1984...it might have been 24 years late, but it's here...?

Question

Davenport Lyons, a firm of solicitors in the US are threatening to issue proceedings against me. They got a Court Order to obtain internet records of Telewest, amongst others. I would be surprised if your IP is not amongst the other listed parties. Allegedly, my 13-year-old son downloaded a game illegally. I have spoken to him, he didn't know he was doing anything illegal. He didn't install the game and never played it, so he derived no benefit from it. Davenport Lyons are claiming £565 from me. I'm a single mum with two children, now 14 and 4, struggling on benefits. There are no childminders to collect my daughter from school so my employment possibilities are limited. Why do Atari and Davenport Lyons need £565 more than I do? Is this how our legal system is organised? To allow predatory lawyers to trawl through records to persecute a child for a genuine mistake?

They have tried this money-making operation before until the country got sick of it, apparently:

http://torrentfreak.com/youre-caught-dow...

To add insult to injury, if I settle out of court and pay the minimum £10 a month they are prepared to accept, the total amount repayable is £656.00. In addition to this, I have to answer a detailed questionnaire and provide them with a statement of means to prove that I cannot afford their original, and in my opinion, extortionate, claim.

I felt that this should be brought to the attention of the public, don't you agree?

http://techdirt.com/articles/20080825/23...

http://www.eurogamer.net/forum_thread_po...

http://www.slyck.com/forums/viewtopic.ph...

http://www.slyck.com/forums/viewtopic.ph...

http://www.slyck.com/forums/viewtopic.ph...

http://technology.timesonline.co.uk/to

Answer 1

i dont know, but i hope u wont have to pay this

Answer 2

stop posting the same question, it's getting tiring

Answer 3

Yes I do think that this should be bought to the attention of the public.  Have you thought about writing to a newspaper?  It doesn't make sense for them to be charging you so much for a game that was not even played.

Answer 4

Yes, this is ridiculous. It might not be much help but seeing as this matter will have to be dealt with in the UK (assuming this is where you live), you do not have to settle out of court and pay £10 a month. If you go to court and are fined then you will still have to supply a statement of means but it will be to the court and not the lawyers, and the court will decide, based on that, how much you have to pay each month. And if it turns out you can't afford to pay more than 50p a month then that's what you pay. I know this means you still have to go to court and have a record if you are fined, but it's a better option than the out of court one. Oh, and if you go to court you can probably prove (through a computer expert) that the game was never installed or played. This will be known to the law company and is why they are offering an out of court settlement.

It's a joke that these law companies are jumping all over this downloading thing, in my opinion if the publishers of media such as film, music and games didn't churn out so much c**p in between the products that are actually worth the price (and they know it's c**p, they're not stupid) for the single purpose of making profit then there wouldn't be as much of a p****y problem.

Answer 5

Hi !

I agree with you wholeheartedly ! Why should they bully someone such as yourself and your family ? It is because it is easier to browbeat the less affluent than those who can employ a battery of lawyers/barristers !

I truly hope all goes well with you and your family ! This is an outrage against every civilized member of society !

Perhaps trying to get the support of the public will shame these swine into dropping the case with an apology to you and family as well !

Good luck !

=^..^=