letter from davenport lyons about a colin mcrae dirt xox 360 game
mabb...@btinternet.com
i have recieved a letter form a firm called davenport lyons saying i
have downloaded a file called colin mcrae dirt xbox 360 and they want
me to pay £511 to them , having checked my computer and to my
knowledge i have not downloaded any such file and do not have it on my
computer.
they have stated they have contacted my isp which is BT and they have
gave them my personal details which i find it hard to believe!
not sure what to do they want a response in 14 days and they want me
to sign saying i did it and wont do it again.
any help would be appreciated very much
The Todal
<mabb...@btinternet.com> wrote in message
news:2d511fad-2e9b-4718...@y43g2000hsy.googlegroups.com...
> any help would be appreciated very much
Write to them, tell them you have not downloaded the file and that their
allegations are denied. Request proof of their allegations. You are of
course one of many hundreds who have received such a letter.
mabb...@btinternet.com
are there more of us with these letters?
Dr Zoidberg
news:2d511fad-2e9b-4718...@y43g2000hsy.googlegroups.com...
> have downloaded a file called colin mcrae dirt xbox 360 and they want
> me to pay £511 to them , having checked my computer and to my
> knowledge i have not downloaded any such file and do not have it on my
> computer.
Do you even own an ex-box 360?
Do you have a wireless connection that someone else could be using?
Do you live with anyone else that could have been using file sharing
software?
They won't have just picked your name from the phone book , so they clearly
think they have evidence of you downloading copyright material
--
Alex
New laptop - Sig missing
mabb...@btinternet.com
wrote:
> <mabbo...@btinternet.com> wrote in message
hi dont have an xbox but did have a wireless connection at that time,
also had a lodger
Dr Zoidberg
news:14566a9b-1fcb-4bc3...@s19g2000prg.googlegroups.com...
> also had a lodger
I think that's your answer then.
"I have no knowledge of downloading the file you speak of. At the time you
mentioned I did have a lodger who had access to my internet connection who
could conceivably have done this. I do/do not have contact details for him"
PeteM
>hi
>
>i have recieved a letter form a firm called davenport lyons saying i
>have downloaded a file called colin mcrae dirt xbox 360 and they want
>knowledge i have not downloaded any such file and do not have it on my
>computer.
>
>they have stated they have contacted my isp which is BT and they have
>gave them my personal details which i find it hard to believe!
Not really.
>
>not sure what to do they want a response in 14 days and they want me
>to sign saying i did it and wont do it again.
>
Davenport Lyons have been milking this cow for some time. It was the
subject of a long thread on this NG earlier this year, called "Letter of
claim - p2p", and is discussed on many web sites.
Essentially, as Todal says, don't give them anything, deny what they
claim, and demand proof. Tell them you will not answer any further
letters until you get it.
--
PeteM
--
Posted via a free Usenet account from http://www.teranews.com
mabb...@btinternet.com
wrote:
> <mabbo...@btinternet.com> wrote in message
what if you was guilty of it?
mabb...@btinternet.com
there is a part in the letter stating about 5 different ip addresses
and times for the colin mcrae file.
Adrian
they were saying:
> are there more of us with these letters?
Did you read the post you replied to?
mabb...@btinternet.com
> mabboman (mabbo...@btinternet.com) gurgled happily, sounding much like
anyone have any idea on how to write a good letter to them??
Martin
Those were the lot trying it on about a year ago with a pinball game
that noone had ever heard of or tried.
I don't recall anyone posting after the threats went out regarding court
cases so presumably they dropped the cases.
Janitor of Lunacy
<mabb...@btinternet.com> wrote in message
news:4c17ec20-8dfe-46ef...@n20g2000hsh.googlegroups.com...
I think they might go away if you write in bright green crayon.
mabb...@btinternet.com
> <mabbo...@btinternet.com> wrote in message
i will proceed to write them a letter then hopefully they drop it
fred
<4c17ec20-8dfe-46ef...@n20g2000hsh.googlegroups.com>,
mabb...@btinternet.com writes
Yes, make no reply whatsoever, they will waste their time on the mugs
that do respond and will assume that those who respond have something to
hide. If your failure to refute their claim is made issue of in
proceedings then state that you having never attempted to download such
a program and you assumed the contact was some kind of scam, which it
is.
