- What method is used for capturing data?
Pieces of evidence are gathered by IT experts. The processes and methods they used could not be fully disclosed. However, a full data capture report may be provided in the court should proceedings ensue. Subscribers can be assured that the process used for capturing data has been investigated by a qualified IT consultant and proven legitimate by different courts that granted the orders to disclose information of affected ISP subscribers.
- Why are your letters electronically signed?
Due to the large volume of correspondence we are receiving, we use digital signature. Nevertheless, our letters are legitimate.
- How to know if the ISP provided the right information?
Subscribers have the liberty to write to their specific ISPs and inquire about the accuracy of the data disclosed. When doing so, it is important to point out that a court order was obtained. Subscribers who wish to contact and clarify the matter first with their ISP are given 28 days to do so.
- How come ISPs are able to disclose personal data of subscribers when the latter is protected by the Data Protection Act?
Our letter of claim clearly states that personal data was obtained by an order of the court, which is an exception to the general rule under the Data Protection Act. Specifically, Section 35 of the said Act states that a court may order disclosure of personal data if it is necessary for prospective legal proceedings.
- What if the illegal file sharer used a fake IP address?
Our IT experts confirmed that a successful peer-to-peer network transaction could not have been made possible by using a fake IP address. Also, their expert technical methods do not gather torrents with fake IP addresses.
- What if my friend/relative/family member is the one responsible for the alleged infringement?
If the actual infringer is a friend, relative or another member in the household, you (as the subscriber) should identify the person concerned and provide his or her details so we can then directly send our letter of claim to him or her.
- What if user insists that he or she was away from the computer at the time of infringement?
This does not necessarily mean the act complained did not take place as infringement can occur if the computer used is connected to a peer-to-peer network and is running a file-sharing program.
- Is an infringer absolved if he or she doesn’t know that downloading or uploading is infringing?
It is very uncommon for illegal file sharers not to know about intellectual property laws implemented in their area since such an issue has been publicly talked about almost anywhere. Further, it is important to note that ignorance of the law is not a valid defence.
- How much time is given for a subscriber to respond to a letter of claim and what happens if he or she refuses to respond?
ISP subscribers who receive letters of claim are given 28 days to respond, contact us for queries, negotiate, or provide a satisfactory explanation as to why they should not be held liable for the alleged infringement. In the event subscribers do not do anything to respond to the letter within the period given, his or her file will be passed to a law firm for litigation to commence.
- What if the subscriber needs more time?
We can give a further 28 days for the subscriber to respond to our letter.
- What happens if subscribers seek legal advice?
They must inform us within 21 days that they are seeking advice from a solicitor. Please advise us of the name and address of the solicitor or firm advising you, so that we can make a note in our records.
- How are damages calculated?
You may contact our helpdesk hotline to have a detailed breakdown of the settlement figure.
- If an infringer wishes to settle, how is payment acknowledged?
We will immediately confirm payment once received. Please note that payment must be done within the time period specified in our letter.
- Can an infringer request for a payment instalment?
This could be possible. Please contact our helpdesk representative to know the details.
- Are letter of claim recipients accused of a “crime”?
We do not refer the act alleged as a crime. Our claim is that the internet connections monitored by our IT experts have been used to commit a civil wrong through infringing our copyright.