Because: A) The accusation isn't that it was 'uploaded', it's that it was 'made available' - i.e. members of the public were able to snag a copy of the game from your computer. If it was only available to A. N. Scriptkiddie then how would Davenport Lyons have found out about it? B) Davenport Lyons' counter-claim would be that you have a responsibility to look after your computer and internet connection - including ensuring that people are unable to use it without your permission. Ignoring silly comparisons to crime (leaving loaded guns lying around and not locked in a Police-approved cabinet will get you in trouble if someone kills someone with it, and likewise if you leave the handbrake off and your car rolls down a hill and splats a pedestrian because someone bumped it you're in trouble again) there are several civil instances of the doctrine of care: if you leave your front door unlocked or a window open when you leave your house, your insurance company will not compensate for losses caused by theft; if you are careless in your workplace you can be sued, even if something wasn't directly your fault - look at the adverts for various ambulance chasers: one shows someone tripping over plastic wrapping that was carelessly thrown on the floor, and the company is sued for 'personal injury' to the tune of X thousand; another example is that if you write your PIN down and keep it with your credit card, your bank will attempt to hold you responsible for monetary losses if that card is stolen and misused. Basically, you could say that there was a virus on your PC that did all the nasty things, but you'd have to present evidence that there really was a virus - you'd need an expert witness to testify to that fact. People keep saying that it's up to Davenport Lyons to 'prove' that you are 'guilty', but they've got proof in the form of logs that show that the Internet connection in your name made the file available. If you want to counter that proof, you'll need more compelling proof of your own. Simply saying "I didn't do it" will not stand up in court. Likewise, you can't get away with "my flatmate/brother/lover/neighbour did it" unless you're willing to get them sued in your stead.