Expect a few attempts before they lose interest but ignore them all,
including any that unlawfully threaten debt collection.
--
fred
Plusnet - I hope you like vanilla
mabb...@btinternet.com
> In article
> <4c17ec20-8dfe-46ef-a629-ab2c6d80e...@n20g2000hsh.googlegroups.com>,
> mabbo...@btinternet.com writes
hi fred they reckon they have proof..
They have sent me 5 letters all about the same download but under
different ip addresses?
fred
<d523f9b8-592c-441e...@w40g2000hsb.googlegroups.com>,
mabb...@btinternet.com writes
>On 22 Nov, 19:16, fred <n...@for.mail> wrote:
>> In article
>> <4c17ec20-8dfe-46ef-a629-ab2c6d80e...@n20g2000hsh.googlegroups.com>,
>> mabbo...@btinternet.com writes
>>
>> that do respond and will assume that those who respond have something to
>> hide. If your failure to refute their claim is made issue of in
>> proceedings then state that you having never attempted to download such
>> a program and you assumed the contact was some kind of scam, which it
>> is.
>>
>> Expect a few attempts before they lose interest but ignore them all,
>> including any that unlawfully threaten debt collection.
>
>They have sent me 5 letters all about the same download but under
>different ip addresses?
>
If they make a claim (which is unlikely) by all means defend that claim
but until then let them blow, and blow, and blow. You don't like in a
straw house do you :-? Replying to their claims just adds (automated)
fuel to their fire.
Let them prove their case.
mabb...@btinternet.com
> In article
> mabbo...@btinternet.com writes
thanks for the help fred.
do you no of any people who had been took to court? do you think they
are totaly making it up and the makers of the game have not been in
touch with them, if thats a yes then maybe they are behind the whole
download!!
mabb...@btinternet.com
1. Please provide a full and unedited copy of the "forensic computer
analysts report" to which you refer identifying my IP address as
alleged.
2.A full and unedited copy of the documents that make up the
"compelling" evidence to which you refer. This should include
a. Proof that my IP address was used to download/upload the "game" on
the day/time identified.
3. Proof that the "game" was downloaded to my computer hard drive as
alleged.
4. Proof that the "game" was also uploaded from my computer hard drive
as alleged.
5.Please provide a copy of the application to the High Court that gave
rise to the Order referred to
6. A copy of the court Order sent to (your ISP)
7. A copy of the letter sent to (your ISP) requesting release of
information.
8. A copy of the reply from (your ISP) confirming my personal details.
9. A copy of the invoice raised by (your ISP) for £47.62 (this was my
charge) for release of such information.
Also add the following statement:
Accordingly, I expect a full and detailed breakdown of the sum claimed
including confirmation as to how much of the sum is damages and how
much is your costs. As you are also aware I am entitled to a breakdown
in relation to any costs claimed as profit costs, VAT, and
disbursements
do you think its wise just to ingore them
fred
<498686ee-9619-4ccd...@d61g2000hsa.googlegroups.com>,
mabb...@btinternet.com writes
>
>do you think its wise just to ingore them
Yes, and chill the f'ck out, ur givn me a headache.
NAL but successful small claims litigant & defender.
mabb...@btinternet.com
basicly said i had distributed it 5 times how would they no that?
mabb...@btinternet.com
mabb...@btinternet.com
Lord Turkey Cough
mabb...@btinternet.com
> Send them a check for £511.
but them im admiting i have done it and they might try it again with
another game and try to get money out of me?
this is a really tough decision to make
Colin Wilson
> have downloaded a file called colin mcrae dirt xbox 360 and they want
> me to pay £511 to them , having checked my computer and to my
> knowledge i have not downloaded any such file and do not have it on my
> computer.
IANAL
See the links below...
> they have stated they have contacted my isp which is BT and they have
> gave them my personal details which i find it hard to believe!
IIRC they made mass court requests for the release of personal data.
