The Full Story

Sharing Bullies... Lawyers intimidate sharers innocent or not

2nd December 2008		Legal Nasties...

	Nasty letters inaccurately targeted at alleged porn downloaders demand unreasonable damages
	Based on article from guardian.co.uk
	Innocent people are getting letters from lawyers claiming they should pay for films they've never seen. A Hertfordshire couple in their 60s were horrified to receive a letter last week from lawyers at Davenport Lyons accusing them of downloading a hardcore gay porn movie. It demanded they pay Ł503 for copyright infringement or face a high court action. The 20-page pre-settlement letter from Davenport Lyons, acting on behalf of German pornogaphers, insisted they pay Ł503 to their clients for the 115 minute film Army Fuckers which features Gestapo officers and Czech farmers. The bewildered couple contacted Guardian Money. We were offended by the title of the film. We don't do porn - straight or gay - and we can't do downloads. We have to ask our son even to do an iTunes purchase. But this Hertfordshire couple are not alone. A large number of people have received this letter, provoking a massive outcry on web forums such as slyck.com and torrentfreak which estimate 25,000 of these letters have been sent out. If all the recipients paid up, it would net Ł12.5m - more than almost any porn film has made. Media expert Michael Coyle at Southampton-based solicitors Lawdit, is fighting on behalf of individuals who have received the letter from Davenport Lyons. Owners of films, music and computer games obviously have to protect their rights and prevent illegal copying, otherwise everyone would get all sorts of content for free. "But many of these letters have been sent to people who have no idea what a download is. We've had straight pensioners complain, and a mother who had the shock of having to question her 14-year-old son about gay porn because he was the only apparent user of the internet connection that was registered to her. Coyle says Davenport Lyons represent DigiProtect, a German company with rights to both pornographic films. He questions the amount demanded and methods used to identify computers alleged to have downloaded material. He believes the sum demanded is out of all proportion to the alleged injury. In one case, Davenport Lyons wanted Ł500 for a Ł20 game. The alleged file-sharing would have cost only about Ł50 - the rest is legal costs. Coyle offers a Ł50 service for those who refuse to cave in to the demands as he believes some of the firm's successes are due to consumers paying up because they cannot afford the legal costs of defending themselves. They have won court cases including a high-profile Ł16,000 on a games download. But these have not been defended. My advice is to deny file sharing to any such request.

14th December
2008

Update:

Insufficient Evidence...

Which? magazine files complaint against bullying Davenport Lyons

Based on article from hellmail.co.uk

Consumer magazine Which? has complained to the solicitors’ watchdog about a London law firm that sent bullying letters to hundreds of innocent consumers.

Davenport Lyons has been hunting for internet users who it believes have illegally shared copies of video games and gay pornography. The alleged file-sharers received letters from the law firm demanding payment of Ł500 compensation for copyright infringement.

However, letters sent out rely on IP addresses and with so many unsecured wireless networks and file sharing sites which spoof IP addresses, serious questions are being asked about the validity of evidence put forward by Davenport Lyons, evidence already discredited by at least two other European countries.

The case was featured on BBC's Watchdog programme this week, and both Watchdog and The Real Hustle have highlighted the relative ease with which many home networks can be breached. Many of those wrongly accused by Davenport Lyons say that their claims of innocence are ignored completely and simply followed with continued demands for money.

Michael Coyle, solicitor advocate with Lawdit who is currently representing hundreds of UK citizens who have received threatening letters, says that using IP addresses alone to pinpoint file sharers is a nonsense and that Davenport Lyons are using heavy-handed tactics.

Which? has written to the Solicitors Regulatory Authority complaining about what it describes as bullying and excessive, pointing out that during a recession, more and more companies will be looking to make money from individuals and that the SRA should take decisive action. Which? has invited anyone wrongly accused by Davenport Lyons to contact whichcomputingnews@which.co.uk.

A number 10 petition has also been created.

Steve Lawson, editor for Hellmail the postal industry news site said: Its a disgrace that an apparently respected firm of solicitors is relying on such poor evidence and sending out letters to frighten the wits out of people that in many cases have done nothing wrong at all, and then for those people to discover that they are not even being listened to.