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Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

For discussion of the threatened legal action surrounding the alleged filesharing of pornography, computer games and music. (Golden Eye Int LTD / GEIL / MIRCOM / TCYK)
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I've received a letter, what should I do? and Davenport Lyons - What can we do as a group?

Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby ritch1 » Sat Nov 24, 2007 8:37 pm

You might wanna wait and see what some others on here say though, they might have some advice to add
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby Nutty-Slack » Sat Nov 24, 2007 9:16 pm

As 'grubbymitts' said, if they (DL) really did use regular 1st or 2nd class mail (not registered or recorded) then as far as anyone is concerned you never even received any letters from DL. :wink:
That's absolutely standard practice in legal matters.
Even the TV licensing fascists will use recorded delivery when issuing (final) warnings.

Replying to the letter(s) will of course nullify that basic privilege.

If the "Dream Pinball" fiasco is any guide - and there's no reason to believe otherwise - this is just another round of completely hollow threats and opportunism.
Just have your letters framed and forget about them.
Fire up your computers and pirate like Canadians! :pirate:

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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby stupidman » Sat Nov 24, 2007 9:54 pm

i will post the response to my email here, if i get one, probably wont respond tho. if i do, it will simply say,
i did not download/upload colin mcrae dirt, i own a legal copy of the game and can prove it, which is good by the way.

me
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby enigmax » Sun Nov 25, 2007 4:18 am

Look, you guys are masters of your own keyboards and if you want to correspond with these people at this early stage, thats down to you. But please, consider waiting a little while at least. You have *nothing* to gain by telling these people anything right now. We're working hard on this, please be patient. I will post on here and on TorrentFreak when we have news. The things we will report will likely help everyone, providing you don't ruin your case by talking to Davenport.

In the meantime, would those who really did download this game care to contact me anonymously (or in complete 100% confidence). I want to know which site that exact torrent came from and which tracker it used [enigmax[at]torrentfreak.com]. Use the contact form on TorrentFreak if you don't want to mess with emails etc - http://torrentfreak.com/contact/

@stupidman - you just more or less admitted you own a 360 - don't tell them anything!
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby pazuzu » Sun Nov 25, 2007 7:56 am

oh no look what happened to davenport lyons letters

http://i221.photobucket.com/albums/dd21 ... 342859.jpg

:pissedoff: :pissedoff: :pissedoff: :pissedoff:
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby bunnox223 » Sun Nov 25, 2007 8:47 am

lol
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby stupidman » Sun Nov 25, 2007 9:12 am

enigmax wrote:Look, you guys are masters of your own keyboards and if you want to correspond with these people at this early stage, thats down to you. But please, consider waiting a little while at least. You have *nothing* to gain by telling these people anything right now. We're working hard on this, please be patient. I will post on here and on TorrentFreak when we have news. The things we will report will likely help everyone, providing you don't ruin your case by talking to Davenport.

In the meantime, would those who really did download this game care to contact me anonymously (or in complete 100% confidence). I want to know which site that exact torrent came from and which tracker it used [enigmax[at]torrentfreak.com]. Use the contact form on TorrentFreak if you don't want to mess with emails etc - http://torrentfreak.com/contact/

@stupidman - you just more or less admitted you own a 360 - don't tell them anything!


the game i supposidly downloaded, as far as i know, wasnt for 360?? i only got a 360 1.5 months ago tbh. i will pm you exactly what correspondance i have sent. the file i supposidly downloaded, and didnt was called colin_mcrae_dirt_clone. if this is supposed to be a 360 game, all the better, as i didnt own one at the time.

will not send anymore until your say so, if at all.

still wish i had found this thread before i sent those bloody emails
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby psd123 » Mon Nov 26, 2007 5:06 am

Hi,

I have received one of these letters but seems to be worded a bit differently, the first page of mine state that 'all or part of the work was made avaliable from the internet protocol...' and in the evidence section it also states 'Accordingly, although your computer may not have been used to carry out the action alleged, your internet connection may have been used. This might explain why there is no copy of the Work on your computer (assuming it has not been subsequently deleted)..'

Which basically means that they were able to get a part from my pc and have then tried to access my pc to see if the file is there, surely this must have broken some privacy laws by accessing my pc without my knowledge, which could also have been how the file or part of the file appeared on it?

Still not sure wether to respond to the letter or no any advice would be great.

Cheers psd123
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby ntscuser » Mon Nov 26, 2007 5:33 am

psd123 wrote:Still not sure wether to respond to the letter or no any advice would be great.
Say nothing!
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby GreyToday28 » Mon Nov 26, 2007 7:15 am

i have also recieved 4 copies of this letter and have found this thread very helpful.

It was adressed to the actual name of the person who owns the phone line (not just Sir/ Madam).

One thing i have noticed is that it is asking some people for £511 and some for £2000. Mine is £511 but im not going to pay it.

Im just going to ignore it and keep an eye on this thread to see what happens.
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby spagyi » Mon Nov 26, 2007 7:39 am

Mine is for 537.
500 for codemasters, and the rest is for plusnet for providing my details to davenport... :S
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby spagyi » Mon Nov 26, 2007 8:17 am

Tis is the letter I received from http://www.lawontheweb.com:



"Thanks for the question.

If the internet connection is yours ans someone downloaded the game
illegally then you are liable for any breach of copyright. You will need to
find out who downloaded it and get the money off them.

