Slyck.com
 
Slyck Chatbox - And More

Official ACS:LAW/DL letter/legal threat discussion

For discussion of the threatened legal action surrounding the alleged filesharing of pornography, computer games and music. (Golden Eye Int LTD / GEIL / MIRCOM / TCYK)
Forum rules
PLEASE READ BEFORE POSTING: Slyck Forum Rules

Welcome to this forum, should you have received a letter do not panic, read the threads and make a (hopefully more informed) decision on how you want to proceed.

To avoid repeating previous posts, please familiarise yourself with the following information before posting.

Summary site (BeingThreatened.com) and Chat (IRC) or Chat (WebClient)

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

Speculative Invoicing Handbook

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

Re: The new official Davenport-Lyons lawsuit thread

Postby OLDGUY » Tue Sep 02, 2008 11:52 am

Is this all the last wriggling of a very slimy worm they seem to now be trying everything in a last effort to exhort the last batch of money before they go down as we all know they will if they evertake a "REAL" person to court.Im waiting for my apperance but as of yet only got the usual "we have been instructed to issue court proceedings" and that was on the 6th of may!! got the initial letter in feb which of course I replued denying everything. :mrgreen:
OLDGUY
 
Posts: 4
Joined: Wed May 07, 2008 1:26 pm

Re: The new official Davenport-Lyons lawsuit thread

Postby CallOf Juarez » Tue Sep 02, 2008 12:28 pm

Hi ive been reading with intrepidation all the threads on the internet. Can I ask for some quick opinions on what i should do please :

My Situation -

Received first letter Feb08
Received court proceedings letter May08
Should I reply denying all accusations, stating the arguments to be found all over Slyck and other sites and also asking them to provide with more information so I can help them track the responsible person? OR should I keep my trap shut, but risk them coming after me Barwinska-esque as they havent heard from me? (Ideally i dont want them knowing my new address, but would rather have them leave me alone, that file court against me)

Thanks
CallOf Juarez
 
Posts: 13
Joined: Fri Feb 15, 2008 6:55 am

Re: The new official Davenport-Lyons lawsuit thread

Postby Paladwyn » Tue Sep 02, 2008 12:42 pm

CallOf Juarez wrote:Hi ive been reading with intrepidation all the threads on the internet. Can I ask for some quick opinions on what i should do please :

My Situation -

Received first letter Feb08
Received court proceedings letter May08
Should I reply denying all accusations, stating the arguments to be found all over Slyck and other sites and also asking them to provide with more information so I can help them track the responsible person? OR should I keep my trap shut, but risk them coming after me Barwinska-esque as they havent heard from me? (Ideally i dont want them knowing my new address, but would rather have them leave me alone, that file court against me)

Thanks


The best thing you can do is reply. If innocent, tell them the truth. If you ignore it, you become a bigger target at this point.
Don't roll your chair backwards, you might run over my foot.
Paladwyn
 
Posts: 3991
Joined: Thu Sep 27, 2007 4:55 pm
Location: Saskatchewan, Canada

Re: The new official Davenport-Lyons lawsuit thread

Postby unhappy » Tue Sep 02, 2008 12:47 pm

Yes I would suggest you respond since, by DL's own admission, the 6 chosen for court proceedings were selected at random from the non-repliers pile.
unhappy
 
Posts: 62
Joined: Mon Apr 16, 2007 6:33 pm
Location: UK

Re: The new official Davenport-Lyons lawsuit thread

Postby CallOf Juarez » Tue Sep 02, 2008 12:54 pm

Can someone point me (hyperlink?) to one of the template letters we have?

I may or may not have downloaded this game (in all honesty cant remember, I definetly played the demo cos I know i completed the first level but then got bored, you think i could sue them for a boring game :lol: ), I have no way of telling as of Christmas 07 I got money and had a complete computer overhaul, hard drives, motherboard gfx card everything binned / sold and built from scratch, so any evidence would be on those old components. What should I do in that respect......

edit - Also if you were to lose in court, am I wrong to say they can only agree to make you pay something you can afford to pay? In instalments if necessary? So you could end up paying £5 a week forever or something?
CallOf Juarez
 
Posts: 13
Joined: Fri Feb 15, 2008 6:55 am

Re: The new official Davenport-Lyons lawsuit thread

Postby Paladwyn » Tue Sep 02, 2008 1:35 pm

You could always explain you can't remember...but then it shows you *could* have been liable. I'm always more of a 'truth' guy myself...but easy to play stupid if necessary :)
Don't roll your chair backwards, you might run over my foot.
Paladwyn
 
