Downloading and possible breach of copyright?

[locutus]

Not sure if it helps much, but it is interesting tho.

Section 50(A) of the Copyright, Designs and Patents Act 1988:-

It is not an infringement of copyright for a lawful user of a copy of a computer program to make any back up copy of it which it is necessary for him to have for the purposes of his lawful use.

As you said daKlone the P2P uploading aspect of this is the problem.

[crazybadger]

I’m still trying to speak with orange's legal department.

After which I will try to get that hour’s free consultation from a law firm

Just to let anyone know if you do receive these letters it is better to consult someone on a legal basis just be sure.

Remember! You are dealing with what can only be considered a shady law firm and there’s nothing worse then that!

Speak with citizen’s advice bureau, (check website for local numbers)

They might be hard to get hold of and will probably advise you to speak with consumer direct 08454 040 506

Explain the situation and they will contact Trading standards swell

Then speak with your ISP legal department to gather whether they have given your details over to Davenport Lyons

finally go on line and check 'community legal services' its a website that will give you local solicitors in your area, a lot of them will give you a hours free consultation, this should be enough for you to find out where you stand

Also if you really do think you need further legal aid but can’t afford it, the Citizens advice bureau has links on their website for you to apply for free legal aid, (not everyone is entitled to it)

I will keep you posted on any developments

Please remember I’m in the same boat, don’t just assume anything find out where you stand in all this

If people on here have successfully ignored Davenports Threats then that’s great but they seem to be people who where threatened last year. Some on here like I have only just been threatened and are unsure if there have been any new developments in the law

A few thoughts though............

Don’t you think it’s strange that all of these incidents are to do with letters sent from the same law firm?

Why aren’t there any reports of people receiving letters from other law firms who represent other computer developers?

Why haven’t orange notified me in person or by letter regarding my contact details being passed on?

It’s always Davenport Lyons!

I still smell a rat!

Regards

Crazybadger

[crazybadger]

Another thought is that if there is no evidence that Davenport gained lawful access to your contact details, you can make a complaint on the Information Commissioners Office website.

*update*

Orange’s legal department are looking into it as we speak

[Bookworm]

I hope that you let us know what happens in the end, I think this could be very useful for a lot of people.

[crazybadger]

i will do my best

The info online at the moment from people with previous accounts of Davenport Lyons is a bit inconclusive.

i will however do my upmost to put people at ease if i can ( and just as importantly myself)

i must admit that since having researched this i am a lot more less worried of going to court then i was when i first opened the letters two days ago!

Crazybadger

[Bookworm]

Knowledge is power. So true.

[honey5]

certainly madam :P Anti-Piracy Company Breaches Privacy, Ordered to Shut Down | TorrentFreak

[Bookworm]

Honey, *ex-mod's hat on*, can you edit your post to add a link (if acceptable)to your source or state the source of the article? Talk of copyright theft...

PS: expect your post to get CAGbotted, there's a lot of undesirable links there...

[crazybadger]

*update*

Orange have replied stating that they HAVE been submitted with a high court justice order to hand over IP addresses

i have asked them whether they did charge Davenport Lyons admin fees to do so and why they didnt inform me about the handing over of data
(Davenport are trying to charge me for those admin fees)

i'm awaiting a reply

i will be seeking legal advice shortly to see what happens

regards

crazybadgers

[Jackath]

Originally Posted by crazybadger

Why haven’t orange notified me in person or by letter regarding my contact details being passed on?

Crazybadger

This is something Im also very concerned about!

Originally Posted by honey5

Anti-Piracy Company Breaches Privacy, Ordered to Shut Down | TorrentFreak

This is the Logistep company I referred to and indeed this article is something of interest! Though Davenport Lyons do not explain how they acquired their evidence or who did, all signs point towards Logistep and I will write to Davenport Lyons requesting this information..

[Carlp]

Originally Posted by Jackath

Though Davenport Lyons do not explain how they acquired their evidence or who did, all signs point towards Logistep and I will write to Davenport Lyons requesting this information..

In the letter I received it does state at the bottom of the opening page that the data was collected by their "forensic IT experts, Logistep", some experts since I checked my IP address using an online application and the addresses don't even match!!!

Also, my ISP is Orange Home UK and they have listed my provider as Energis, I don't suppose anyone out there whether this information is correct and Orange just act as an intermediary or whether they have my details totally wrong?.

[tomterm8]

If I were subject to such a legal action, as someone with a qualification on this, I might consider seeking disclosure of the technology they are using to "gather" your IP address.

it is quite possible this technology is itself unlawful, if it gains unauthorised access to data, under the computer misuse act 1990.

I would also suggest that the person who rents the internet connection and the person who downloaded this software are not necessarily the same person. It would, in any event, be for them to prove who actually downloaded it.

Maybe the computer had been made available to many members of your family, and friends?

[Carlp]

I am on a wireless network so it's entirely plausible that someone could have hacked my connection from anywhere within a 25-30 metre radius of my router.

Also from what I'm lead to believe, Logistep, the company responsible for the actual gathering and selling off of other peoples IP addresses are a swiss company and have indeed been ordered to cease their activities as it breaches data protection laws in more than one country.

[Jackath]

The point about disclosure of the technology and Logistep's unlawful processes should be enough, in writing, to deter Davenport Lyons from continuing their action no?

Lyons will have sent hundreds of these letters out and it will be the unlucky folk who are scared into paying up right away that they're targeting. With any reasonable retaliation i'm sure they'll desist. Im sure the last thing they want is to actually end up in court as we're all aware; their evidence and protocol is shabby to say the least

[crazybadger]

Morning all,

I’ve contacted a solicitor who deals with computer and IT law, they will be contacting me shortly to arrange a meeting I will try to get a better understanding of what’s going on, but I will only be able to speak with them if they offer an free interview. (I really can’t afford their legal fees at the mo).

Still it may prove t be useful

In the mean time I’m considering writing a letter back to Davenport similar to a few others; I don’t want it to drag on too long while I wait.

Has anyone got any tips as to what is the best terminology or wording to put in this letter?

I assume asking for more detailed information puts them off?

Anything else they would help to make them realise I wont be bullied?

Regards


Crazybadger

[Jackath]

I hope the solicitors can offer you some helpful advice, I think I'm going to try and seek the same help.

But yea, I can share with you the way I shall write my letter but you probably already the right idea..

- Ask for for lots more information - precise details and even more proof, pinpointing a PC on your network or something.

- Make your tone authoritative and confident that your willing to fight but without being rude and ****ing them off I guess

- Throw some of the the terminology they used back at them

- Perhaps, looks some stuff up if you need, and use some computing terms to argue against the claims and make their evidence unsupportive.

A friend of mine works in law, albeit in a different area, and he is also helping me piece together a letter so I will relay anything interesting he says

Good luck!