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Counter claming against Topware International

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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Speculative invoicing and “pay up or else” schemes for copyright infringement - Citizen's Advice Bureau

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I've received a letter, what should I do? and Davenport Lyons - What can we do as a group?

Counter claming against Topware International

Postby hipraptor » Thu Jul 03, 2008 4:37 am

I see it is possible to counter claim, well for sure, some of us here who have been accused falsely, must take this route, as these people must not get away with the liberties they are taking with some people.

I say this because to me this seems one sided up to the present time as DL bombard people with as yet no chance of recourse, but get to court and fight back is the option we need, so rather then the doom and gloom of those four who did not fight, let us think positive and get the gloves off.
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Re: Counter claming against Topware International

Postby PorkyPig » Sat Aug 23, 2008 2:17 pm

I'm all for fighting back against DL, you could try walking into your local constabulary with your latest threatening letter and demand that they are investigated and charged with demanding money with menaces.

My local police force are more interested in hassling motorists than fighting crime as it generates income for the fat cat local council.

In my case i would probably be laughed out of the police station, if i drove there they would be all over my car looking for possible misdemeanors.

Sueing people costs big bucks, that would involve some kind of fund raising among the 'accused' i would be willing to donate to this fund but in reality i could only afford £50.00 or so.
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Re: Counter claming against Topware International

Postby Dazzle_2 » Sat Aug 23, 2008 6:58 pm

I have mentioned this previously in other threads but a letter to the data protection commisioner/registrar to investigate the legality of logistep harvesting the personal information of UK nationals is surely in order and will cost you a 37 pence stamp.

The logging was undertaken outside the UK and european law is clear that IP addresses fall into the "personal Information" bracket, I,m fairly certain they do not have permission to log IPs within the UK and in Holland a similar case was thrown out due to having "tainted evidence" of the sort collected by logistep.

If by a miracle it turns out that the logging is being done on behalf of legitimate UK registered company you then have the legal right to challenge the facts about you held on record and demand they be amended if they are incorrect, this is of course a useful trick to pull en masse prior to any court proceedings, and also you can ask the data protection commisioner/registrar to investigate how their data was gathered and the safeguards for its security, failing either or both can lead to fines and criminal convictions for those gathering the data.
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Re: Counter claming against Topware International

Postby nik » Sat Aug 23, 2008 8:22 pm

I am not up on legal issues but surely DL have to disclose the evidence and how it's gathered to you if they are going to take you to court so that you can offer a defence. Not just turn up in court and get hit with it there how can you offer any kind of defence other than say i did not do it. Even if you get your pc independantly tested, they will probably say it's not the pc it was downloaded on as these days people have more than 1 pc in their house. At the moment their ploy seems to be generate as much propaganda so the courts will automatically be swayed in their favour, to me that DL are just 1 step up from email scammers.
Anybody had any joy from watchdog or anything else ?
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Re: Counter claming against Topware International

Postby dream pinball 3d lol » Sun Aug 24, 2008 4:03 am

well logistep is dl,s weaker side as i believe they are not regulated in the uk so they should be considered hearsay in any uk court,eg tv licence monitor vans have to be regulated otherwise there evidence is no good,police have to have permission to monitor they to have to be regulated and seek permission,logistep is the direction your defense should be heading dl hide all this in cover of there intimidating letters which by the way are quite large at the onset designed to put the fear of god into you,of course your not going to see the simple side of things with there bullshit on your mind,take a step back and have good long look at logistep consentrate on there legality and you will see that they are untouchable in respect of suing but they are flawed in respect of uk law,tanited evidence is the correct word
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Re: Counter claming against Topware International

Postby Renegade » Tue Nov 25, 2008 1:07 pm

in an effort to help avoid confusion and multiple posting, we have locked this and the other threads about this situation, in order to try to concentrate the discussion in a single thread from now on. with this in mind, please continue the discussion here:

The new official Davenport-Lyons lawsuit thread
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