Have you received a letter from Davenport Lyons or ACS? - Page 21

Tezcatlipoca · 08-12-2008, 22:17

http://www.bbc.co.uk/blogs/watchdog/...tening_le.html

09-12-2008, 11:35

Quote:

Originally Posted by Matt D

http://www.bbc.co.uk/blogs/watchdog/...tening_le.html

Lots of "This comment is awaiting moderation" comments...

photodude · 10-12-2008, 07:55

Quote:

Originally Posted by Kymmy

If you read the PRON article it does mention LAWDIT in Southhampton who's acting on behalf of a lot of clients, could be the first step for those wanting to defend this action..

I gave that info several pages back

Quote:

Originally Posted by photodude

For all you guys with letters:
Send in your defence/denial of the copyrights breach, and request their evidence of the breach. (Important you do this, as they are only taking none responders to court, as these are the only cases they can win by default)
If they reply with their evidence, look through it, and see if your defence still stands on a balance of probability.
If they give you a court date, here is the solicitor representing the respondents for free:
http://www.lawdit.co.uk/reading_room...fringement.htm
If you or your solicitor don't turn up, a default judgement will be made in their favour.

On checking, I've now read 2 cases where people paid up (out of fear of court action), and then got demands for more money, for other claimed breaches.
Whatever you do, do not pay a single penny, or say anything in your replies that could be turned against you.

Quote:

Originally Posted by Matt D

http://www.bbc.co.uk/blogs/watchdog/...tening_le.html

Watchdog just back up everything I've said in this thread. The evidence IS flawed, and they are just trying it on

They have to prove it was the person named that copied and uploaded the file, not just their IP. And also prove it is/was on their computer. Without that, they have no case against you.

Hate to say it, but I told ya so

slash181 · 10-12-2008, 17:58

Right quick thing to say.....anyone who has recieved a letter from Davenport lyons would be happy to know that Atari have dropped the case with 'Test drive unlimited'
also many of you are wrong lol davenport lyons have always worked with digistep or whatever they are told.
thankyou for all of you who kept in touch, i will send personal emails to each of you who contacted me.

10-12-2008, 18:54

Quote:

Originally Posted by slash181

Right quick thing to say.....anyone who has recieved a letter from Davenport lyons would be happy to know that Atari have dropped the case with 'Test drive unlimited' ..

WE KNOW!!!! Read the thread!!

slash181 · 10-12-2008, 19:01

well im glad u all know already. but im not gonna read 21 pages of arguing and BS..... i did post on this thread at like page 4 - 7 cant quite remember which page.
so ignore my post.

Tezcatlipoca · 10-12-2008, 21:01

Quote:

Originally Posted by photodude

Watchdog just back up everything I've said in this thread. The evidence IS flawed, and they are just trying it on

They have to prove it was the person named that copied and uploaded the file, not just their IP. And also prove it is/was on their computer. Without that, they have no case against you.

Hate to say it, but I told ya so

Indeed.

Re. the IP "evidence", do you (or anyone else) know if they actually connect to the defendant's IP as a peer to sample what they were allegedly seeding? Or do they simply rely on the IPs the tracker reports are in the swarm... which is hardly proof, seeing as it's a known fact that certain well known trackers deliberately insert innocent IPs into the swarm report?

Their evidence can't be too great, seeing as they have already dropped cases against people who protested their innocence, such as IIRC an old couple who were accused of sharing an Atari game? (the bad press from which is I assume what then caused Atari to drop DL).

SimpleSimon · 10-12-2008, 21:27

Saw this

http://www.theregister.co.uk/2008/12...ons_complaint/

on The Register today.

Looks like they are going to be investigated by their Professional Body

Simon

Tezcatlipoca · 10-12-2008, 21:30

Go "Which?"!

SimpleSimon · 10-12-2008, 21:46

Lets hope it comes to something though.

Simon

icsys · 10-12-2008, 23:33

And here's a direct link to the which? article.

Mick Fisher · 11-12-2008, 01:06

Davenport Lyons will probably deny everything and hope that Which's lawyers take no further action.

Turkey Machine · 11-12-2008, 07:45

Quote:

Originally Posted by Mick Fisher

Davenport Lyons will probably deny everything and hope that Which's lawyers take no further action.

I hope for everybody else's sake that Which's lawyers don't take no further action and pursue them to the maximum extent of the law.

cook1984 · 14-12-2008, 18:18

An update on my case against DL:

They have written to the court and asked to have another hearing because they claim they didn't have time to prepare their evidence and defence enough. They seem to be saying that because they lost they therefore must not have had enough time.

I'm not sure what the court will do. If there is another hearing I'm sure I will prevail, and they will just end up owing me even more money to cover time off work, registered post etc.

I am still trying to get reliable information on the ISP Davenport Lyons uses. If I can find an IP address I can tie to them, I can send them a copyright infringement notice and demand payment from them. At that point I will probably have to look for some pro-bono legal representation. Ideally it would go to court, because then DL would be in the position of having to prove that an IP address and a screenshot is not enough evidence to prove copyright infringement, which would be ironic to say the least

CrowmanUK · 14-12-2008, 18:53

Well they had as much time as you did mate, if they cant be arsed to get to the court on time that just shows their contempt of the small claims court, good luck if they do get another chance but I can't see any judge letting them get back in.