Hope this helps.

Thanks for using LAW on the WEB.

LAW on the WEB
http://www.lawontheweb.co.uk "
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby enigmax » Mon Nov 26, 2007 8:31 am

spagyi wrote:If the internet connection is yours ans someone downloaded the game
illegally then you are liable for any breach of copyright. You will need to
find out who downloaded it and get the money off them

I'm no lawyer but I think this is (to coin a technical phrase), a load of bollocks.

With a view to them proving me wrong, can you ask them to cite a source/legal precedent for this statement please?

cheers
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby stupidman » Mon Nov 26, 2007 9:01 am

so what they are saying is, if someone uses your identity for doing a crime, you are infact guity. doesnt seem right to me.

i live in an area where internet connection theft happen every day, a mate of mine had the police round trying to get him to press charges against some polish lads.

does this mean, you have to find the person/s who 1st hacked your system, then ask them nicely to pay your fine. really crap if you ask me
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby spagyi » Mon Nov 26, 2007 9:06 am

stupidman wrote:if someone uses your identity for doing a crime, you are infact guity?


The best words here :)
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby Dazzle_2 » Mon Nov 26, 2007 9:23 am

The person who's name is on a summons or writ is not liable for the actions of others not acting under their authority, a person cannot authorise others to break the laws of the land either.

Stand firm, you are 100% not liable for any one elses criminal actions nor civil actions if they where outside the scope of your authority/permission.
If this company truly believes you are responsible for the actions of others then why have they not added these "others" to the writ/summons ? This Is a serious flaw in any claim against you.

In a criminal case it would be down to proving that a given person was at the keyboard at a given time and had motive and opportunity, civil claims are rather different, they are decided on "probabilities" by a weight of evidence being made either one way or the other, they have made the initial claim and you will of course make a rebuttal of their claims, if they want to take the matter further then can I suggest no hiding or burying heads in the sand but to spend some time gathering "evidence" and reasons why its possible the writ/summons is not correctly addressed or is some other way deficient (incorrect) in its claims against you, you need only address those aspects of the claim that accuse you of something directly, its not your job to gather evidence against any third party, you should merely make the case plain that you do not have exclusive use of the pc and leave the matter there, the onus is on them to disprove your rebuttal in court, and if a single screenshot is all they have it cannot possibly prove their case of wilful copyright infringement.
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby Golgo1 » Mon Nov 26, 2007 10:17 am

OK, looks like maybe this isn't a scam or phishing in the traditional sense, like a copany that folds up and dissapears overnight. Seems like this is a legit(?) business.. but as mentioned, they flood out these letters, take what they can get from those whom they've scared, and forget the rest because the have no grounds and court is expensive. Still sounds like a scam to me, regardless of how 'legal' it is.
Suppose it depends on ones definition of a scam. Personally, Id even consider the mass lawsuits of the AAs a scam.
Am I the ONLY one who remembers that video KILLED the radio star?
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby Victor Manuel » Mon Nov 26, 2007 10:37 am

A company called Davenport Lyons is using name of The Codemasters Software Company Limited to scam people for money making them believe they downloaded a game which they never did. The game is called Colin McRae Dirt, and the scam is dated June 2007… Be aware don’t fool for it! The Codemasters Software Company doesn't know a thing about it... research boys, go to the Codemasters web and give them a call.. you will see!
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby stupidman » Mon Nov 26, 2007 11:22 am

can somebody not related to the case, get in contact with codemasters and see if they have any knowlege of the case, and infact gave permission to use the colin mcrae dirt image for such purposes as entrapment???

I am sure codemasters wouldnt want there name to be associated with such a blatant scam, would they???
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby ritch1 » Mon Nov 26, 2007 12:22 pm

still not enough info exposed on this, maybe they are relying on that fact. no one seems sure of their links with codemasters as yet but I'd be surprised if they had none, this is a pretty well known law firm. so I still dont feel confident enough to call this an empty threat, no way I'm paying but this could be annoying if they keep threatening my mother with action. best just to wait it out a bit longer and get a fuller picture I think
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby spagyi » Mon Nov 26, 2007 2:36 pm

Hi guys! I am goint to give a call tomorrow to codemasters.
One more thing, this is what I received from my ISP:

"Dear Mr XY!,
My apologies for not getting back to you. I did try to reply straight to your email address but for some reason my works email didn't seem to like the idea.

I can confirm I did receive your email, and this was passed on to the relavant department here at Plusnet, where we will look fully into the matter. Once again, I can assure you we would not pass out your information directly to this company, wether just at their request or for a fee as you state they suggest. And also another thankyou for bringing this to our attention.

Regards,
XY manager from Plusnet
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby ritch1 » Mon Nov 26, 2007 2:46 pm

thanks for the update spagyi.

thats interesting you ISP said that, I mean if thats true its all the info we need. the whole thing is very strage
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby bunnox223 » Mon Nov 26, 2007 2:52 pm

well if thats true how did they get are names and addresses unless its from a tracker that we regiesterd with
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Postby MrFredPFL » Mon Nov 26, 2007 3:11 pm

bunnox: are you saying you give a name and address to register with a tracker?
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Re: Just got a letter from Davenport Lyons RE-Colin Mcrae Dir

Postby bunnox223 » Mon Nov 26, 2007 3:29 pm

no i just dont understand how they got are info?
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