Wednesday, March 16, 2011

Judge considers costs for ACS Law

Controversial law firm ACS: Law returned to court on Wednesday as the cases it brought against alleged file-sharers were officially closed.

Andrew Crossley, the solicitor at the heart of the controversy, was absent from court but could still face heavy fines.

Judge Birss is considering whether ACS: Law should pay the defendant's costs.

Ralli, the law firm which represents five of the accused, is seeking �90,000.

It is unusual for a judge to impose so-called wasted costs and only happens when legal representatives are considered to have acted improperly.

ACS: Law was heavily criticised by Judge Birss in an earlier judgement on the case.

The normal procedures for apportioning costs may not apply, he warned at Wednesday's hearing.

"If ever there was a case with conduct out of the norm it was this one," he said.

Speculative invoicing

Mr Crossley has faced a barrage of media scrutiny since he began sending letters to alleged file-sharers in June 2009.

Consumer watchdog Which? highlighted several cases where people claimed to have been wrongly accused.

Critics increasingly accused Mr Crossley of pursuing a letter-writing campaign against alleged net pirates as a way of making money - so-called speculative invoicing - with no intention of ever bringing them to court.

People receiving letters were offered the chance to pay a fine of around �500 per infringement.

This view was given validity when Mr Crossley brought 27 cases to court but sought to discontinue them at the last minute.

A frustrated Judge Birss refused to allow the cases to be dropped and instead put the methods of ACS: Law under the spotlight.

He accused the firm of seeking "to avoid judicial scrutiny".

At a hearing in January, Mr Crossley dramatically withdrew from the cases, saying he no longer wanted to pursue illegal file-sharers because of the "immense hassle" it was causing him and his family.

Bleak House

His barrister Paul Parker argued in Wednesday's court hearing that he should not be liable for costs.

He said that Mr Crossley's file-sharing case load had operated at a loss, with Mr Crossley claiming to have spent �750,000 on pursuing net pirates while making �300,000 from people paying fines.

Guy Tritton, barrister for Ralli, countered that the way ACS: Law had conducted the cases amounted to "an abuse of process" and drew parallels with Charles Dickens famous courtroom drama Bleak House.

"Dickens view that the one great business of British law is to make money for itself is apposite in this case. The primary purpose of the letters was to make money for ACS: Law," he said.

As well as proving to be a fascinating courtroom drama, the case has wider implications as governments around the world grapple with how to deal with the issue of copyright theft.

The cases have brought into question whether an IP address - the numerical code which identifies an individual computer - can be used as evidence in court.

The UK's Digital Economy Act, set up in part to deal with illegal downloading, is facing its own judicial review next month, with ISPs BT and TalkTalk claiming that the measures introduced to chase illegal file-sharers "simply won't work".

A group of MPs will hear evidence next week as it takes its own look at the Act.

Meanwhile Mr Crossley is under investigation by the Solicitor's Regulation Authority.

The Information Commissioner is also considering whether ACS: Law should be fined for a data breach, which saw the details of the people who had received letters and the pornographic films they are accused of downloading exposed online.

Law firm Ralli is considering pursuing a group action for harassment against ACS: Law.



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Apple delays Japan iPad 2 launch

Apple has postponed the launch of the iPad 2 tablet in Japan, as the country struggles to recover from the recent earthquake and tsunami.

Originally planned for 25 March, the company said its launch had been delayed indefinitely.

Many technology firms are facing supply problems after factories in Japan shut down in the wake of the disaster.

However, an Apple spokesperson said the announced delay was unrelated to any supply shortages.

"We are delaying the launch of the iPad 2 in Japan while the country and our teams focus on recovering from the recent disaster," said Natalie Kerris.

Apple has been using its iTunes store to accept donations for the American Red Cross' (ARC) Japan earthquake and tsunami relief fund.

According to the company, 100% of the proceeds will go directly to the Red Cross.

While the country's main focus is on the human cost of the disaster, many businesses are also facing challenges.

Sony, Panasonic, Toshiba and Canon had all been forced to halt production in the immediate aftermath, in order to carry out safety checks.

The prospect of rolling power blackouts means further interruptions are likely over the coming weeks.

US launch

The updated version of the Apple's iPad first appeared in stores across the US last Friday.

Many retailers reported running out of stock within hours, and analysts estimated sales to hit 1m units during the weekend.

Buyers in 24 other countries, including the UK, will be able to get their hands on the iPad 2 next week.

Apple CEO Steve Jobs has unveiled the tablet computer at an event in San Francisco on 1 March.

The iPad 2 is said to be twice the speed of its predecessor; it has cameras on the front and back and also features improved graphics.

The first version of the iPad was released in April 2010, and went on sale in Japan in May 2010.



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Google buys Parrot to aid YouTube

Google has bought Irish company Green Parrot Pictures in a bid to improve the quality of video uploaded to YouTube.

The Dublin-based firm specialises in image processing to improve, for example, sharpness and camera shake.

Its technology has already been used by several big Hollywood film studios on movies such as X-Men and Spiderman.

Google said that Green Parrot's technology would enhance the look of videos posted on its site while using bandwidth more efficiently.

A statement, posted on Green Parrot Pictures' website said: "We're excited to join Google, where we will apply our expertise to improve the online video experience for hundreds of millions of users worldwide on may different products, platforms and services."

Green Parrot Pictures was founded six years ago by Dr Anil Kokaram, an associate professor with the school of engineering at Trinity College, Dublin.

Google, which owns YouTube plans to use Green Parrot's technology to perform on-the-fly background processing on user videos.

Writing on the official YouTube blog, Google's director of video technology, Jeremy Doig said: "What if there was a technology that could improve the quality of such videos -- sharpening the image, reducing visual noise and rendering a higher-quality, steadier video -- all while your video is simply being uploaded to the site?

"You can imagine how excited we were when we discovered a small, ambitious company based in Ireland that can do exactly this."



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