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Re: Have you received a letter from Davenport Lyons?
Atari (Test Drive Unlimited and other Davenport Lyons "traps") have sacked Davenport Lyons due presumably to their "ambulance chasing" tactics, and their practce of "baiting" various peer to peer services with their wares in order to procure IP addresses that they can then chase for their £500 pay off.
It would seem that a large and reputable company like Atari, no longer wish to be linked with such practice.
It should be understood, that the Davenport Lyons campaign, though unethical and heavy handed, was, just, legal. Their evidence trail was weak and their source at best questionable and (in my humble opinion) none of it was likely to stand up in court if defended properly......BUT IT WAS LEGAL.
Now we come to an interesting point. Notwithstanding the fact that "offenders" who were scared into paying had to give an undertaking not to partake in further file sharing, in other words declaring themselves guilty. Are the fees they paid to Davenport Lyons recoverable?
I would wonder, under the wonderfully obtuse British legal system, if those payments collected would be returnable as Atari have effectivly withdrawn their case, also, if the payment has been held by the acting solicitor (Davenport Lyons) in a client account (which earns interest) is interest payable on the returned amount? Also, as Atari have withdrawn their case, are those of us who contested the claim entitled to claim back the cost of the time, trouble and effort not to mention stress, involved in so doing?
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