Posts: 3991
Joined: Thu Sep 27, 2007 4:55 pm
Location: Saskatchewan, Canada

Re: The new official Davenport-Lyons lawsuit thread

Postby CallOf Juarez » Tue Sep 02, 2008 2:16 pm

It doesnt really help them (or me) that I have also changed router from the awful HomeHub to my netgear. HomeHub was crap so I binned it, just wish I could do the same to BT for giving my details out :pissedoff:

Anyone know where the letter templates can be found?
CallOf Juarez
 
Posts: 13
Joined: Fri Feb 15, 2008 6:55 am

Re: The new official Davenport-Lyons lawsuit thread

Postby Duracell » Tue Sep 02, 2008 2:29 pm

I've not seen this posted here before but this links to a PDF with a lot of info about Logistep's magical software (towards the end)...

h**p://www.giuristitelematici.it/modules/bdnews/doc/logistep_doc.pdf

It's a little old but probably mostly still relevent. One thought, have they broken the Shareaza open source license by using it for commercial means? I haven't managed to track down a copy of the license agreement to check it yet.
User avatar
Duracell
 
Posts: 62
Joined: Sat Aug 02, 2008 3:45 am

Re: The new official Davenport-Lyons lawsuit thread

Postby unhappy » Tue Sep 02, 2008 3:29 pm

CallOf Juarez wrote:It doesnt really help them (or me) that I have also changed router from the awful HomeHub to my netgear. HomeHub was crap so I binned it, just wish I could do the same to BT for giving my details out :pissedoff:

Anyone know where the letter templates can be found?

I'm not sure there were any posted on here as such (or links to), but there were plenty of examples within the posts of what others had said. Suggest you check back through and see what you can find that's of use.
unhappy
 
Posts: 62
Joined: Mon Apr 16, 2007 6:33 pm
Location: UK

Re: The new official Davenport-Lyons lawsuit thread

Postby piXelatedEmpire » Tue Sep 02, 2008 9:30 pm

Paladwyn wrote:You could always explain you can't remember...but then it shows you *could* have been liable.

I highly recommend you don't do this.

Take the time to read through the other threads on these cases. There is some excellent advice within them (it will take some time reading and sifting through the 2 main threads).
Ross Wheeler, CEO of Albury.net.au, referring to the Australian Governments internet filtering plan wrote:"It's the most ill-conceived pile of stupidity by the biggest bunch of cretins that I've ever seen in my life"
piXelatedEmpire
 
Posts: 4680
Joined: Tue Mar 14, 2006 4:45 pm
Location: ESPNs NBA page

Re: The new official Davenport-Lyons lawsuit thread

Postby Paladwyn » Tue Sep 02, 2008 9:56 pm

piXelatedEmpire wrote:
Paladwyn wrote:You could always explain you can't remember...but then it shows you *could* have been liable.

I highly recommend you don't do this.

Take the time to read through the other threads on these cases. There is some excellent advice within them (it will take some time reading and sifting through the 2 main threads).


I already explained to him on the matter. I also mentioned that one does need to be careful as if they catch you in a lie, it looks bad. I'm not saying he would be lying at all..just that you need to keep a level head. If he grabbed teh demo and hated it, chances are he woulnd't have grabbed the full version.
Don't roll your chair backwards, you might run over my foot.
Paladwyn
 
Posts: 3991
Joined: Thu Sep 27, 2007 4:55 pm
Location: Saskatchewan, Canada

Re: The new official Davenport-Lyons lawsuit thread

Postby piXelatedEmpire » Tue Sep 02, 2008 10:30 pm

All I'm saying is that I wouldn't provide any uneccessary information at all that could potentially be used against you at a later date.
Ross Wheeler, CEO of Albury.net.au, referring to the Australian Governments internet filtering plan wrote:"It's the most ill-conceived pile of stupidity by the biggest bunch of cretins that I've ever seen in my life"
piXelatedEmpire
 
Posts: 4680
Joined: Tue Mar 14, 2006 4:45 pm
Location: ESPNs NBA page

Re: The new official Davenport-Lyons lawsuit thread

Postby Paladwyn » Tue Sep 02, 2008 10:34 pm

piXelatedEmpire wrote:All I'm saying is that I wouldn't provide any uneccessary information at all that could potentially be used against you at a later date.


Indeed...I had mentioned playing naive can help :)
Don't roll your chair backwards, you might run over my foot.
Paladwyn
 
Posts: 3991
Joined: Thu Sep 27, 2007 4:55 pm
Location: Saskatchewan, Canada

Re: The new official Davenport-Lyons lawsuit thread

Postby jammiey2k3 » Wed Sep 03, 2008 6:50 pm

just a quick thought ...

