Reading the Metro this morning on my way to work – hey, it’s free – I came across an interesting article regarding our old friends Davenport Lyons. It seems that the lawyers have backed down in the case of at least one couple accused of illegally sharing an Atari computer game – in this case, Race ’07.
Ken and Gill Murdoch received the usual “give us £500 or we’ll sue” extortion-style letter from the firm but denied any wrongdoing, claiming that – and forgive me for quoting direct here – “their internet IP address may have been hijacked by illegal downloaders.” No, seriously – that’s what the article says.
Although Davenport Lyons has since dropped the case, it took the intervention of Which? Computing magazine on the Murdoch’s behalf to get them to do so. Sarah Kidner, editor of the magazine, decried the “heavy-handed tactics” employed by the firm but then shot herself in the foot by saying that “consumers need to be aware of the dangers of having their computer address copied by hackers” – again, I’m not making this up. The editor of a computing magazine, for chrissakes.
Lazy tabloid journalism aside, the article should at least offer hope that Davenport Lyons really don’t have the balls to back up their claims of copyright infringement – as I’ve said all along.
if they ignore your SAR REQUEST THEN THROW SOMETHING LIKE THIS TO THEM…THEY ETHEN HAVE TO RESPOND IN FULL ALL INFORMATION THEY HAVE
@Gareth – RE: (DAVENPORT LYONS ) V (C XXXXXXX) CASE NO:
CPR 31.14 REQUEST
I AM IN RECEIPT OF YOUR REPLY DATED
(????????????????????????).
PLEASE TREAT THIS LETTER AS MY REQUEST MADE UNDER CPR 31.14 FOR THE DISCLOSURE AND THE PRODUCTION OF A VERIFIED AND LEGIBLE COPIES OF EACH IMPLIED DOWNLOAD FROM THE SYSTEM OF ANTI-PIRACY TRACKING COMPANY LOGISTEP AND ANY SUCH NOTICE DELIVERED TO THE DEFENDANTS AND MENTIONED IN YOUR REPLY.
YOU MUST COMPLY WITH THIS REQUEST NOTWITHSTANDING if THE CASE HAS BEEN ALLOCATED TO THE SMALL CLAIMS TRACK SINCE THE IMPLIED DOWNLOAD IS AN INTEGRAL FEATURE OF BOTH YOUR CASE AND MINE. YOU MUST ENSURE THAT THE IMPLIED DOWNLOAD INFORMATION FROM THE ANTI-PIRACY TRACKING COMPANY LOGISTEP
I HAVE REQUESTED ARE COPIED TO AND RECEIVED BY ME WITHIN 7 DAYS OF RECEIVING THIS LETTER. SINCE I MAINTAIN I HAVE NOT RECEIVED
ANY WARNINGS AS SUCH OF YOUR IMPLIED DOWNLOADS , YOUR CPR 31 DUTIES EXTEND TO MAKING A REASONABLE AND PROPORTIONATE SEARCH FOR THE ORIGINAL IMPLIED DOWNLOADs , THE BETTER FOR YOU TO BE ABLE TO VERIFY YOUR CASE AND MINE AND THE AUTHENTICITY OF THE NOTICES. FURTHER, IF YOU POSSESS ONLY A COPY OF THE IMPLIED DOWNLOAD , THE ORIGINAL OF WHICH IS NOW IN THE POSSESSION OF A NON-PARTY, YOU WILL HAVE A RIGHT TO POSSESSION OF THAT ORIGINAL AND YOU MUST TAKE IMMEDIATE STEPS TO RECOVER AND PRESERVE IT FOR THE PURPOSE OF THIS CASE.
WHERE THERE IS IN YOUR POSSESSION MORE THAN ONE VERSION OF EITHER OF THE IMPLIED DOWNLOAD OWING TO A MODIFICATION, OBLITERATION OR OTHER MARKING OR FEATURE, EACH VERSION WILL BE A SEPARATE ITEM
AND YOU MUST PROVIDE A COPY OF EACH VERSION TO ME. YOUR OBLIGATIONS EXTEND TO MAKING A REASONABLE AND PROPORTIONATE SEARCH FOR ANY VERSION(S) TO INCLUDE AN OBLIGATION TO RECOVER AND PRESERVE SUCH INFORMATIONS OR VERSION(S) WHICH ARE NOW IN THE POSSESSION OF A THIRD PARTY SUCH AS THE ANTI-PIRACY TRACKING COMPANY LOGISTEP.OR ANY OTHER COMPANY
IN ACCORDANCE WITH CPR 31.15(C) I UNDERTAKE TO BE RESPONSIBLE FOR YOUR REASONABLE COPYING COSTS INCURRED IN COMPLYING WITH THIS CPR 31.14 REQUEST.
IF YOU REQUIRE MORE TIME IN WHICH TO COMPLY WITH THIS REQUEST YOU MUST TELL ME IN WRITING. YOU MUST TELL ME BEFORE THE TIME FOR COMPLIANCE WITH THIS REQUEST HAS EXPIRED. IN TELLING ME YOU REQUIRE MORE TIME YOU MUST TELL ME WHAT STEPS YOU HAVE TAKEN AND PROPOSE TO TAKE IN ORDER TO COMPLY WITH THIS REQUEST AND ALSO STATE A DATE BY WHEN YOU WILL COMPLY WITH THIS REQUEST.
IF YOU ARE UNABLE TO COMPLY WITH THIS REQUEST AND BELIEVE THAT YOU WILL NEVER BE ABLE TO COMPLY WITH THIS REQUEST YOU MUST TELL ME IN WRITING.
PLEASE NOTE THAT IF YOU SHOULD FAIL TO COMPLY WITH THIS REQUEST OR FAIL TO REQUEST MORE TIME, I WILL MAKE AN APPLICATION TO THE COURT FOR AN ORDER THAT THE PROCEEDINGS BE STRUCK OUT OR STAYED FOR NON-COMPLIANCE AND A SUMMARY COSTS ORDER.
I LOOK FORWARD TO HEARING FROM YOU.
YOURS FAITHFULLY
it need some modifications so anyone more legally annept may reassemble the cpr.31
but when all said and done they must now furnish all evidence on how this information was collected etc…..