it.

    5) Mediatwat and ACS:Law have gone from being flavour of the month (when racking up all those lovvly lucrative NP Orders) to being distinctly unpalatble where M'Lud is concerned, particularly in regard to Crossley's description -- in his pay-up-or-else mailings -- of mediatwat as "a copyright protection society", as if it's some kind of trade association rather than the work of the Beach Bonking Public relations agency. His Honour thinks a lawer (Crossley) falsely describing something as a 'Society' is really not very good at all, hmmm?

    6) Meanwhile, Crossley has suddenly gone from being Britain's most brilliant lawyer to one of the most accident prone (and victimised.) Where the latter is concerned, even bomb threats have been involved. Oddly, the police seem to have no record of any such threat. As to the recent car crash which Crossley suffered, perhaps in his Ferrari en route to his home in Monte Carlo (it's all in his background stuff scattered over the Web) then it's truly sad that this should've happened just at the time when he would have so liked to appear in Court himself, instead of having to leave poor Bowen to go it alone. Just where, when and how the car crash happened isn't yet known, but perhaps M'Lud will delve into that, too.

    7) Crossley let it be known to the Judge that ACS:Law has nothing to do with the mysterious GCB. Yet letters issued by Crossley in December to many on ACS:Law's hit list are stuffed full with details about GCB and how to pay 'em.

    8) Such is the panic surrounding this that the firm of accountants who set up GCB for an unnamed client now say they know nothing about its antics (and have published a disclaimer on their home page.) And now Crossley says GCB isn't chasing anyone, either.

    9) So. . . Ye situation is this: Crossley faces a long, long, long overdue Court scrutiny, as well as the SRA, as well as the ICO, and now -- last but not least -- another firm of lawyers, Ralli & Co, acting for what they describe as "hundreds of consumers in relation to a group action for harassment following letters from ACS:Law accusing those individuals of illegal filesharing and copyright infringement".

    The several fates that seem now about ready to befall him are so various and so severe that it'll take more than sudden illness (which occurred the last time he was fined by the SRA) or motoring accidents to side-step. Naturally, he has the sympathy of every reader of El Reg.

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