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http://www.slyck.com/forums/viewtopic.php?f=66&t=44092&start=14300#p568663He then went on as to why wasted costs would be applicable - I couldn't keep up with my note taking, but he talked about the fact that MediaCAT was not an exclusive license, that the copyright holder was not a party to the proceedings and that all parties needed to be joined. he then went on about tens of thousands of letters sent out demanding monies totally out of proportion to damages and costs. Cited Sheppenhurst & MediaCAT agreement (which Rali had requested from MediaCAT) whereby the solicitor gets 65% of all monies received after costs. Copy handled to Judge who had not seen it before. He said that such an agreement was contrary to the Solicitors Code of Conduct. The letters sent where wholly flawed in terms of the law and an abuse of the process for these types of proceedings that were conducted. The appropriate remedy in such an instance is the wasted costs remedy. In applying for an order for wasted costs, Tritton stated that these should be "off the scale". he then cited 45.412a - sacle costs not restricted where than has been abuse of court and 63.262 where parties had behaved unreasonably. Also concerned that MediaCat don't have the funds.
Things are looking bleak for ACS:Law nowJudge Birss said:"I want to tell you and your client I am not happy and I get the distinct impression with every twist and turn that there is a desire to avoid any judicial scrutiny"
this had better be good to live up to all that hype.. i'm sorted for musical needs, but am very interested to see what this is all about!MyCult said:TheMusicBay - looks like our friends are wheeling out something new for 2011.
Yeah, right!"It has always been my intention to litigate and, but for the fact that I have ceased this work, my intention was to litigate forcefully in these 27 cases," he said.
Agree - torrent != piracy.wizzard said:Or everyone could go back to using torrents to legitimately distribute stuff. Nothing wrong with the platform itself, just got hi-jacked