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DavenPort lyons Suing me

Discussion in 'Serious' started by matthew223, 9 Jul 2008.

  1. matthew223

    matthew223 What's a Dremel?

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    bethere unlimited
     
  2. atanum141

    atanum141 I fapped to your post!

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    And at torrenting aswell it seems.
    Start contacting some sort of legal council.
     
  3. modgodtanvir

    modgodtanvir Prepare - for Mortal Bumbat!

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    One word: PeerGuardian

    And I must say, I have no experience of bethere.
     
  4. mushky

    mushky gimme snails

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    Just ignore it mate.

    Honestly, I'm not just saying that because you're the one with the letter and not me. I've heard about this lot before doing the same thing to other people. They rely on scare tactics to make money. If they send 100 letters out and 2 people pay up through fear and without question, then they are quids in. Why would they bother chasing the other 98? Even if they have a case (they don't) then they wouldn't take it to court for cost reasons.

    Bin the letter, frame it, whatever. Buy a copy of the game on ebay if you are that worried. Just ignore them.
     
  5. mushky

    mushky gimme snails

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    Having said that I'd also say to not take legal advice off a computer forum. Apart from mine :D haha just joking, probably mine especially lol

    What letter? ;)
     
  6. koola

    koola Minimodder

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    If it isn't registered post then don't worry, you never received it and ignore the letter.

    If you receive further post then write back to them and ask to see the evidence (Time and IP of Intellectual Property infringement). If they provide the details then check this with your ISP else send them a polite letter stating that you are innocent and do not wished to be contacted again.

    However, if the details tally with your ISP then go seek legal advice.
     
  7. Veles

    Veles DUR HUR

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    They did the same for me a few months ago, this was about Two Worlds, I just ignored it, and I believe nothing ever came of it.

    According to the lawyers at my dads work, they would have to go via a small claims court so they wouldn't be able to recoup any fees so they'd make very little. They've been given a massive number of cases, they just send out letters demanding money with the intention of not following up on them if they aren't paid. Con artists IMO.
     
  8. Loz

    Loz Blah Blah

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    This is the reason I recommended against ignoring them:

    http://www.theregister.co.uk/2008/07/02/davenport_lyons_dream_pinball_win/

    "None of the four filesharers were represented in court last week to contest the accusation that they had illegally shared the game Dream Pinball 3D. The no-show meant the court was forced to find in favour of the plaintiff."

    You might be OK ignoring them at this stage and hoping they don't take it further, but I'd take it seriously.
     
  9. mushky

    mushky gimme snails

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    Well yeah, don't ignore a court summons :eek: You haven't got one so for the time being, ignore them.
     
  10. Loz

    Loz Blah Blah

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    Mushky: Seems obvious, but clearly not to everyone ;)
     
  11. Ryu_ookami

    Ryu_ookami I write therefore I suffer.

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    get yourself a lawyer via legal aid then insist that you never did it and when it gets to court and they are (hopefully) unable to prove it was you ask your solicitor to ask the judge not only to find in your favour but to award a settlement for loss of earnings (the day of work) + a sum for the emotional stress and worry that it has caused you. Basically make it bite them in the ass so that they leave you alone from then on.
     
  12. Krikkit

    Krikkit All glory to the hypnotoad! Super Moderator

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    Just a quick note that I've never had any trouble from Be* with downloading illegal stuffs... Sounds like a scam to me, however, best seek some legal advice tbh. :)
     
  13. Hugo

    Hugo Ex-TrustedReviews Staff

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    (edited for clarity)

    Just write telling them you didn't download their game and have no intention of paying any sum without them proving you did (which will be impossible as you didn't). See what happens, in all likelihood they won't follow up.
     
  14. Scirocco

    Scirocco Boobs, I have them, you lose.

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    Court summons or being served a lawsuit is much different than a stock demand letter. I wouldn't spend any money on legal counsel (although free is good) unless I'm actually sued.
     
  15. outlawaol

    outlawaol Geeked since 1982

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    Im very glad I dont live in the UK... seems like every other minute the government (directly or indirectly) is giving some citizen hell. Must suck to fear 'you might break the law' every 15 seconds.

    Also, be very sure this isnt a scam. Could very well be one.
     
  16. Veles

    Veles DUR HUR

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    They are an actual legal firm, but it's basically legal scamming, these guys are just like builders who prey on the elderly and tell them they need loads of work done they can't afford.
     
  17. matthew223

    matthew223 What's a Dremel?

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    You know looking at the times they say i commited this, i was at work so it couldnt of been me, now i live in a household of three of people with pc's, does that imply that i still take blame for someone elses wrong doing. Im off to see citzens advice see what they say today.
    Cheers for all advice
     
  18. Ryu_ookami

    Ryu_ookami I write therefore I suffer.

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    let us know what the citizens advice say :)
     
  19. theevilelephant

    theevilelephant Minimodder

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    if the internet subscription is under your name then arent you legally responsible for what it is used for? I know thats highly unfair but i seem to remember that being the case
     
  20. BentAnat

    BentAnat Software Dev

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    Yeah - first step: cover your bases (i.e. get some advice, letter from the office stating you WERE in fact there, etc) and ask them for proof.
    They provide CONCLUSIVE proof, and you go get a lawyer. They don't provide conclusive proof (remember - they not only have to prove that your IP did it... they have to prove that it was YOU on your IP, and not someone else). With the lawyer, you make sure to establish your innocence, and then fire back - Loss of income, baseless accusations (don't know what the shark-word for that is, basically saying that your image suffered under that), emotional stress - you should be able to make ten times the amount they want from you. Oh, and make sure you call them up and ask if they sent summons. Without court summons, you could still sew them. But without a court summons, they can't make you pay up... remember - innocent until proven guilty.
     

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