At least one guy scanned and posted all the requests they'd made to
Telewest, and others were able to fairly conclusively prove that they
never had the IP address that Telewest claimed they had.
In another case in the US several months ago, one lad was jailed
(IIRC) following the provision of incorrect data by his ISP who failed
to take into account daylight savings time - the true offender had the
IP address an hour astray from the kid who was jailed for it (IIRC
this was on http://www.theinquirer.net)
> not sure what to do they want a response in 14 days and they want me
> to sign saying i did it and wont do it again.
Sign nothing - if you've done nothing wrong, and any signature might
be seen as a tacit admission of guilt and used as leverage to bring
other similar frivolous lawsuits against you, which given a previous
"admission" might be harder to refute in court.
They're simply fishing and looking for easy targets - if you've
genuinely not done anything, you could offer to let them run a
forensic test on it at their expense during on a supervised visit, as
long as they paid for a forensic expert of your choosing to monitor
procedings.
Basically, they have to prove you downloaded it personally, not
someone else. If you happen to have an unsecured wireless network,
that might be one way you came under the radar, but the chances are
just as likely that their information is simply incorrect.
ISTR there was a ruling in France that their methods were found
lacking in substance, the first link below has that thread & link
IIRC.
> any help would be appreciated very much
They tried this over a game several months ago, and afaik the legal
hurdles have only got higher for them since their original attempt at
extortion.
Google "Davenport Lyons Dream Pinball"
Or, to start you off, try some of these links (you might also want to
search http://www.theregister.co.uk as there were quite a few articles
on there at the time - I pushed for them to do follow-up articles !)
(all seperate links, the long ones have been shortened)
http://preview.tinyurl.com/2ceptj
http://torrentfreak.com/this-is-how-we-catch-you-downloading/
http://www.theregister.co.uk/2007/04/17/davenport_evidence/
Colin Wilson
> basicly said i had distributed it 5 times how would they no that?
IANAL
It's all bullshit unless your IP address remained constant for the
entirety of all the alleged 5 copies of the uploads, and they were
able to download all 5 copies themselves - otherwise how can they
prove you:
a) had the file in full yourself
b) was able to upload the file in full yourself
Basically, no file sharing format tends to work like that - they chop
the data into chunks, and send small parts to anyone who asks. Unless
they got the whole file from a single "distributor" they can't prove
*that* "distributor" was guilty of the allegation against them.
If I happen to have a torrent of Ubuntu (a free operating system)
seeding from my machine, there's a chance that in 700Mb of data, some
bytes would be the same as any other file you could mention. Just
because they get "some" data that looks the same doesn't mean it
belongs to a file they want it to be.
Colin Wilson
> and times for the colin mcrae file.
So even they're not sure ;-)
mabb...@btinternet.com
<REMOVEEVERYTHINGBUTnewsgr...@phoenixbbsZEROSPAM.co.uk> wrote:
> > i have recieved a letter form a firm called davenport lyons saying i
> > have downloaded a file called colin mcrae dirt xbox 360 and they want
> > me to pay £511 to them , having checked my computer and to my
> > knowledge i have not downloaded any such file and do not have it on my
> > computer.
>
> IANAL
>
> See the links below...
>
> > they have stated they have contacted my isp which is BT and they have
> > gave them my personal details which i find it hard to believe!
>
> IIRC they made mass court requests for the release of personal data.
> At least one guy scanned and posted all the requests they'd made to
> Telewest, and others were able to fairly conclusively prove that they
> never had the IP address that Telewest claimed they had.
>
> In another case in the US several months ago, one lad was jailed
> (IIRC) following the provision of incorrect data by his ISP who failed
> to take into account daylight savings time - the true offender had the
> IP address an hour astray from the kid who was jailed for it (IIRC
>
> > not sure what to do they want a response in 14 days and they want me
> > to sign saying i did it and wont do it again.
>
> Sign nothing - if you've done nothing wrong, and any signature might
> be seen as a tacit admission of guilt and used as leverage to bring
> other similar frivolous lawsuits against you, which given a previous
> "admission" might be harder to refute in court.
