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Old 08-10-2008, 18:36   #220
photodude
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Join Date: Sep 2007
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Re: Have you received a letter from Davenport Lyons?

I was digging about earlier, and found the court order they used to get the ISP's to hand over the details. The site I got it from (sorry lost link in power cut) pointed one important thing out about the order. It stated that they had obtained the IP's of people downloading the game to their PC's, and "assumed" this was for the purpose of sharing it, thus creating a POSSIBLE breach of copyrights. In other words, they could prove you downloaded it (not a crime or breach in uk law), but could not prove you also uploaded it, or breached their copyrights. This is why they are now trying it on, to get people to pay up, or get default judgements.
Also note that it is a "prima facie case", in other words a case in which the evidence presented is sufficient for a judgement to be made unless the evidence is contested.

Here is the high court order http://www.digiprotect.org/html/hc_london_300608.html

I think this makes it even more important that people contact them requesting the proof that they downloaded or uploaded the file, or copied it for others
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