Legal rulings against solicitors engaged in speculative invoicing

Rights groups hope the recent downfall of solicitors attempting to extract money from alleged illegal file sharers will put an end to such schemes.

David Gore of Davenport Lyons and Brian Miller, an ex-partner of the firm of solicitors have been found guilty of professional misconduct at a Solicitors Disciplinary Tribunal (SDT). They now face disciplinary action and could even be struck off.

Timothy Dutton the prosecuting QC, said their campaign was designed "to make money" and "browbeat people into submission", whether they were innocent or not.

Mr Dutton added the two men's campaign was "a debt-collection scheme but no debt was owed" and their actions "a wholly inappropriate discharge of professional duties".

Michael Forrester of Ralli Solicitors said: "Allegations that innocent individuals have been targeted reduces public confidence in the legal profession and makes it more difficult for legitimate rights holders to protect their work from online copyright infringement."

Andrew Crossley, sole proprietor law firm ACS: Law, will also face an SDT in October for a similar campaign run by his firm. Mr Crossley has recently been declared bankrupt and his firm has been closed down.

His attempt to get a legal ruling against 27 people accused of illegally downloading pornography was dismissed by the Patents Court.

Peter Bradwell of the Open Rights Group told us: "This hopefully serves as a funeral for speculative invoicing in the UK. These schemes used quite indiscriminate allegations of copyright infringement as a way of scoring easy money from the public. It does nothing for artists and has no place in the modern copyright rulebook."

In addition, the use of IP addresses by these firms and copyright holders as evidence of wrong doing has caused judges and MPs huge concern. Once rights holders have the IP address of an alleged infringer, they can apply to the courts to obtain what is called a Norwich Pharmacal Order. This order then forces an internet service provider to identify the subscriber so the rights holder may then pursue them for copyright infringement. However an IP address can only ever identify an account holder and not an alleged infringer.

James Firth, chief executive of Open Digital Policy said: "I don't know if we have seen the end of speculative invoicing. On one hand the DEA will provide a wider net to catch alleged infringements, but on the other hand judges are likely to get tougher on in the standard of evidence required in the granting of Norwich Pharmacal Orders to unmask alleged offenders.

"And solicitors are likely to be more wary about clearly outlining the legal position of account holders – who aren't automatically liable for all infringements on their internet connection, if done without their blessing or knowledge."