Thread: Have you received a letter from Davenport Lyons or ACS?
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Old 07-10-2008, 21:53   #196
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Re: Have you received a letter from Davenport Lyons?
Quote:
Originally Posted by photodude View Post
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.
It is the responsibility of the account holder because you are the person paying the bill, no comparison can be made to a motoring offence, as any case would be heard in a Civil Court.
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