Quote:
Originally Posted by Mick Fisher
As it is well known that swarms are 'seeded' with fictitious IP's wouldn't it be impossible to prove, beyond a reasonable doubt, that a particular individual downloaded/uploaded something/anything.
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You're quite right, it can't be proved beyond reasonable doubt. However, because Davenport Lyons have gone down the civil action route, all they require is balance of probabilities. They just have to convince a judge 51%.
It's arguable that an IP alone could do this - with a halfway competent defence (and a well informed judge) I don't think it would stand a chance of reaching the required level. If no defence is filed (as in the case of Ms Barwiniska) then the judge will have no option but to side with DL.