British label threatens file sharers with legal action

British law firm Gallant Macmillan has sent out a mailing of two thousand letters to alleged file sharers, accusing them with illegally downloading music. The letter threatens the recipient with legal action in which considerable damages are at stake, unless he is willing to settle, typically for an amount of around 350 pounds.

The letters are sent on behalf of dance music label Ministry of Sound. It is not the first time such a thing plays out in the UK. The firm ACS:Law started this strategy about a year ago and has now sent thousands of letters, sometimes charging up to a thousand pounds. 

The BPI, representing the British music industry, does not favour such an approach. Although it does have a high interest in fighting file sharing, it states that: "Our view is that legal action is best reserved for the most persistent or serious offenders, rather than widely used as a first response."

According to lawyer Michael Cole of the firm Lawdit, that has represented hundreds of people who received such a letter, none of the cases has gone to court. He believes the chances are very slim that such a case would hold up in court. "It seems to me that the only way a claim can be upheld is if you admit it or if they inspect your hard drive." Cole is so confident that he has promised to represent those accused for free, provided that they did not download the file.

Apparently, the Ministry of Sound feels that the Ministry in charge of the Digital Economy Act, the law that was recently adopted to counter file sharing, is not acting fast enough.