Judge still won't dismiss ACS Law copyright infringement cases

People sent letters by ACS Law accusing them of copyright infringement have an anxious two weeks ahead before they know if they are completely in the clear.

Although Judge Birss, who has been presiding over the hearings, handed handed down his judgement about the ACS Law cases today, he ordered yet another stay on the discontinuance proceedings. This means that the cases can't be dropped yet.

Instead he has ordered Media Cat, the licensing company, to "join with the copyright holders within 14 days" to apply formally for the cases to be dropped, or amended.

If it does not, then the judge will throw out the cases and he said if that happens "consequences may flow".

It is unlikely that either ACS Law or Media Cat, which the judge has said appear "to be trying to avoid judicial scrutiny", will be able to comply. Both sent notices to the court saying they had ceased trading.

However, if the judge had simply thrown out the 26 cases, there is nothing to stop any copyright owners currently known or unknown to the court simply resurrecting them later on.

This is one of the major concerns of the defendants' barristers and Judge Birss' judgement said that ACS Law had "written letters to tens of thousands individuals".

Guy Tritton, acting for five people, said there was always the possibility that either ACS Law or Media Cat could do this "in a different guise".

He has asked the judge to ensure that those accused of the alleged copyright infringement could not continue to "be pursued".

He said: "Possible reissue of these proceedings would be an abuse of process."

Judge Birss has now scheduled a hearing for 16 March, in which he will examine "how matters have progressed" and the issue of costs will be heard.

Meanwhile, Ralli, the solicitors representing some of the defendants, told Computeractive that it was still considering pursuing a harassment case against ACS Law. It said people could contact it by email at harassment@ralli.co.uk.