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Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Thu Aug 28, 2008 3:18 pm
by PorkyPig
Duracell, you're right it is a total money making exercise, it always has been, that a law firm can threaten and intimidate innocent people, abusing civil law in this way is disgusting.

I've emailed trading standards - no reply

The law society - no reply

BBC watchdog - no reply

No one's interested, 25,000 people may tip the balance though, there's definately going to be a load of pissed off people in that group, maybe with some more clout than the original 500 accused (me being one of them)

I will never pay these people even if they win a case against me, however in that case the stakes will be changed and not in DL's favour...I can assure you!

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Thu Aug 28, 2008 4:01 pm
by Billy Smart
Until a case is actually taken to court and defended their methods will not be ruled on as they will never have had to produce them up to press....
With 4 European countries already having thrown out the same methods i would hope we would also follow their example,If DL were confidant of this they would have already taken on a case that they might have to defend,it speaks volumes that they haven't.
I am however disappointed that the Law society havent bothered to reply as the French case ended with the Lawyer involved Elisabeth Martin being banned as a lawyer for 6 months this very fact should push them to investigate DL and their methods.

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Thu Aug 28, 2008 7:20 pm
by Paladwyn
PorkyPig wrote:Duracell, you're right it is a total money making exercise, it always has been, that a law firm can threaten and intimidate innocent people, abusing civil law in this way is disgusting.

I've emailed trading standards - no reply

The law society - no reply

BBC watchdog - no reply

No one's interested, 25,000 people may tip the balance though, there's definately going to be a load of pissed off people in that group, maybe with some more clout than the original 500 accused (me being one of them)

I will never pay these people even if they win a case against me, however in that case the stakes will be changed and not in DL's favour...I can assure you!


They don't really give a rats ass...it's not in their favor and won't generate what they are looking for. Until it gains in popularity they will just push it aside, wait until they come crawling for information later...and everybody kicks them in the face.

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 2:22 am
by boingboing
PorkyPig,
Good effort on writing to the various bodies. In my experience a lot of these are totally spineless and not interested in upsetting the people who pay their membership fees.
I also think emails are easy to ignore.
However, I do think we should keep trying. Perhaps we ought to get some standard template letters for the various bodies and send them via royal mail on mass. If they got 500 letters they'd find that difficult to ignore. I think the Information Commissioner also needs to be included around the way the data has been collected, and its use for a criminal case which was then dropped.
Has anyone got any previous letters as a starting point for templates?

Hope this didn't sound overly critical - good to see you taking positive action even if you didn't get a response.

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 4:38 am
by Meek
Hey ProkyPig I agree with boing in the praise for emailing those various bodies. I think I'll drop an email to the law society as well. The Information Commissioner does need to be involed methinks.
I emailed Trading Standards about a week ago and received an email back stating that it would be assigned to someone in about 3 weeks, so I'm still waiting to hear back from them. I will be chasing it up if I don't hear anything in a month though.
There's no way I'm letting DL get away with this harassment! Grrr.....it gets me all riled :pissedoff:

Also agree that we shoudl start sending out letters to the various bodies as they can try to ignore one or two, but they can't ignore a large amount. Unfortunately I'm not very good at writting letters if anyone else has a template?

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 5:40 am
by Duracell
Maybe the Microsoft Office assistant can help...

"It looks like you're writing a letter to complain about Davenport Lyons..." :lol:

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 7:19 am
by voodoochile
Hi, First time poster here!,

I have recieved through the post from DL a demand for downloading a game. If I started to download the game I would have deleted it as I dont play games. I am sure there records will show this.

Anyway,

After perusing the forums I found many others in my situation. Posts from DL go as far back as last year, I wonder what my best tactic is - ignore or reply to them.

What did you do? What (if anything) has happened since?
Has anyone been in contact with DL and what has been there reply?

Sorry if you have mentioned this previously in the forums - I must have missed it due to the sheer number of posters in the same position.

Any advice would be greatfully recieved.

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 7:40 am
by bubbster
Personally, I wouldn't ignore it. I would write back refuting all their claims.

Just out of interest, what game was it they accused you of downloading? Would be good to compile a list to see if they are starting to widen their catch-net.

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 7:43 am
by voodoochile
It was Atari Test Drive Unlimited

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 8:06 am
by Golgo1
voodoochile wrote:It was Atari Test Drive Unlimited


I will now go download that game and seed it as much as possible, I may not even play it.

This is not information for DL, as they dont really care... this is for ATARI, for doing business with DL

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 9:00 am
by voodoochile
I have just written a scathing response to DL and I wonder if it is worth sending it or shall I ignore any future correspondance from them?

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 9:26 am
by enigmax
Scathing responses aren't required and won't help much :)

If you didn't do it, inform them of their mistake clearly and politely.

It's interesting you mention the possibility of starting to download in error. One guy already got in touch to point out that the dream pinball demo was right next to the full pirate version on one torrent site and how grateful he was he didn't click the wrong one at the time.

