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

PostPosted: Tue Aug 19, 2008 10:46 am
by Paladwyn
However....did this woman actually do it?

FIghting it and being guilty is different from fighting for innocence.

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

PostPosted: Tue Aug 19, 2008 10:51 am
by bushpig
sharp910sh wrote:
bushpig wrote:ok, should i be worried about this??

im thinking no but i cant help it, im on a wireless network and its possible that this game has been downloaded through it (not by me though)

i cant help feeling anxious with a mortgage and 2 kids and a wifey, i could lose the lot if it went to court through no fault of my own.

if it wasnt for sites like this one i may have given up months ago :(


When did you get your first letter?



about 10 months ago, i initially panicked asking to pay by installments** (before i saw this site) then got a letter telling me to send 10 post dated cheques for 100 quid each lol
ignored that and then gotta letter about 6 months ago saying they are proceding with the court case as they have heard nothing from me.
and nothing since.

** this is not an admitance of guilt as i said (not to DL) i am on a wireless network so it could have been done.

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

PostPosted: Tue Aug 19, 2008 10:54 am
by sharp910sh
I got my letter 5 months ago, I didn't download it. If it did go to court how long would it take. They will probably start with the spin ball game, then go through the other games.

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

PostPosted: Tue Aug 19, 2008 11:06 am
by hipraptor
boingboing wrote:Yeah, but its pretty scary for someone who owns their own house and has a wife and kids to support. Its no different to being mugged at knifepoint. I absolutely shouldn't pay up, but the consequences of not doing to my family are potentially disastrous.

I totally agree what they are doing is nothing better than stealing off me, but I need to balance that against the risk they may 'steal' even more in a crazy UK court later on.

For what its worth I haven't decided what to do. As you say it may well destroy me to know that I'd paid up for something I hadn't done.



This is it is it not, DL want people to pay up guilty or not and sadly because we seem to have judges making no doubt decisions on something they know very little about and DL know this, DL are laughing all the way to the bank.

What is needed is a judge who is not an exper on patents but on IT, instead what seems to be happening is they find in favour of DL out of ignorance.

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

PostPosted: Tue Aug 19, 2008 11:10 am
by hipraptor
Paladwyn wrote:However....did this woman actually do it?

FIghting it and being guilty is different from fighting for innocence.


Well the article said she actually shared the game with neighbours, how the newspaper got that information is beyond me!

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

PostPosted: Tue Aug 19, 2008 11:18 am
by sharp910sh
hipraptor wrote:
Paladwyn wrote:However....did this woman actually do it?

FIghting it and being guilty is different from fighting for innocence.


Well the article said she actually shared the game with neighbours, how the newspaper got that information is beyond me!


How would they know she "shared" the game with neighbours? Does it mean she download it and gave it to her friends via a cd, or uploaded it then her friends downloaded it?

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

PostPosted: Tue Aug 19, 2008 11:35 am
by Naujoks
What would be interesting to find out if that woman claimed to be innocent or if she tried to defend herself, admitting that she shared the file.
Is there no way of getting access to the court files/transcripts?

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

PostPosted: Tue Aug 19, 2008 11:52 am
by Fenrix
How much would it cost us to defend one of these. If someone on here who has a court order would come forward, I have funds i am willing to chip into his/her defence. I am sure there are enough of us , who would stump up some cash each to help someone fight.....

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

PostPosted: Tue Aug 19, 2008 11:58 am
by takeshioto
Hey, i'm new here and after reading the whole thread, i have to say the community here is just fantastic. only a few years ago, people who could have been facing the same problem would not have had access to a community with such reassurance and resounding advice and i thank every one of you for contributing.

I have received the court letters for supposedly downloading a game over 21 days ago and now after reading this thread, feel like it is a good idea to write a letter of denial. But is it too late cos the 21 days is over and will they ignore it? Should i wait to get the 2nd letter?

Also generally how many warning letters after the initial threat do they send out before threatening court action?

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

PostPosted: Tue Aug 19, 2008 12:03 pm
by Fenrix
takeshioto wrote:
Also generally how many warning letters after the initial threat do they send out before threatening court action?