All court documents are in the public domain, yes? (page 6 this thread?)

well why does *ALL* of DL's letters state and i quote - "we are unable to provide you with a copy of our client's application notice to the court or the documents relied upon in support of that application, as these are confidential and only available by your making an application to the court for permission to have a copy".

So far no one has applied. Maybe they're covering something up as they know people will not apply to see that. No one has so far?

Might be worth checking into, but i don't know where to start. Sorry!
jammiey2k3
 
Posts: 5
Joined: Sat Mar 01, 2008 5:52 am

Re: The new official Davenport-Lyons lawsuit thread

Postby juliasdad » Thu Sep 04, 2008 4:34 am

Hi I am interested in this information about letters from Davenport - Lyons regarding Atari. Has anyone noticed the attatched letter to Vigin Media requesting the name of their customer and in one paragraph it states we will re-imburse your costs for supplying this information.

A Polish friend in the UK has received this letter asking for the £565.00 for uploading in December 2007, I cannot remember the name of the game. He bought this Atari game Polish version and since moving to the UK installed it for his son to use.He assures me that he has never uploaded or downloaded this game.He has a wireless router, but does not know if it is protected.

I have told him to ignore the letter and wait until an official summons is sent, but also to contact Virgin Media and ask why they gave this information to Davenport-Lyons. They did not at any time informed him of any wrong-doing or caution him.

If it does come to a summons I would like to know of any lawyers interested and professional computer engineers who would give support.
juliasdad
 
Posts: 1
Joined: Thu Sep 04, 2008 3:49 am

Re: The new official Davenport-Lyons lawsuit thread

Postby enigmax » Thu Sep 04, 2008 6:10 am

juliasdad wrote: He bought this Atari game Polish version and since moving to the UK installed it for his son to use.

This is probably irrelevant, other than downloading a game you already have installed is unlikely

juliasdad wrote:I have told him to ignore the letter and wait until an official summons is sent

Although there isn't much to go on (5 cases going to court), 100% of those ignored their letters. Make of that what you will. You're right not to ignore the court docs.

juliasdad wrote:but also to contact Virgin Media and ask why they gave this information to Davenport-Lyons. They did not at any time informed him of any wrong-doing or caution him.

they will say "we handed it over because we were presented with a court order". Virgin have no idea if there was any wrong doing and as such they aren't in a position to hand out any cautions
User avatar
enigmax
 
Posts: 813
Joined: Mon Jan 22, 2007 6:58 am
Location: torrentfreak

Re: The new official Davenport-Lyons lawsuit thread

Postby Fenrix » Thu Sep 04, 2008 7:49 am

Hmm seems the scum are immitating the scum...

http://www.theregister.co.uk/2008/09/04 ... hone_scam/
Fenrix
 
Posts: 83
Joined: Wed Jul 09, 2008 7:38 am
Location: Essex

Re: The new official Davenport-Lyons lawsuit thread

Postby MXRACER » Thu Sep 04, 2008 7:52 am

Hi all, i too have been falsely accused of downloading/uploading the game Test Drive Unlimited.

when i first got the modem from my ISP which is PlusNet by the way it had no security on it what so ever so there was a period where my connection was open to anyone, Was this same time as the accusation? tbh I cant remember. Is there anyway I can check the date I added the security to my connection?

Regardless of all this I DID NOT! download this file and have never even heard of or played the game before and I WILL NOT PAY!

Also it seems a few of these cases have been going on for a while now, has anyone actually gone to court other than the pinball polish lady...i mean a real person on this forum? this whole thing stinks... I just hope we dont all get stiched up.

I dont even mind if they want to get an independent computer technician to check my apple mac for the file as I know it's never been on my computer.

I have spoken to the citizens advice bureau and they have told me to contact Consumer Direct, I am going to reply to DL but first want to get all the evidence I can to prove i'm innocent...any ideas?
MXRACER
 
Posts: 9
Joined: Thu Sep 04, 2008 7:13 am

Re: The new official Davenport-Lyons lawsuit thread

Postby l2s4s » Thu Sep 04, 2008 8:10 am

Fenrix wrote:Hmm seems the scum are immitating the scum...

http://www.theregister.co.uk/2008/09/04 ... hone_scam/



This just gets worse and worse for D/L. Even the Register calls them the Grubbier side lmao
l2s4s
 
Posts: 62
Joined: Mon Dec 10, 2007 1:21 pm

Re: The new official Davenport-Lyons lawsuit thread

Postby MXRACER » Thu Sep 04, 2008 8:29 am

have just got off the phone to Consumer Direct, they have told me to ask them for 'proof of the debt' and if they cant to stop contacting me with these false claims.

