Letter threatening copyright action - any PH lawyers about?
Discussion
Pay about £350 and sign a form saying he has deleted it etc.
He has contacted Trading Standards & is going to contact CAB. Searching the net, a few others have recieved the same letter, and none of them have any idea of what happened either! It's not even a very good piece fo software!!
He has contacted Trading Standards & is going to contact CAB. Searching the net, a few others have recieved the same letter, and none of them have any idea of what happened either! It's not even a very good piece fo software!!
Mattt said:
He was advised against contacting them personally by our company advisor service
Seems odd. If I got something like the first thing I would do would be write back and ask for evidence of a contract. I owe you money? Prove it!
Mrs Bills had something similar from an online phone company last month so the reply went back cc'd to all of the directors listed at Companies House with a cover sheet on the firm's notepaper
Just because you download something doesn't mean you have to pay for it. They can only claim payment if they can establish a contact ie "here's a program, it costs £xx to download, click here"
A Google-search turns up reports on a flurry of writs from a London-based solicitor called Davenport Lyons, relating to illegal sharing of a pinball game through emule. It looks genuine, but it also looks like they've got the wrong people (in some cases).
Step 1 would be to work out a defence. Obvious questions would be:
- Does he have the programme? Search all computers on the network for copies or traces.
- Why does he say it is incompatible? Is it a PC programme, and does he only have Macs?
- Has he ever used emule? Does emule require special upload/download software or an account?
- Does anyone else have authorised access to his network? Do they have anything to say?
- Is his network secure? If he uses ethernet or USB, it is. If he uses wireless, is it totally secure?
- Now he thinks about it, did he do it?
It's worth writing this out.
Step 2 is what to do about it.
If he did it, it's probably right and easier to cough up.
If he didn't, and believes he has a reasonable case, the question is whether he should respond or wait for the writ. If there is an element of phishing here, responding just gives them confirmation of someone to chase. If he decides to ignore this lettter, they may file a writ, which he absolutely must not ignore. This will probably be small claims, and the documentation will give him a chance to present his defence. But hopefully a legal PHer will give you better advice on which way to play this.
I would also keep an eye on the forums where this is being discussed (and regularly check Google for news articles and forums where this comes up). It looks to me like they have accused at least some innocent people. Their experience will be useful and might come into play should it go to court.
Step 1 would be to work out a defence. Obvious questions would be:
- Does he have the programme? Search all computers on the network for copies or traces.
- Why does he say it is incompatible? Is it a PC programme, and does he only have Macs?
- Has he ever used emule? Does emule require special upload/download software or an account?
- Does anyone else have authorised access to his network? Do they have anything to say?
- Is his network secure? If he uses ethernet or USB, it is. If he uses wireless, is it totally secure?
- Now he thinks about it, did he do it?
It's worth writing this out.
Step 2 is what to do about it.
If he did it, it's probably right and easier to cough up.
If he didn't, and believes he has a reasonable case, the question is whether he should respond or wait for the writ. If there is an element of phishing here, responding just gives them confirmation of someone to chase. If he decides to ignore this lettter, they may file a writ, which he absolutely must not ignore. This will probably be small claims, and the documentation will give him a chance to present his defence. But hopefully a legal PHer will give you better advice on which way to play this.
I would also keep an eye on the forums where this is being discussed (and regularly check Google for news articles and forums where this comes up). It looks to me like they have accused at least some innocent people. Their experience will be useful and might come into play should it go to court.
billsnemesis said:
Mattt said:
He was advised against contacting them personally by our company advisor service
Seems odd. If I got something like the first thing I would do would be write back and ask for evidence of a contract. I owe you money? Prove it!
Mrs Bills had something similar from an online phone company last month so the reply went back cc'd to all of the directors listed at Companies House with a cover sheet on the firm's notepaper
Just because you download something doesn't mean you have to pay for it. They can only claim payment if they can establish a contact ie "here's a program, it costs £xx to download, click here"
Completely agreed.
If it *is* a scam they are sending out loads of letters to the 'database' of contacts. By replying all you are doing is confirming you exist and are worried about it, thus showing the green light to go to step two of the threatening letters.
There will be some companies out there who will say 'Oh ****' and just authorise the payment believing it to be genuine. Only 1% need to reply to have a nice little earner.
No-one is going to think it is a viable possibility to sue for £350 on a case that hasnt got a 100% winnable foundation. And this one hasnt.
HiRich said:
- Does he have the programme? Search all computers on the network for copies or traces.
- Why does he say it is incompatible? Is it a PC programme, and does he only have Macs?
- Has he ever used emule? Does emule require special upload/download software or an account?
- Does anyone else have authorised access to his network? Do they have anything to say?
- Is his network secure? If he uses ethernet or USB, it is. If he uses wireless, is it totally secure?
- Now he thinks about it, did he do it?
He has never heard of the programme before - I doubt pinball games are top of the P2P piracy list!!!
He only has Macs
He uses P2P - not sure if he uses eMule
He has got a wired network - so just him using it
Mattt said:
HiRich said:
- Does he have the programme? Search all computers on the network for copies or traces.
- Why does he say it is incompatible? Is it a PC programme, and does he only have Macs?
- Has he ever used emule? Does emule require special upload/download software or an account?
- Does anyone else have authorised access to his network? Do they have anything to say?
- Is his network secure? If he uses ethernet or USB, it is. If he uses wireless, is it totally secure?
- Now he thinks about it, did he do it?
He has never heard of the programme before - I doubt pinball games are top of the P2P piracy list!!!
He only has Macs
He uses P2P - not sure if he uses eMule
He has got a wired network - so just him using it
sounds like they tracked it down to the wrong ip address.
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