Friend "going to be sued" for downloading?

Caporegime
Joined
12 Mar 2004
Posts
29,913
Location
England
They can't sue you for a profit. Only lost earnings, ie £30.

Is he on wireless? If so, just say that someone must have been leeching his bandwidth and let them try to disprove it.

It's guilty until proven innoccent with the current laws on wi-fi I'm afraid. You are responsible for your own connection.
 
Soldato
Joined
1 Jan 2007
Posts
3,186
Location
Exeter
Indeed, they probably obtained the details illegally (entrapment) and as you said breached the data protection act... send a nicely worded letter back ;)

Entrapment isn't a defence in UK law and you don't necessarily know they breached the DPA. However, I agree that if you're innocent they're not going to take this much further.
 
Associate
Joined
2 Jun 2004
Posts
1,202
I doubt they will actually take anyone to court, however I guess they hope that people will see the letter and just pay up to avoid any trouble. Especially if parents find the letter after giving junior his first PC.
 
Associate
Joined
20 Feb 2006
Posts
185
Nice thread on slyck regarding this company, sound like they use fear tactics as even a 10% response to the number of letters they send out will probably earn them a pretty penny. Thread can be found here
 

uv

uv

Soldato
Joined
16 May 2006
Posts
8,435
Location
Manchester
Just ignore the letter. Straight into the bin.

I won't deal with any company that uses fear tactics.. I've had them before (for things other than downloading), and refuse to deal with them unless they go through the proper channels - ie. court, or the police.

They are just hoping that you'll pay, but I seriously doubt they'd take it any further.
 
Soldato
Joined
18 Oct 2002
Posts
18,175
Location
Santa Barbara, Californee
AFAIK the main thing is to deny that it was you that downloaded it, deny that you have the file on your computer and deny that you have infringed their copyright (or of course, just ignore it) - the company will then have to prove that you have, and continue to infringe their copyright, which is a lot trickier than just getting an IP match on a file.

There have been a couple of successful civil cases for copyright infringement regarding downloading music, but they have relied on the person admitting that they had the file on their computer and they had downloaded - damages were minimal but the firm sucessfully obtained an undertaking for the individual to cease their copyright infringing action - this is deemed a success so the solicitors costs followed.
 
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