How can this be right in a civilised, caring society?

Question

Davenport Lyons are threatening to issue 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/20080825/23...

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/tol

Answer 1

He stole it!  He has to be punished.  Ignorance is no defence.  It is no more a mistake than stealing from a shop - he's 13 and he knew exactly what he was doing.  The sad thing is that its you who is being punished but then your children are your responsibility.

Answer 2

I agree. The public needs to know these things.

Good luck in future to all who are being scammed by these already rich business entities--with the help of the government--that's the really sick part. We know whose side from the magistrates on up and down is on, and it is not the side of the citizens.

A mere tuppence worth.  

Answer 3

See a lawyer who knows about the trade and descriptions act, they may be bluffing.

Answer 4

Yes apparently these days, it is more important to catch young people who have innocently downloaded a game or song thats illegal, than it is to prosecute those thugs who go around thinking its acceptable to stab other people, or to do something about gary glitter. Society has gone mad, if they want this country to get better,, they need to get their priorities straight. I hope you manage to sort this out ok.

Answer 5

T H E Y

A R E

B L U F F I N G

My opinion is that if they are allowed to sue at ALL, it should only be for the RETAIL VALUE and nothing more.

You might want to get a consultation from an attorney.

If not, tell the company, "Good LUCK getting it!"