>
> They're simply fishing and looking for easy targets - if you've
> genuinely not done anything, you could offer to let them run a
> forensic test on it at their expense during on a supervised visit, as
> long as they paid for a forensic expert of your choosing to monitor
> procedings.
>
> Basically, they have to prove you downloaded it personally, not
> someone else. If you happen to have an unsecured wireless network,
> that might be one way you came under the radar, but the chances are
> just as likely that their information is simply incorrect.
>
> ISTR there was a ruling in France that their methods were found
> lacking in substance, the first link below has that thread & link
> IIRC.
>
> > any help would be appreciated very much
>
> They tried this over a game several months ago, and afaik the legal
> hurdles have only got higher for them since their original attempt at
> extortion.
>
> Google "Davenport Lyons Dream Pinball"
>
> Or, to start you off, try some of these links (you might also want to
> on there at the time - I pushed for them to do follow-up articles !)
>
> (all seperate links, the long ones have been shortened)
>
> http://preview.tinyurl.com/2ceptjhttp://torrentfreak.com/this-is-how-we-catch-you-downloading/http://www.theregister.co.uk/2007/04/17/davenport_evidence/
interesting
so what would you do if you were me i have other things downloaded on
my harddrive not colin mcrae though
Martin
I'm calling Loki on this one!
Everyone knows the difference between
no/know
done/did
mabb...@btinternet.com
Martin
You're a deliberate troll or an illiterate bastard. You decide.
NB: Spelling like my opinions are my own
Alex Heney
wrote:
The only way they could have proof would be if they had access to a
webcam on your computer.
Otherwise the absolute most they could have is evidence that the file
was downloaded by somebody using your IP address.
But even if they had absolute proof, they still would not be entitled
to anything remotely approaching Ł511 for unlawful copying of a single
game for private use.
--
Alex Heney, Global Villager
Your analyst has you confused with another patient.
To reply by email, my address is alexATheneyDOTplusDOTcom
mabb...@btinternet.com
> On Thu, 22 Nov 2007 11:19:22 -0800 (PST), mabbo...@btinternet.com
> game for private use.
> --
> Alex Heney, Global Villager
> Your analyst has you confused with another patient.
> To reply by email, my address is alexATheneyDOTplusDOTcom
so what if you owned the orignal but were downloading it as a backup
with receipt to prove?
Jonathan Bryce
> Otherwise the absolute most they could have is evidence that the file
> was downloaded by somebody using your IP address.
That isn't even absolute proof. It is possible to spoof IP addresses in
some cases, though it is quite difficult.
Jonathan Bryce
> so what if you owned the orignal but were downloading it as a backup
> with receipt to prove?
That makes no difference.
Janitor of Lunacy
<mabb...@btinternet.com> wrote in message
news:15c61991-5547-449a...@s12g2000prg.googlegroups.com...
> game for private use.
> --
> Alex Heney, Global Villager
> Your analyst has you confused with another patient.
> To reply by email, my address is alexATheneyDOTplusDOTcom
so what if you owned the orignal but were downloading it as a backup
with receipt to prove?
I would think that the licensing agreement, which paradoxically is probably
set out inside the packaged game, but invisible until you actually open the
package, would prohibit that, despite the fact that you would be deemed to
have accepted it by opening the package.
And you could always try to copy the CD/DVD byte for byte using any PC and
suitable copying software. I haven't used it myself, of course, but I
believe ISOBuster (although not free) is particularly good at extracting
such binary images. I'm sure free alternatives exist, so there would be no
need to download a further, possibly incomplete or compromised version.
mabb...@btinternet.com
> <mabbo...@btinternet.com> wrote in message
> > game for private use.
> > --
> > Alex Heney, Global Villager
> > Your analyst has you confused with another patient.
> > To reply by email, my address is alexATheneyDOTplusDOTcom
>
> so what if you owned the orignal but were downloading it as a backup
> with receipt to prove?
>
> I would think that the licensing agreement, which paradoxically is probably
> set out inside the packaged game, but invisible until you actually open the
> package, would prohibit that, despite the fact that you would be deemed to
> have accepted it by opening the package.
