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Old 30-08-2008, 15:19   #58
brundles
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Join Date: Jan 2006
Location: Berkshire
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Re: Have you received a letter from Davenport Lyons?

I think that scam might be a bit strong a word. You yourself have admitted downloading the game they have identified - the date stamps might not match, but they've obviously found the suspect they were looking for.

I'll agree it's possible that they're hoping for everyone to pay up rather than go through court (which costs them money too) but scam implies they're just making things up to con people - which they're clearly not.

It might also be worth highlighting that the warnings from the ISP are only part of an agreement between SOME ISPs and SOME rights holders. There is nothing to stop other rights holders (as is the case here) going through the courts to force release of the data from any ISP - at which point you will not get any notification from the ISP.

It's possible that the company paid by the rights holders hasn't done the best job in the world (as hinted by the CAG thread you linked to) but don't think for one minute that means it's a scam.

Any attempt to fight through the courts here would rely on proving evidence faulty rather than proving innocence - dodgy ground to say the least. All that will do is force them to up the quality of work done and in turn the size of the first instance out of court settlement figure asked for.
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