I mean they have this random IP number that I cant prove isnt mine as I dont have a fixed IP number according to my ISP and a date and time? what the hell does that prove? that my connection was being used? how reliable is the software that gave them this info? surely it has to be proven to be 100% accurate by an independent authority? and even then how the hell can they pin it on me just because I pay the bill.
MXRACER
 
Posts: 9
Joined: Thu Sep 04, 2008 7:13 am

Re: The new official Davenport-Lyons lawsuit thread

Postby MXRACER » Thu Sep 04, 2008 8:45 am

Sorry to keep posting but as i think of things i have to blurt them out on hear as im angry!

The fact of the matter is someone easily could of gotten onto my connection and downloaded this file without my knowledge. I am not legally obliged to add security to my modem, there is no law that states you cannot use this device without security? I think that this lies with the ISP they need to start supplying modems with security as standard.

The fact of the matter is I didn't have security because i didn't know how to add it! I had to look it up and learn how to do it, does this make it my fault? I dont think so. If someone steels you car and runs someone over is it your fault because you didnt lock it in the garage? No. The same applies to this.
MXRACER
 
Posts: 9
Joined: Thu Sep 04, 2008 7:13 am

Re: The new official Davenport-Lyons lawsuit thread

Postby Fenrix » Thu Sep 04, 2008 8:51 am

MXRACER - Your thoughts, and words are what most people on here are finding. Dont stress, dont get angry (not worth it) , just reply saying, did'nt do it. Lots of template style posts in these threads to follow.
Fenrix
 
Posts: 83
Joined: Wed Jul 09, 2008 7:38 am
Location: Essex

Re: The new official Davenport-Lyons lawsuit thread

Postby dirkgently » Thu Sep 04, 2008 10:27 am

Yeah, don't get stressed buddy, though I understand as I was really angry too

I spent a day or so reading the legalbanter forums on this matter and have to say it made me feel much better, they are pretty much just laughing at these bunch of utter chancers

My advice is : reply to them and deny their claims, demand to see evidence and say you will not pay them a penny until they take you to court and prove your guilt better than you can prove otherwise

Their "evidence" will not stand up to the slightest scrutiny, and they know it. As others have said, this all started falling over when a court order was issued based on this Logistep company. DL could then send thousands of threatening letters knowing some will reply, if not at the first hurdle, then at the 2nd or 3rd as the letters get more menacing

THEY WILL NOT WIN A COURT CASE AGAINST SOMEONE PREPARED TO SHOW THEY CANNOT GET ANYWHERE NEAR PROVING THEIR GUILT

And for that reason, to keep the gravy train running, they will continue to just threaten, and probably do quite well out of it I would've thought

However, this will soon become a PR nightmare for Atari and Codemasters. You do not sue your customer base, especially in such a questionable manner

Think about it, download any torrent and have a look at the seeds, anyone can get access to all those IPs, and with a decent lawyer, probably get the addresses of the people involved, then you can start bombarding with threatening letters and you too could become rich ! :roll:
dirkgently
 
Posts: 41
Joined: Sun Aug 31, 2008 1:42 pm

Re: The new official Davenport-Lyons lawsuit thread

Postby MXRACER » Thu Sep 04, 2008 10:40 am

yes it's crazy, i'm not really a gamer and this wouldn't even work on my mac but I have already vowed never to purchase an Atari product off the back of this, I'm also really pi**ed about the fact my ISP rolled over and gave my details out without asking me first and want to leave them, anyone got any ideas of who I could use that wont just hand out my personal info willy nilly?

MY ISP only charged £6.50 to give my details out and for that they will lose my monthly contract of £20...makes business sense.
MXRACER
 
Posts: 9
Joined: Thu Sep 04, 2008 7:13 am

Re: The new official Davenport-Lyons lawsuit thread

Postby PorkyPig » Thu Sep 04, 2008 10:52 am

I have just read the register article and my ex ISP Freedom to Surf DID give DL my Name, address, postcode AND telephone number, this is contrary to the comments in that article about ISP's giving up customers telephone numbers!
PorkyPig
 
Posts: 48
Joined: Tue Mar 06, 2007 3:58 pm

PreviousNext

Return to Torrent Download Court Action Threat/Settlement Letter Discussion

Who is online

Users browsing this forum: No registered users and 2 guests

© 2001-2008 Slyck.com