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 10:03 am
by voodoochile
Thanks for checking my actions, I was so furious I was really close in sending it.

I had clicked on the download link and soon after deleted it. They should provide the proof that I downloaded the whole file. Of which they cant.

I've mentioned that in the letter :)

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 11:28 am
by ANDYTHEBIZ1965
hi all, its my first time here on the forum.
its interesting looking at how long this been going on. i myself received a letter today telling me i have to pay 565 pounds within 21 days for sharing a game called test drive unlimited. i hadnt even heard of this game until today. but along with others, i'm wondering whether it is a case of someone using my wireless router. i have spoken to a solicitor today, waiting for a reply as this goes out. any other replies would be greatly appreciated. thanks.

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 11:36 am
by boingboing
As well as gathering a list of titles I'd be interested in when people are being accused of doing this. My alleged download was back in Jan, which assuming it isn't DL getting it wrong/making it up means it was likely someone who had hacked my router. I've sorted out security now, but wondering how long it will be before I can be sure I'm not going to get any more nasty surprises, as I don't have a clue what else they may have done.

I'm particularly intrigued as Test Drive Unlimited was one of the titles on the previous discussion threads, and hence they must have been sending letters out way back when so I'd have thought that was all done and dusted by now. Are these accusations for recent downloads or are they going back some time?

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 11:50 am
by ANDYTHEBIZ1965
yeah, this sharing apparently happened back in february, and they went to my isp for info on my name and address in may.

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 1:14 pm
by Duracell
boingboing wrote:I'm particularly intrigued as Test Drive Unlimited was one of the titles on the previous discussion threads, and hence they must have been sending letters out way back when so I'd have thought that was all done and dusted by now. Are these accusations for recent downloads or are they going back some time?


They most likely delayed some of the letters to coincide with their 'landmark victory' against the Polish woman to make the idea of paying up seem even more favourable.

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 1:17 pm
by voodoochile
To be honest I am not really worried about all this happening, it seems they are trying to extort money out of people who will pay up at the first threat. I am more bothered about my other half getting worried as when she opened the letter this morning.

I am very concerned about my ISP giving my personal details to a third party without notifying me. Just think what this could lead to? Every search you have you have put into p2p and google over the years could come and haunt you.

What ever happened to data privacy!?

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 1:50 pm
by bubbster
In regards whether you allegedly downloaded the entire game or not won't be of much concern to DL. They are not interested in knowing if you had a usable product at the end, because their focus is on the "making available" argument, and as we all know, bit torrent starts to upload to other users as soon as you have a tiny chunk of the download. They won't even be concerned if you uploaded a significant portion of the file, they just need to show intent and convince the judge to 51%.

Not taking sides here, just a reminder of how they will be thinking.

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 3:05 pm
by sharp910sh
I still haven't replied to them, and nothing. I was going to but I forgot. Its been a long time now. I may just send them a letter saying I haven't downloaded anything. As they may come after people who just didnt reply.

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 3:28 pm
by voodoochile
If they are more bothered about the "making available" argument then they should take it up with Emule themselves.

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 4:14 pm
by MrFredPFL
i really hope you don't mean that.

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 4:25 pm
by Mad King George
So if they cant tell what i/if i downloaded was just a file called call of juarez a video of it the demo or just movies and pictures of it.

If so i could buy the game and download the demo bring it to court and ask the Davenport and lyons lawyer if he can tell the difference between the demo game and the real game by looking at it on the pc, and if he cant how could he recognize it from a 1000000th of a % of a supposedly shared from my pc.

if that fails . ive always found fire erotic. :pissedoff: and i doubt anyone will be playing :nopity: for D&L

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 6:38 pm
by Yanukovich
Hi guys, I'm new on hear as well and spent last 5 hrs on different forums due to recieving the letter today (Test Drive Unl, £665). They saying I was dowloading it on 14th of January but I only live at this address from end of Feb. Still not sure if I have to reply to them but one thing for sure I WILL NOT pay them a penny. Guys I know its been here long time but I still didn't come to one decision: reply or ignore? Thanks

Re: The new official Davenport-Lyons lawsuit thread

PostPosted: Fri Aug 29, 2008 6:40 pm
by eldard
Mad King George wrote:So if they cant tell what i/if i downloaded was just a file called call of juarez a video of it the demo or just movies and pictures of it.

If so i could buy the game and download the demo bring it to court and ask the Davenport and lyons lawyer if he can tell the difference between the demo game and the real game by looking at it on the pc, and if he cant how could he recognize it from a 1000000th of a % of a supposedly shared from my pc.

if that fails . ive always found fire erotic. :pissedoff: and i doubt anyone will be playing :nopity: for D&L


Well Logistep collects your IP and the hash of the file that you supposedly shared. The hash being a near unique identifier of the file in question, i.e. the game.