>
> And you could always try to copy the CD/DVD byte for byte using any PC and
> suitable copying software. I haven't used it myself, of course, but I
> believe ISOBuster (although not free) is particularly good at extracting
> such binary images. I'm sure free alternatives exist, so there would be no
> need to download a further, possibly incomplete or compromised version.
so what would you do if you were me? there is no evidence of it ever
being on my harddrive they can come and check if they like
Janitor of Lunacy
<mabb...@btinternet.com> wrote in message
news:74ce98c3-d0ea-4b68...@e10g2000prf.googlegroups.com...
> > game for private use.
> > --
> > Alex Heney, Global Villager
> > Your analyst has you confused with another patient.
> > To reply by email, my address is alexATheneyDOTplusDOTcom
>
> so what if you owned the orignal but were downloading it as a backup
> with receipt to prove?
>
> I would think that the licensing agreement, which paradoxically is
> probably
> set out inside the packaged game, but invisible until you actually open
> the
> package, would prohibit that, despite the fact that you would be deemed to
> have accepted it by opening the package.
>
> And you could always try to copy the CD/DVD byte for byte using any PC and
> suitable copying software. I haven't used it myself, of course, but I
> believe ISOBuster (although not free) is particularly good at extracting
> such binary images. I'm sure free alternatives exist, so there would be no
> need to download a further, possibly incomplete or compromised version.
so what would you do if you were me? there is no evidence of it ever
being on my harddrive they can come and check if they like
1. Reply denying ever having downloaded this game and stating that you "put
them to strict proof" of this
2. Give them a reasonable time, say 14 days, to provide their evidence to
you, failing which you fully invite them to take appropriate proceedings,
which you tell them will be "fully defended".
3. Wait. Chances are you'll hear nothing further, there will be less
well-clued up people out there who will settle. They are relying on you
shitting yourself and caving in. Don't. It will cost them more to claim
Ł511 than that amount, even taking costs into account, and if you face them
up, they will balance the risk of losing against risking that cost.
4. If it's ever been on your hard drive, er, there WILL be a 99% chance of
some evidence of it remaining. They can't examine your hard drive without a
warrant, a court order or your permission. In the first two cases, they will
have to show reasonable cause to a court, which will cost them, and they
know that it would probably be futile anyway since you could easily have
downloaded it to a different hard drive to that which is currently installed
in the machine. They are not entitled to go on a fishing expedition. There
are things like "Anton Piller" orders which do these things, but they are
not easy to come by, particularly for Ł511, which amount they would be hard
pressed to prove anyway.
5. Don't panic.
Alex Heney
wrote:
>On 23 Nov, 00:02, Alex Heney <m...@privacy.net> wrote:
>> On Thu, 22 Nov 2007 11:19:22 -0800 (PST), mabbo...@btinternet.com
>> wrote:
<snip>
>
>
>
>so what if you owned the orignal but were downloading it as a backup
>with receipt to prove?
Then you would be very stupid.
If you can download a copy, then you can copy if from the original CD.
--
Alex Heney, Global Villager
Oxymoron: Rush hour.
Phil Stovell
> hi
>
> i have recieved a letter form a firm called davenport lyons saying i have
> downloaded a file called colin mcrae dirt xbox 360 and they want me to pay
> £511 to them , having checked my computer and to my knowledge i have not
> downloaded any such file and do not have it on my computer.
>
> they have stated they have contacted my isp which is BT and they have gave
> them my personal details which i find it hard to believe!
>
> not sure what to do they want a response in 14 days and they want me to
> sign saying i did it and wont do it again.
>
> any help would be appreciated very much
Somebody here tried to get BBC's Watchdog programme interested in DL's
previous scam about that pinball game. Perhaps they would be now?
--
Phil Stovell, Hampshire, UK
mabb...@btinternet.com
> On Fri, 23 Nov 2007 00:02:32 +0000, Alex Heney <m...@privacy.net>
> wrote:
>
>
>
>
>
>
>
> >On Thu, 22 Nov 2007 11:19:22 -0800 (PST), mabbo...@btinternet.com
> >game for private use.
