Davenport Lyons have issued proceedings against me.. can I counterclaim?

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? Can I claim against them for the trauma this has caused to my family, which is genuine, profound, ongoing and likely to be of lengthy duration?

Answer 1

Unfortunately, your son committed an illegal act, knowingly or not.  That pretty much limits your options regarding a counterclaim, you only have grounds in general if they commit some kind of malfeasance during the case.

I suspect if you approach them with an offer of settlement for the cost of the actual game (which I am sure is less than that amount), and a letter of apology from your son, they may be amenable to dropping the matter, and I would approach it that way first.

If they refuse, you may need legal representation.  I'd be curious to know where they came up with that amount, which seems excessive to say the least.

Answer 2

Contact your citizens advice bureau- they're always brilliant for advice.

Answer 3

they have every right to protect their property and the fact your Son did not use it or know it was wrong is neither here nor there he stole it, can my Son get away with robbing a bank just coz he does not spend any of the money or know its wrong.

£565.00 seems a bit over the top no court would fine your 14 year old that.

tell them your happy to pay £100.00 at £1.50 a week see what they say

Answer 4

no you can't claim for trauma.  Get a lawyer and quick.  As it is proven that your son did download the game, even if it was accidentally, then under the law you are liable to pay the money.  Your son broke the law and as he is a minor you are responsible for the consequences.  This is not a case of predatory lawyers (though I admit that most lawyers are) but that you son did something illegal.  I doubt whether this was a 'mistake' as children are very savvy in IT matters, it is probably a case of him thinking that he wouldn't be caught and being told by his friends that they all do it.  You son was just unfortunate enough to be the one which they intend to make an example out of.  

Get a good lawyer, you will need it, and keep a close eye on your kids when they are on the internet.

The bad publicity may help your case, but your son is at fault.

Answer 5

This sounds like one of those cases connected to the games industry's latest drive against so-called copyright p****y.

If the facts are that your son only *downloaded* a single game, the their claim for £565 sounds exaggerated. All they'd actually loose for a single game is the shelf price of the game at the time of download. Not many games retail for as much as £50 even now, and their legal costs for sending you a letter wouldn't add to that substantially.

You should look into getting legal advice. Because of your financial situation legal aid might well be available. Their legal costs are likely to far exceed the value of their claim, but on this occasion they might litigate just for the chilling factor. What this is really about isn't them wanting the money, but them wanting to intimidate people.

Admittedly they are trying to intimidate people to stop them breaking the (civil) law, but in my view intimidation is properly the realm of criminal law. There are reasons the mere creation of an infringing copy is not a criminal offence.

Answer 6

Im assuming its a criminal case? In which case you should qualify for legal aid as youre on benefits. Most solicitors will at least tell you if they can help without charging you! Call into a few and explain your case and see if they can take you on. Lots of solicitors do legal aid work for criminal cases. I think your defence would basically be that the site didnt specify they needed payment, and despite your son being 13 he isnt computer savvy, plus he never actually used the product so they have suffered no loss.

Answer 7

the first answer is right...you need advice...but - if they take you to court...take a journalist with you...they will NOT like the bad publicity...make a big fuss about it...i would!!