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News Which? files complaint against Davenport Lyons

Discussion in 'Article Discussion' started by CardJoe, 12 Dec 2008.

  1. CardJoe

    CardJoe Freelance Journalist

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  2. liratheal

    liratheal Sharing is Caring

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    Bunch of useless money grabbing muppets.

    I hope they get caught in this financial downturn and have to declare bankrupcy.
     
  3. Huxen5

    Huxen5 Member

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    I saw this on Watchdog the other day. They send people fines of ~£600 and the only evidence they have is that someone downloaded it on their IP address, they have no evidence that it was actually them who did it.
     
  4. lewchenko

    lewchenko Member

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    They dont need more evidence. Its like speeding fines... your car being driven .. but was it you / your wife / kids / joyriders etc ? They still send you a fine.

    Same here ... your IP address was 'driven' LOL!

    Watchdog was interesting really because they showed as evidence that the owner's computers were 'clean' and therefore the download had never happened. Haha! I nearly fell off my chair laughing at that one. How about ... 'they might have used another computer in the house' or 'they might have removed it since then very carefully'. I did not believe that those people may have been innocent either.. they looked guilty to me LOL!

    People do have a responsibility to make sure their IP address is secure (eg. wireless access), but also bear in mind that ISP make mistakes and could technically say your IP was used when it wasnt by accident.

    If I got one of those letters, and I was truly innocent then I would see them in court and I would bring my PC's into court and ask them to prove it ... "Pics or video or it didnt happen your honour !" (not before spending a good proportion of my time jury profiling like all the good John Grisham books !!) LOL!
     
  5. outlawaol

    outlawaol Geeked since 1982

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    Heh, thats interesting. I would dump my ISP if ever I got a letter telling me I was doing something on my line that was illegal. I feel sorry for you guys, your privacy is just legal leverage/fuel for bogis claims. Scare tactics indeed.
     
  6. whisperwolf

    whisperwolf New Member

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    As far as i am aware there is currenlty no legal requirement to secure a wireless network in the uk, there is I believe in germany. and to go with the speeding ticket metaphore you don't get a speeding fine if your car was stolen.
     
  7. DXR_13KE

    DXR_13KE BananaModder

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    like the old lady that was accused of downloading gay porn....
     
  8. LucusLoC

    LucusLoC New Member

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    in San Francisco you have to pay the fines if you car was stolen and illegally parked, despite the fact that that is against the law. SF will simply not sign the voucher to get your car out of the impound. its the same deal. unchecked government being run by unchecked lawyers.
     
  9. Andy Mc

    Andy Mc Well-Known Member

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    The issue here I feel is quite obvious. The vast majority of ISPs in the UK provide their users with a dynamic IP range. When Davenports monkeys get a list of IP addresses that have 'infringed' their clients IP's they then go and ask the relevant ISP who has that IP. the ISP then looks to see who that IP is currently assignened to and then that person has a letter sent to them demanding £££.

    The problem is that Davenport and the ISP do not seem to cross check WHO the IP was assigned to at THE TIME of the infringement, as if the offence happened 2 weeks ago, it is very unlikely that the same person has the IP address still. In which case Davenport end up harrassing the wrong person.
     
  10. Gareth Halfacree

    Gareth Halfacree WIIGII! Staff Administrator Super Moderator Moderator

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    Actually, they do cross-check: Davenport Lyons provides the ISP with a spreadsheet detailing the source of the alleged infringement along with a timestamp; the ISP then checks their RADIUS server, which stores a blow-by-blow of who was using what IP at any given time for the last 18 months or more, and provides the name and address.

    So, if you're using IP 1 and infringe, then switch to IP2 while I get IP1 - the address Davenport Lyons gets will be yours, not mine.
     
  11. philmarsh

    philmarsh New Member

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    i am new to this site, but have been a contributer, reader of a forum dedicated to this at www.slyck.com perhaps the person who wrote the above would care to voice those thoughts on that site.

    may i correct you. i doubt you are old enough to drive, but if your car is caught speeding, they send a notice of intended prosecution to the registered keeper. this gives 7 days for the keeper to identify the driver and inform the police who was driving. if there is doubt then the matter is heard under the rules of evidence in a court.

    the matter of the peoples innocence on watchdog is an interesting point, however the bbc will not stake their reputation without thoroughly checking. how do you explain the couple in scotland that which? have represented and had an retraction from DL. Also DL have targeted people who they say have downloaded hard core gay porn. the matter has gained more publicity as old aged pensioners have received letters accusing them.
     
  12. Lilliput King

    Lilliput King New Member

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    Not really an issue. Anyone who types "LOL!" more than once in a single post is walking proof of why democracy doesn't work.

    Why? Says who? Since when?

    Mmmmm.
     
  13. quack

    quack New Member

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    Read your ISP's terms and conditions lately? There's bound to be some clause in there! :)

    For example, here is a section from the Be Fair Use Policy:
     
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