Quote:
Originally Posted by scantheman
It was not me who downloaded the game it was my 13 year old son....i don't ever even play games.
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I wouldn't pay. You did not infringe their copyright, for 13 year old son did. If they want to take legal action against him, that's up to them, but somehow I doubt his paper round will cover their costs. Not to mention the brilliant PR it would generate.
---------- Post added at 19:25 ---------- Previous post was at 19:22 ----------
Quote:
Originally Posted by Tapps
I am doing some research for a friend and came across this forum. One of my friends was taken to court a 3 weeks ago and lost. He hired a lawyer who were quite confident they were going to win and tried to get Davenport Lyons to drop the case by making offers outside of court. The offers were like you pay everything to date and drop the case and our client will be happy, but Davenport Lyons rejected all of this. At the hearing the judge ruled against my friend and his expected costs are expected to be in the region of £8000. Now the solicitors say they can't do anything about it and say they can not help.
Has anyone else experienced this?
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He lost because he admitted he downloaded whatever it was. By offering to settle out of court, he admitted it.
The important thing to remember is that Davenport Lyons have absolutely no evidence what so ever that you infringed any copyrights.
They have an IP address and a screenshot. That does not identify you. It up to them to prove that it was you personally uploading the file to them. They cannot do this, there is simply no way, technical or otherwise.
Just tell them firmly that you did not do it and that will be the end of that. I have had three of these letters now, one via Zen many years ago for Borland and two from Davenport Lyons. I managed to take DL to Small Claims Court and win over the last one, but they have not paid up yet.