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Old 07-10-2008, 18:29   #192
photodude
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Re: Have you received a letter from Davenport Lyons?

Quote:
Originally Posted by shawty View Post
Its got nothing to do with Virgin Media. If someone in the household has downloaded something illegaly, then they will set out to find out who, or in this case, the account holder, due to the fact thats who pays the bill. I guess its just the same as a car, the owner of the car is responsible for knowing who is driving it at any given time. Im guessing the same applies here. Someone is the quilty part in the household, so they go for the account holder due to the fact he is responsible over the internet connection.
Shawty, you hit the nail on the head.
The same applies with this case, as applies with registered keepers of cars and other drivers committing offences. If you can't ID the exact person driving the car and committing a speeding offence etc, you (the registered keeper) can't be prosecuted.
If you can't ID the exact person using the computer, and committing the copyrights breach, they can't claim damages and costs against the account holder. As some of the download times date back 1-2 years+, people can not be expected to remember who was at the PC at that time, so the "unknown downloader/unaware of download" defence stands up in a balance of probability.
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