I think i am on my 5th or 6th letter from them now.... I have stopped replying to them fro the short term now, until something conclusive happens in the courts.

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

PostPosted: Tue Aug 19, 2008 12:08 pm
by takeshioto
Fenrix wrote:
takeshioto wrote:
Also generally how many warning letters after the initial threat do they send out before threatening court action?


I think i am on my 5th or 6th letter from them now.... I have stopped replying to them fro the short term now, until something conclusive happens in the courts.



SO they havent actually set a date? Do the letters actually state they will take you to court or do they just warn of the possibility?

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

PostPosted: Tue Aug 19, 2008 12:13 pm
by Fenrix
takeshioto wrote:
SO they havent actually set a date? Do the letters actually state they will take you to court or do they just warn of the possibility?


Lol , no date yet, just a threat / statement about they are preparing court papers.

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

PostPosted: Tue Aug 19, 2008 12:33 pm
by MrFredPFL
until i see something more definitive, i for one am not ready to assume that the woman named in this story did anything more than refused to pay when DL told her to.

if this is a legitimate court case, then it IS a part of the public record. until such time as someone presents me with evidence of what actually happened here, i am not going to assume anything.

many questions come to mind. until they are answered, i suggest no one panic. remember, panic is the exact reaction DL would like you all to have.

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

PostPosted: Tue Aug 19, 2008 12:38 pm
by takeshioto
Fenrix wrote:
Lol , no date yet, just a threat / statement about they are preparing court papers.



Phew..... Had me worried there.

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

PostPosted: Tue Aug 19, 2008 12:46 pm
by Fenrix
This link, may or may not be of help , http://www.hmcourts-service.gov.uk/cms/ ... _diary.htm

Seems the UK patent court has a pretty thorough and free record of trials, and upcoming trials.....

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

PostPosted: Tue Aug 19, 2008 1:01 pm
by MrFredPFL
thanks for that link, fenrix. a quick search of that site for "barwinska" comes up empty.

this story is very suspicious. it becomes less credible with every passing moment. i don't doubt something happened - but if this woman actively defended herself, and lost, then why is there no documentation to be found?

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

PostPosted: Tue Aug 19, 2008 1:03 pm
by sharp910sh
So what should we do?

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

PostPosted: Tue Aug 19, 2008 1:03 pm
by Fenrix
the lsits only come upto the 12th July I think, so may not be on there yet if its real. But its worth keeping an eye out on there as if its real, it will be there soon....

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

PostPosted: Tue Aug 19, 2008 1:04 pm
by MrFredPFL
wait for the full story to come out, sharp. it will, one way or the other.

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

PostPosted: Tue Aug 19, 2008 1:53 pm
by sharp910sh
Cheers.

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

PostPosted: Tue Aug 19, 2008 1:57 pm
by hipraptor
sharp910sh wrote:So what should we do?


Do nothing.

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

PostPosted: Tue Aug 19, 2008 2:08 pm
by Paladwyn
As I had stated before...if they are going to take anybody to court...they will only do so on the ones they KNOW they will win. They cannot afford to lose, so taking somebody to court over a sketchy wireless scam is not going to happen. Maybe in the future if they decide to get REAL brave...but hell, even the RIAA is finally running into walls with their tactics.

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

PostPosted: Tue Aug 19, 2008 2:31 pm
by bushpig
also the longer this goes on the harder it will be to get a conviction.
all they have is an ip address which is crap evidence to say the least as they can be cloned or if wireless they can be hacked into.
is that all they have?? an ip address??

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

PostPosted: Tue Aug 19, 2008 2:37 pm
by Paladwyn
bushpig wrote:also the longer this goes on the harder it will be to get a conviction.
all they have is an ip address which is crap evidence to say the least as they can be cloned or if wireless they can be hacked into.
is that all they have?? an ip address??


Currently...for most people, yes.

Which...unless they have more proof or evidence...it won't go anywhere.

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

PostPosted: Tue Aug 19, 2008 2:45 pm
by boingboing
doesn't add too much more, but they do seem to clarify it was a new case

http://www.out-law.com/page-9360