CAN THIS BE RIGHT???

Question

Davenport Lyons have issued proceedings against me. 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/20080825/2333082095.shtml

http://www.eurogamer.net/forum_thread_posts.php?thread_id=120613&start=0

http://www.slyck.com/forums/viewtopic.php?f=66&t=44092&st=0&sk=t&sd=a

http://www.slyck.com/forums/viewtopic.php?f=31&t=31051

http://www.slyck.com/forums/viewtopic.php?f=31&t=39877

http://technology.timesonline.co.uk/tol/news/tech_and_web/gadgets_and_gaming/article4569180.ece?Submitted=true

Answer 1

I assume the proceding are against you rather than you son ( as your son is under the legal age to sign a contract ) - however you would be liable for the illegal use of your internet connection.  

If your son stole a copy of the game from HMV and before he played the game he was caught it would still be theft, and he would probably still tell you that he didnt know it was wrong

Answer 2

Your son is under the legal age to sign a contract. English contract law states "When the law limits or bars a person engaged in specific activities any agreements or contracts to do so are either voidable or void due to incapacity (To make the agreement) I applaud your bringing this to the public notice as this is simply a scam to frighten people into making payments rather than to fight. Any decent QC would blow them out of the water.

Answer 3

I agree with Chris A.

Do not admit anything, contact Citizens Advice for help.

Answer 4

Just because you didn't "benefit" from pirating the software does not make it less legal. You're son illegally downloaded a program and got caught.  

Answer 5

this is the danger of allowing the government to get into the internet. soon we will all have a spy on our shoulders.

Answer 6

Goto the citizens advice bureau, and also tell DL that you need to see full evidence of the actual act. Do Not admit to anything.

Its down to them to prove it :D Innocent Until Proven Guilty

Answer 7

Sorry, but ignorance is no excuse for breaking the law.  

Answer 8

You ask "CAN THIS BE RIGHT???"

Of course it is. your son illegaly downloaded i.e. STOLE something.

As you are supposed to be the one responsible for him then they will chase you.

Your sob story gets boring when we have to read it on every section on this site and it makes no difference.

You should be controlling what your 13 year old does on the internet (how can you afford it if you are so broke).

Bottom line - stop whingeing and accept that you/your son were caught stealing.

Answer 9

Who is you ISP (Internet Service Provider) then we will all know who not to use to access the Internet (peeping toms).

And I think that this is just another example of big business using their strong arm tactics to fleece the general public.

This is just the thin end of a very big wedge, soon you will be only allowed to visit approved internet sites which will be forced to tow the

governments line and stifle any real free speech, and you I'm sorry to say have been one of the first to be coned into believing that the Internet was free.

I'm afraid the Internet that we have all come to know and use will soon disappear to be replaced with a kind of pay-per-view, where browsing the Internet will be a thing of the past, because who wants to visit government approved sites.

Answer 10

Go straight to the Citizens Advice Bureau. They will tell you where you stand legally.

I would have thought DL would have to prove usage before they could even take you to court.

Don't feel intimidated into agreeing to pay anything. These people have no power until a court has agreed with them.

So...go to the C.A.B tomorrow morning.