Heh, take a look at how "you" think, not me. It's not failed at all, and people on here also stated it wasn't a failed logic, but those posts got deleted. You've just totally ignored the previous two posts. Have a week off to learn to read.
It will probably cost DL too much money to go out and inspect every single computer in question. However they are more than welcome to do so, if that can be a positive evidence in my defence. As I have mentioned here before, due to the date of alleged offence being nearly a year ago, I have upgraded both hardware and software on a number of ocasions (got receipts to prove that) and disposed of my old hardware (just trying to stay at the top of the game as many people do). And since I've done so months before I received their letter, I don't think they can blame me for not keeping the old stuff.
Wouldn't advise that - wasn't there a news item about someone doing just that (or was it replacing the entire drive) and then lost the case against the RIAA because of it? If they've not downloaded the program then there wouldn't be any point in formating anyway. I'd agree with what others have said and seek professional help (see the Citizens Advice bereau at the very least).
An article on Logistep's illegal monitoring for anybody interested. http://torrentfreak.com/anti-piracy-company-spied-on-thousands-of-p2p-users-080317/ and another one http://filesharingz.com/forums/lofiversion/index.php?t173302.html I've just sent an email (want to have a record of this) to my ISP to see what they have to say about all this. Fact of the matter is, unless UK ISPs join their forces and do something about this - we'll have hard time proving anything. In Italy, France and Germany it was ISPs who made the first move and got Logistep running for the hills. Email your ISP if you're in the same boat and hope they do something about this. At the moment, as far as I understand, they are forced into giving up our personal information by a criminal court order, which then is dismissed by Davenport themselves.
ok I have had a look around but have not read all the post. I'm one of the original pinball dreams (supposed) downloaders and to this day have only had threats from davenport lyons. I'm at the stage now where they have said they will be taking me to court............but that was 6 month ago and nothing has happened.... they are all bark and no bite. you can see some of my posts on http://www.slyck.com/forums/viewtop...d=dad8c53aa8daf8382f7a6eea85bbd3f2&start=1075 Try to keep this topic. This will help the people who have started the thread and require help. For all the anti piracy people trying to cloud this topic find you own site and set up your own thread and don't PIRATE this thread. Davenport will blatently lie, not follow set procedures, give information which although true would be not admissible in a uk court. I actually hate this company and the way they have gone about taking people to (supposed) court. They are threatening people with lies so they make a quick buck. It's been going on now for nearly 2 years and yet of the hundreads of people they have "proof" only 3 have been taken to court.... That alone shows how flimsy their evidence is....picking on people who have moved and dont know anything about it or are dead... If you want to complain i would say try the law society. In the meantime deny all charges and ask for all evidence they have. I would also recommend reading the slyck forum where you'll be able to read how it will go..threatening letter , more threatening letters and no action. http://www.slyck.com/forums/viewtopic.php?f=31&t=31051&st=0&sk=t&sd=a&sid=dad8c53aa8daf8382f7a6eea85bbd3f2&start=1075
shouldnt have parked there then???? Come on folks lets just admit it. Piracy is wrong. Yes the system isn't perfect and people resort to downloading software to avoid DRM/ security measures or to "try before you buy". But it's a vicious cycle: 1)They make games with DRM etc in an attempt to stop piracy 2)People find a way around the DRM and pirate them anyway 3)Go to one Even if you buy the product afterwards anyway, you have contributed to the number of people who pirated. Those numbers are given to software devs/publishers who, obviously, don't like them. And so the cycle repeats... Anyway this is topic is turning into a discussion on piracy etc perhaps we should stop posting (or create a new thread) unless it is directly related to the Davenport Lyons situation
A short note of satisfaction for everyone in the fight: German authorities in most german states no longer go after people who download small quantities. Only big time copyright infringement will be prosecuted. The reason for this, is that in order to file a suit against the accused, the plaintiff(?) must first engage the state attorny, who then opens the case etc. etc. ... but the costs of the work the state attorny does is far too high in comparisson to what the plaintiff would get in repairs for the small download. Back on topic: after reading the entire thread I believe it is best to take a lawyer and show those bullies that their scare tactics can cost em... sue them, sue them sue them... damn *******s. Just my 2 cents... Cheers
I have no idea how the UK judicial system works but I'm pretty sure that when you are accused of any questionable act (criminal or not) the com plaintive is obliged (by law) to provide proof of your act/acts. The fact that the company in name here denies to give up any of the alleged proof they have against you is grounds enough to sue. excuse me sir but you CAN NOT accuse someone of any wrong doing without any LEGALLY ACQUIRED proof. You (the com plaintive) are therefore obliged to show me the proof AND prove the legal acquisition of it. On a more technical side, If you have not downloaded the alleged software for gods sake DO NOT: -Replace hard disks -Format hard disks Don't even defrag. Any of the above may constitute admittance to the allegations. There are companies that specialize in data recovery from data storage devices. Tell the com plaintive that they are welcome to pop by, pick up your pc and take it to be analyzed. Don't forget to tell them to pick up the bill as well. Depending on disk size it could amount to tens of thousands of pounds. If you really want to kick them between the legs, invest a couple of hundred and add 4 terra on the machine, fill them with cr@p and then delete everything on them. Just for fun demand a picture of there faces when they get the bill and an answer stating that you never had any such data stored on your machine! Of course, when they apologize, DONT say "hey, no problem", slap them in the face with multiple law suits and hit them to full extent of the law! As many have very well stated, get a good lawyer, better yet, look at good law firms. In this particular case, my advise to you is "fight fire with fire!" On the other hand, if you've been a naughty boy , cough up and don't do it again.
