Quote:
Originally Posted by lilcee
Hi all,
I've received a letter regarding infringement copyright for the test drive unlimited game. AND yes - i didn't do it!
I've sent a reply to DL in response to their request for payment on behalf of Atari, and I've informed them I dispute this. Our internet connection wasn't secured at the time of the download and apparently the IP addresses, I have been informed by Virgin Media are dynamic and not static - so how can I prove the IP address they've quoted wasn't mine at the time of the download. (surely its the upload not download, so they need to prove its been uploaded from us??, just a thought)
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An unsecured network is no defence...as it's in VM's T&C's that you are responsible for who/what is connected to thier network.
Also the dynamic IP's are logged as to which account had them at any point in time. The request by them to VM for the IP info would detail the exact time that the infraction took place and VM will give them the exact users details..
As for upload that's simple, they just had thier P2P client going and logged every IP/DATE/TIME that could provide them with a segment of the requested file.. Just about anyone with a P2P client can do the same
---------- Post added at 14:02 ---------- Previous post was at 13:59 ----------
The only defence you might have is whether the records show the IP was registered to a local UBR as cloned modems might show up as a seperate UBR out of your area...All you can do is to ask for the evidence that DL possess but that'll probably be in the letter which also should hopefully include the rDNS of the IP