>
> His ISP is BT so if he is taking part in BTFON anybody outside his
> house could use his connection to download anything. I don't know if
> it would show who the downloader was or his own IP though.
> petehttp://definitivemap.blogspot.com
>
> http://www.flickr.com/photos/ipswich
going to be speaking to a guy from the register on monday! hes gonna
call to discuss it
jasperjones
wrote:
>hi
>
>i have recieved a letter form a firm called davenport lyons saying i
>have downloaded a file called colin mcrae dirt xbox 360 and they want
>me to pay £511 to them , having checked my computer and to my
>knowledge i have not downloaded any such file and do not have it on my
>computer.
Davenport Lyons have been playing this game for some time.
In these circumstances, is there no way that like minded people could
make it a little difficult for them in a totally legal way.
eg writing to them under some pretext or other which they MUST reply
to otherwise a complaint to the Law Society goes off.
How about something along the lines that you have heard of this
problem - you fear that your machine has been hacked and that you want
to ensure that you are not on the list of possible offenders.
You could then create a chain letter to get hundreds taking part.
This is asked here purely as a legal question and should not be
misconstrued as an attempt to harass a company who I believe are
acting in a totally legal fashion.
Cynic
wrote:
>hi fred they reckon they have proof..
>They have sent me 5 letters all about the same download but under
>different ip addresses?
IANAL
They cannot possibly have proof that *you personally* downloaded
anything unless they get hold of your computer and subject it to
forensic examination. At the very best thay might have *evidence*
that a computer connected to the Internet via your IP address (or an
IP address in use by your account at the time) downloaded the material
or offered the material for file-sharing.
If they were to take you to court, the burden would be upon them to
prove on balance of probability that *you* downloaded the material.
Provided you simply issue a flat denial, saying that you have
absolutely no idea what they are talking about, they will be unable to
provide such proof.
They are well aware of that fact, so they will try to trick you into
admitting that you downloaded the material, or into saying something
that they could prove is a lie to lower your credibility. They will
probably make the claim that you are responsible in law for any
copyright infringement carried out using your Internet connection.
Such a statement is at best a distortion of the truth, and at worst an
outright lie. You may be responsible for anything that infringes the
terms of your contract with your ISP even if done without your
knowlege - but *only within the context of that contract*. So your
ISP might invoke whatever penalty they have for infringement of their
terms and conditions (e.g. terminate the contract), but that does not
make you liable to anyone else.
In short, if you say nothing at all, or make a *simple* denial, they
might bluster and threaten for a while, but they will go away because
they know they have no winnable case.
--
Cynic
Cynic
<AlexNOOOO!!!!!!@drzoidberg.co.uk> wrote:
>> hi dont have an xbox but did have a wireless connection at that time,
>> also had a lodger
>I think that's your answer then.
>"I have no knowledge of downloading the file you speak of. At the time you
>mentioned I did have a lodger who had access to my internet connection who
>could conceivably have done this. I do/do not have contact details for him"
Unless the OP has an interest in assisting Davenport-Lyons to pursue
the lodger, I would stop after the first sentence. It is not for the
OP to make suggestions or act as Davenport-Lyons's unpaid detective,
and would likely give rise to more threatening letters claiming that
the OP is responsible for what the lodger downloaded etc.
Short and sweet is by far the best. "I didn't do what you are
accusing me of"
--
Cynic
Phil Stovell
> going to be speaking to a guy from the register on monday! hes gonna call
> to discuss it
I expect it's the guy who wrote this:
http://www.theregister.co.uk/2007/03/28/uk_share_hunt/
Good luck!
mabb...@btinternet.com
it also states on the letter my full name and address how would they
obtain this info
mabb...@btinternet.com
captured in switzerland, my ip address changes when i turn on and off
my router and the one in ipconfig is not the one they are stating
neither,it states that we are unable to provide you with a copy of our
clients application to the court or the documents relied upon in
support of that application however were able to provide you with a
copy of the order for discloser made by the court ordering you isp to
release details of your name address and telephone number..... but i
look through what they sent me and there is no proof that my isp gave
them my details? plus at the time specified on the sheet of
downloading the file it states 9am i was in work at that time!
seems like they are fishing
Colin Wilson
> call to discuss it
Congrats :-)
mabb...@btinternet.com
so i think i will sit tight and see what he says on monday,
can i ask does anyone on here do they think they have enough on me to
take me to court all i can see they have is my so called ip address
and the time of download or upload and the date?
