1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

DavenPort lyons Suing me

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

  1. bixie_62

    bixie_62 Minimodder

    Joined:
    17 Jun 2004
    Posts:
    1,595
    Likes Received:
    10
    Had a letter about this a few months back, concerning some game called 'two worlds', this game has never been anywhere near or even in my 'collection'

    had the letter through from davenport lyons, and yes, we were with 'bethere' as our ISP before. and as the net connection was in my brothers name, who is now a FY1 Medical student, we just thought it best to pay off the 600quid or whatever it was and be done with it and also include a letter with it stating that 'we have no knowledge of this game and somebody must have stolen our wireless and noting that bethere didnt install wireless security as standard so that was the only explanation'

    since then, we've upgraded our internet connection to virgin medias 24mb service, subscribe to newsgroups with SSL encryption and only 24hour logs

    so, i suggest if you do download free linux iso's and other FREE software from the interwebs, then invest in a newsgroup subscription service and it also means that your more or less guaranteed a high download connection! like, lets say, a 350mb copy of a popular motoring magazine can download in about 6 minutes complete!
     
  2. iggy

    iggy Minimodder

    Joined:
    24 Jun 2002
    Posts:
    1,029
    Likes Received:
    12
    are you mad?
     
  3. fathazza

    fathazza Freed on Probation

    Joined:
    20 May 2002
    Posts:
    3,256
    Likes Received:
    16
    tbh if youre going to the trouble to pay for your piracy you may as well actually pay for the stuff youre taking...
    either way it makes no sense :worried:
     
  4. Flibblebot

    Flibblebot Smile with me

    Joined:
    19 Apr 2005
    Posts:
    4,755
    Likes Received:
    226
    Unfortunately, paying the £600 will be seen as an admission of guilt, regardless of any letter you sent along with it.
     
  5. mushky

    mushky gimme snails

    Joined:
    24 Mar 2003
    Posts:
    5,755
    Likes Received:
    3
    See, this is why they do it. Because it works. Some mug will just cough up regardless. Sorry Bixie, but it's true
     
  6. naokaji

    naokaji whatever

    Joined:
    8 Dec 2006
    Posts:
    1,879
    Likes Received:
    10
    they might just shut up though and never take it to court which would mean no ruined life from criminal record.
     
  7. Gareth Halfacree

    Gareth Halfacree WIIGII! Lover of bit-tech Administrator Super Moderator Moderator

    Joined:
    4 Dec 2007
    Posts:
    15,434
    Likes Received:
    4,325
    Except that copyright infringement is a civil matter. They could take you to court - unlikely - and win, and you still wouldn't have a criminal record.
     
  8. Guest-23315

    Guest-23315 Guest

    ^^ I don't think the excuse 'its my IP, but someone else was using it' works in court.
     
  9. Flibblebot

    Flibblebot Smile with me

    Joined:
    19 Apr 2005
    Posts:
    4,755
    Likes Received:
    226
    No, but the IP spoofing argument might.
     
  10. Gareth Halfacree

    Gareth Halfacree WIIGII! Lover of bit-tech Administrator Super Moderator Moderator

    Joined:
    4 Dec 2007
    Posts:
    15,434
    Likes Received:
    4,325
    No, it won't. You can't 'spoof' an IP like that. You can send packets that have a forged source address, but the replies go to that forged source address - so you'll never see them. You can't trigger P2P traffic using forged IP headers - it's physically impossible.
     
  11. modgodtanvir

    modgodtanvir Prepare - for Mortal Bumbat!

    Joined:
    28 May 2007
    Posts:
    1,960
    Likes Received:
    2
    TBH, if someone wrote me a letter, asking me to pay a fine for a game I'd never downloaded, I'd just tell em to f*ck off. Really, I would. I might first do this by contacting my IP asking wtf is going on, and then I might try and blame them for not having hacker protection as standard.

    If I had downloaded the game, I would buy the game, and then, probably tell them to f*ck off.
     
  12. bixie_62

    bixie_62 Minimodder

    Joined:
    17 Jun 2004
    Posts:
    1,595
    Likes Received:
    10
    hi there
    i appreciate what your saying, but it was a case of a) we pay the 600 quid, or b) we dont pay, dispute it and theres no guarantee they'll drop it and the slight even the most minimal hint that it could in ANY way jeapordise my brothers career (who know has a medical degree and is doing his training), my other brother who is a qualified optometrist or even my chances of getting into dental school this october!

    we were pretty much thinking that it would mean we were admitting guilt for it, but to quite simply prevent what COULD have happened had we disputed it, it was worth a lot more than just the 600quid they were asking! and we had legal guidance all the way through it and our lawyer penned the letter that went with the cheque
     
  13. Khensu

    Khensu likes to touch your special places

    Joined:
    22 Feb 2007
    Posts:
    474
    Likes Received:
    0
    Murder, rape, malpractice or fondling of patients will jeopardise their careers - illegal downloading, on the other hand, will not. And you said no one downloaded it, so why the hell would you have to be "afraid" of any consequences? Innocent until proven guilty, and it's fairly hard to be proven guilty (except in some countries) when you've done nothing wrong.
     