truthfully it doesn't anymore unless you have money by the bucket load. Joe Public might as well spin a coin and call it in the air. He has more chance of getting a fair call that way, then relying on the British legal system and that goes for both civil and criminal courts.
Hi all. Just my two cents worth if DL are harrassing people with letters and reading through the thread using suspicious meothods of aquiteing information on people then why not also report them to all the regulatory authoritys along with the letters ect and refusal to provide your information to them. I'm sure if they are using suspect meothods then the Office of Fair Traiding, the Legal Complaints Service (LCS) and the Solicitors Regulation Authority (SRA) would be intrested in taking a look to mention just a few. I am no legal expert here but if they are indeed scaming people then really hit them where it hurts and have their licences to practice revoked so they don't persicute more innocent (or in some cases not so innocent) people. Now awaiting the abuse lol....
That seems a bit harsh. Granted if the format/replacement of a hard drive was just after the date of the claim that would look a bit iffy. Most of the alleged infringements took place some 9, 10, 11 or so months ago, some even approaching two years. Chances are there will be some upgrades carried out (e.g. XP to Vista) and its commonly recommended that people should defrag - my mother-in-law mentioned defrags the other day and she's 60 and has trouble working a microwave! Another thing on the subject of inspecting PC's, surely there has to be sufficient evidence that the shared file(s) are on a specific computer for an order of inspection to be demanded? And as someone mentioned before, if that's the case then the computer doesn't need to inspected as the proof has already been gained. Furthermore, submitting a PC for inspection and no evidence of the alleged file(s) being found there's no way to show that it's the correct computer unless there's specific evidence pointing to a particular PC and so we're back at square one.
Thats exactly the point there is NO WAY IN HELL that they have ANY physical evidence to support what they are implying. A logged ip address (from a sketchy source or wireless lan ) is not physical proof. Physical proof can only be obtained by direct access to the machine in question. And IF they have physical proof without the consent of the owner and/or without a court order, then, they've broken a s***t load of laws. Such proof obtained in an unlawful manner is: A. Not admissible in court and they know it. B. The culprits may be subject to criminal charges AND THEY KNOW IT! As you correctly stated: "submitting a PC for inspection and no evidence of the alleged file(s) being found there's no way to show that it's the correct computer unless there's specific evidence pointing to a particular PC and so we're back at square one." That is EXACTLY why they're asking for money upfront and NOT taking other legal action. believe me, if they had a leg to stand on, they would have sent a court summons accompanied by a possible arrest and would be asking an arm and a leg and NOT 5-6 hundred pounds! Think of it logically (although logic seldomly applies to law). Why would a law firm bother you for bread crumbs when they can take the whole loaf? Or can they? Remember, it will cost them A LOT of money to take all these cases to court and if they lose JUST ONE of them, all the rest are thrown out the window. Can you imagine the losses? Can you imagine the embarrassment? All this reminds me of the school bully demanding each kids lunch money in exchange for being left alone. But what happens when ALL the kids get together and stand up to mister bully? Mister bully goes home crying! So why don't all who have received this letter (wrongfully), stand up to these bullies and give them a thrashing they'll never forget. -- edit -- Just to add to the "conspiracy theory". I find it a little "iffy" that you "Duracell" just joined today and your first post just happens to be in this thread. -wink,wink-
Just out of interest, how can they differentiate between an illegal torrent (Music, Films, Games ETC), and legal torrents, such as Linux and patches?
Anything that in its original EULA states that copying and public distribution is prohibited. In a nutshell, anything mainstream that you would expect to find on the shelves. there was a case a while back where a company (or a proxy) created torrents of there products, post them on the net and then track all who leeched. They then filed suit against the first 100 or so seeders. TBH I'm not sure of the outcome but if I'm not mistaken, it backfired on them. Again, I'm not sure so don't quote me on that
Of course it backfired, they put the torrent up therefore making it available for free to download therefore giving permission to people to download their software for free. I can sum up the Davenport Lyons case in 1 word: Extortion. Extortion is: "You give me money or bad things will happen to you!" Everyone who received a letter should get together for a class action against them, sue the buggers.
Apologies, I could have worded my question a tad better. What I meant to say is, if they spot you downloading a file, how do they know what you are downloading? Create a torrent and watch who it gets sent to, or is it more complicated than that?
How about filling it with legally obtained music? Say, 1tb of music that you've bought and ripped to Mp3, and 2tb for .flac versions. I'm sure they'd love analyzing that.
