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Old 20-02-2009, 18:47   #405
cook1984
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Join Date: Sep 2008
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Re: Have you received a letter from Davenport Lyons?

Quote:
Originally Posted by Toto View Post
They haven't paid up for the small claims you claimed you WON from them?
That is correct. They are currently trying to appeal it by claiming they were not given enough time to prepare, which is why they did not turn up to the hearing. They tried to get another hearing for next month when they knew I would be away, but it has been postponed until June now.

Quote:
Originally Posted by Scarlett View Post
From my laymans understanding of the second paragraph, they are suing you becasue you have at some time connected to a bit torrent on which it is possible to obtain there clients software.
Not quite. They don't actually know if you were connected to any torrent or tracker. All they have is an IP address, which identifies nothing.

When your car is caught speeding by a speed camera, they send you a notice asking you who was driving at the time. They have no way of knowing who it was, but the law does require you to make a reasonable effort to work out who it was. It doesn't matter who owns the car, only who was actually driving it at the time.

Civil law for copyright infringement has no such requirement. It is up to DL to prove that you personally did it, which they simply cannot. There is no technological way of doing it, short of hacking into your webcam
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