Colin Wilson
> take me to court all i can see they have is my so called ip address
> and the time of download or upload and the date?
If you haven't downloaded it, there is no way they can prove you did.
Even if you did, they can't prove it was actually *you* who downloaded
it and not someone else, either in the household, or stealing the use
of your connection without your knowledge.
You have the cast-iron fallback position of offering to allow them to
examine your system for *that file only* in the presence of an
independant computer forensics expert of your choice - paid for by
them.
mabb...@btinternet.com
i d use p2p but who doesnt! would it be wise to get a different
harddrive?
mabb...@btinternet.com
Andy C
<mabb...@btinternet.com> wrote in message
news:fe5c62a6-53e5-4cbe...@f3g2000hsg.googlegroups.com...
On 22 Nov, 21:13, Colin Wilson
<REMOVEEVERYTHINGBUTnewsgr...@phoenixbbsZEROSPAM.co.uk> wrote:
> > i have recieved a letter form a firm called davenport lyons saying i
> > have downloaded a file called colin mcrae dirt xbox 360 and they want
> > knowledge i have not downloaded any such file and do not have it on my
> > computer.
>
>
> See the links below...
>
> > they have stated they have contacted my isp which is BT and they have
> > gave them my personal details which i find it hard to believe!
>
> At least one guy scanned and posted all the requests they'd made to
> Telewest, and others were able to fairly conclusively prove that they
> never had the IP address that Telewest claimed they had.
>
> In another case in the US several months ago, one lad was jailed
> (IIRC) following the provision of incorrect data by his ISP who failed
> to take into account daylight savings time - the true offender had the
> IP address an hour astray from the kid who was jailed for it (IIRC
> this was onhttp://www.theinquirer.net)
>
> > not sure what to do they want a response in 14 days and they want me
> > to sign saying i did it and wont do it again.
>
> Sign nothing - if you've done nothing wrong, and any signature might
> be seen as a tacit admission of guilt and used as leverage to bring
> other similar frivolous lawsuits against you, which given a previous
> "admission" might be harder to refute in court.
>
> They're simply fishing and looking for easy targets - if you've
> genuinely not done anything, you could offer to let them run a
> forensic test on it at their expense during on a supervised visit, as
> long as they paid for a forensic expert of your choosing to monitor
> procedings.
>
> Basically, they have to prove you downloaded it personally, not
> someone else. If you happen to have an unsecured wireless network,
> that might be one way you came under the radar, but the chances are
> just as likely that their information is simply incorrect.
>
> ISTR there was a ruling in France that their methods were found
> lacking in substance, the first link below has that thread & link
> IIRC.
>
> > any help would be appreciated very much
>
> hurdles have only got higher for them since their original attempt at
> extortion.
>
> Google "Davenport Lyons Dream Pinball"
>
> Or, to start you off, try some of these links (you might also want to
> searchhttp://www.theregister.co.ukas there were quite a few articles
> on there at the time - I pushed for them to do follow-up articles !)
>
> (all seperate links, the long ones have been shortened)
>
> http://preview.tinyurl.com/2ceptjhttp://torrentfreak.com/this-is-how-we-catch-you-downloading/http://www.theregister.co.uk/2007/04/17/davenport_evidence/
>interesting
>so what would you do if you were me i have other things downloaded on
>my harddrive not colin mcrae though
i would completely ignore the letters at this stage - don't bite
in the unlikely event that anything was to ever come of it you could just
say you didn't respond because you thought it was a scam to exort money from
you
don't give them anything to work with at all
andy
Robbie
The Switzerland connection is probably down to this company:
http://www.logistepag.com/en/index.php
This organisation featured in the Davenport Lyons / pinball game
problems of a few months back. The company, based in Switzerland, is the
company that captures all real-time internet activity, eg IP addresses
etc in a database using an adapted p2p application. I assume they act on
behalf of the manufacturer of games etc and collate information which is
then used to form the basis of evidence that is forwarded to the likes
of Davenport Lyons to approach ISPs for them to release (usually via a
court order) account details eg to reveal which IP address relates to
which customer. The database apparently captures the actual date and
time, so dynamic IP addresses shouldn't be a problem, assuming they
captured the data correctly.