  14. nw104hh

    nw104hh What's a Dremel?

    Joined:
    11 Jul 2008
    Posts:
    17
    Likes Received:
    0
    The Witcher

    Hi

    I've received letter 2 days ago, stating that i've downloaded game called The Witcher!!!!

    I'm syre i didn't do it, and after calling BeThere, i;ve been told that there were 4 computers connected to my wireless network!!!

    What am gonna do is write a letter do this fu_kers form Davenport denying everything... and i need help... english is not my first language, so can anyone just draw me a letter like that?

    Thank You
     
  15. BentAnat

    BentAnat Software Dev

    Joined:
    26 Jun 2008
    Posts:
    7,230
    Likes Received:
    219
    4 computers to your wireless connection?
    That's a bit dodgy, innit? i mean - besides if you share it.

    Don't deny, but tell Devenport that you know of multiple occurrences where their information sources are unreliable. if they insist, just remember - they have to prove you guilty. You don't have to prove yourself innocent. The moment you have any form of reasonable doubt going for you, they can't do jack ****. Then you strike back at them - Trying to scam you out of money, emotional stress, accusation, etc... If you're innocent, you have nothing to worry about. Cooperate, but don't pay them.
     
  16. Fod

    Fod what is the cheesecake?

    Joined:
    26 Aug 2004
    Posts:
    5,802
    Likes Received:
    133
    this happened to a friend of mine. he, however, was guilty and chose to pay the settlement. BUT - the company first provided him with all the evidence they had - it was very incriminating. I would request this information as a first course of action if you haven't already done so. that being said, here's my advice:

    it is the subscriber's responsibility for whatever happens on their internet connection. if they don't want other people using it, they must secure it. if other people in the household have access to it, MAKE SURE that they know what is and isn't acceptable on the network. enforce it if you have to. if you have a secured wireless network and have irrefutable proof that the game was not downloaded to any of your computers (they should have recorded the MAC of the network adapter used to do the downloading, so a simple cross-check should do) then you may have a defence based on the fact that someone gained unauthorised access to your internet connection.

    if you have an unsecured wifi connection then i'm sorry but you won't have a legal leg to stand on. they'll brandish the words 'implicit consent' at you and you will be cleaved asunder.

    edit: gareth below speaks wisely
     
    Last edited: 11 Jul 2008
  17. Gareth Halfacree

    Gareth Halfacree WIIGII! Lover of bit-tech Administrator Super Moderator Moderator

    Joined:
    4 Dec 2007
    Posts:
    15,434
    Likes Received:
    4,325
    Dear <the person the letter is from, or "To whom it may concern" if no name>,

    With regards to your letter dated <date> claiming that a computer connected to my internet connection provided by <ISP> downloaded on <date> a software product called <game> without permission of the copyright holder: this letter is to inform you that I deny any such wrongdoing, and request a full and complete copy of all records you have pertaining to myself, the case, and the alleged download. I request this under the Data Protection Act 1998 and would advise that this constitutes a full and formal Subject Access Request under said act. Accordingly, I am including a cheque for £10 made payable to your company as required under the Act.

    In accordance with said Act, you now have 40 days to make available full and complete records of this alleged incident along with any other personally identifiable information held by yourselves with regards to myself. If the records are not made available within this time I will issue a complaint through the Information Commissioner against the appointed Data Protection Officer at your company as recorded in the Register of Data Controllers record number Z645072X.

    Please note that future correspondence regarding this issue that is not related to my Subject Access Request and which is not accompanied by a valid court order or summons will be considered harassment, and will be treated accordingly.

    Yours sincerely,

    <signature>

    <name>

    ----

    Send it Recorded Delivery or Special Delivery, and sit back. The chances are they won't cash the cheque or reply to your letter, but rather interestingly if you get evidence of delivery (signature in the case of Recorded or Special) then clock starts ticking. If they haven't replied with the information you requested or a request for additional details from yourself within the 40 days you can make an official complaint to the Information Commissioner's office.
     
  18. mushky

    mushky gimme snails

    Joined:
    24 Mar 2003
    Posts:
    5,755
    Likes Received:
    3
    But you didn't receive a letter! :)
    unless you signed for it
     
  19. nw104hh

    nw104hh What's a Dremel?

    Joined:
    11 Jul 2008
    Posts:
    17
    Likes Received:
    0

    WOW - THANKS A LOTTTTTTTT ;)
     
  20. Faunus

    Faunus What's a Dremel?

    Joined:
    19 Oct 2006
    Posts:
    87
    Likes Received:
    2
    This in itself is illegal.

    "Someone I know" had a speeding ticket, and it got delivered via normal Royal Mail. When it went to court, "this person" suggested to the court that he didn't receive the letter, and because he wasn't notified within 30 days of the alleged offence, the court case couldn't stand up. He reinforced this argument with a few statistics, for example, how Royal Mail lose 6 million items of mail every single year.

    The court threw the case out.

    If the OP has enough evidence to suggest that the letter never arrived, then he should use this to his advantage. Especially if he didn't download said Test Drive Unlimited game. I would then look at counter-suing for grievances.
     

Share This Page