Of course, all this assumes that this is the company that collated the
data, but the Switzerland connection is more than a co-incidence.
This may give you a little more background:
http://torrentfreak.com/youre-caught-downloading-dream-pinball-settle-now-or-go-broke/
--
Robbie
Andy
wrote:
>On Thu, 22 Nov 2007 08:35:12 -0800 (PST), mabb...@btinternet.com
>wrote:
>
>>hi
>>
>>i have recieved a letter form a firm called davenport lyons saying i
>>have downloaded a file called colin mcrae dirt xbox 360 and they want
>>me to pay Ł511 to them , having checked my computer and to my
>>knowledge i have not downloaded any such file and do not have it on my
>>computer.
>
>Davenport Lyons have been playing this game for some time.
>
>In these circumstances, is there no way that like minded people could
>make it a little difficult for them in a totally legal way.
>
>eg writing to them under some pretext or other which they MUST reply
>to otherwise a complaint to the Law Society goes off.
>
>How about something along the lines that you have heard of this
>problem - you fear that your machine has been hacked and that you want
>to ensure that you are not on the list of possible offenders.
>
>You could then create a chain letter to get hundreds taking part.
>
>This is asked here purely as a legal question and should not be
>misconstrued as an attempt to harass a company who I believe are
>acting in a totally legal fashion.
Yer Yer a mail bomb software and a proxy server should teach them the
errors of their ways.
1.000.000 emails for starters
Andy
PiersChatton
Mike_B
<PiersChatt...@legalbanter.co.uk> writes
They are still at it? One can only assume that they are making
sufficient money from those who just pay up in order to justify their
continued work in this manner.
--
Mike_B
alw...@googlemail.com
> In message <PiersChatton.1948...@legalbanter.co.uk>, PiersChatton
> <PiersChatton.1948...@legalbanter.co.uk> writes
>
>
>
> >I'm tired of DL :(
>
> >http://tinyurl.com/yrpvhw
>
> They are still at it? One can only assume that they are making
> sufficient money from those who just pay up in order to justify their
> continued work in this manner.
>
> --
> Mike_B
It must be.
I was one of those who was subjected to their bombardment of letters
re: Pinball last year. After I stopped responding to their letters I
heard nothing from them till today!
Apparently, they're saying they successfully took someone to court and
judegment was ruled in their favour, but the amount awarded has yet to
be decided. They enclosed a copy of the Judgement for Clamaint. It
reads:
'No acknowledgement of service having been filed, judgement has been
entered for an amount which the court will decide, and costs. The file
has been referred to a District Judge for directions.'
Can someone decifer what this means, please? It doesn't mention
anything about their claim of copy-right infrigement or file sharing.
Thanks
Dopey
The Todal
<alw...@googlemail.com> wrote in message
news:7aab4920-6052-4fcc...@d70g2000hsb.googlegroups.com...
It means they served proceedings on someone who then failed to file and
serve any Acknowledgment of Service. That could mean that the defendant was
too stupid to fill in the form, or that he had moved house. It certainly
seems quite irrelevant in deciding whether or not Davenport Lyons can
establish liability.
Mike_B
<7aab4920-6052-4fcc...@d70g2000hsb.googlegroups.com>,
alw...@googlemail.com writes
It sounds like its a judgement in default, where the defendant didn't
respond to the claim, didn't file a defence and didn't file an
acknowledgement. It could well be that the defendant does even live at
the address anymore and has no knowledge of the claim or the judgement.
They hadn't even been awarded anything yet! Its another frightener to
make others pay up, with the added bonus that they have added another
couple of hundred quid to their randomly claimed amount.
--
Mike_B