I think I'm being sued...

Soldato
Joined
26 Feb 2007
Posts
14,115
Location
Leafy Cheshire
Err.. shut up?

If you're out and about, and you're looking for something to eat, and there's a McDonalds and a Fancy Restaurant, you can't just go into McDonalds, buy a big mac, say "this is rubbish and not healthy, I'm not paying" and then walk into the restaurant, have a decent meal then decide you're gonna pay for it because it was good.

Someone's made the game, and spent time and money on making the game, just because it's rubbish or you don't like it, doesn't mean you should get to play it for free.

Actually yes you can. Within reason (ie you cant eat the entire meal) you can excercise your right to only pay what you believe the meal was worth.

Just a few weeks ago we refused to pay for 2 of our 8 meals because they were disgusting.

Just because someone has spent time producing something doesn't make you obliged to invest in it.
 
Caporegime
Joined
30 Jun 2007
Posts
68,785
Location
Wales
If the letter wasn't sent recorded delivery then they have no prove of you receiving it. It similar to the TV licence letters we got last year in uni halls.

lol just ignore them, they say if you don't have a tv ring this premium rate number to arrange an inspection, if you ignore this letter we will send some one to inspect your room/house, either way it saves you money/time not responding.
 
Associate
Joined
7 Mar 2007
Posts
2,248
Location
Kent
Its a shame you have thrown away the letter, it would have been interesting to see who signed the letter. I deal with Lyons Davidson on a daily basis and from what I can recall their New Malden office is their Employment and Insurance Litigation Office so some what surprised that if this letter is genuine it has come out of that office.

I would suggest you ignore the letter and await any further contact, usually they will write more than once before taking this matter through the courts, and the second letter will most likely be by recorded delivery to ensure it is signed for and that it is being delivered to the intended target.

As for the cost of the claim, if this matter does go to court, and you were unsuccessful you will need to factor into the settlement figure the costs of not only the Lyons Davidson representative, but also your own defence lawyer should you choose to go represented.
 
Soldato
Joined
5 Feb 2004
Posts
3,411
Location
Stroud
It's a load of crap, in the bin, Lyons Davidson have been sending these letters out for ages now, yet haven't carried out a single prosecution.
Do you definitely mean Lyons Davidson? They're currently dealing with a motor claim of ours however I've not heard of them getting involved in this IP 'scam'. Davenport Lyons on the otherhand seem to be who most people get these letters from...
 
Capodecina
Soldato
Joined
1 Aug 2005
Posts
20,001
Location
Flatland
As for the cost of the claim, if this matter does go to court, and you were unsuccessful you will need to factor into the settlement figure the costs of not only the Lyons Davidson representative, but also your own defence lawyer should you choose to go represented.

Plus the fact that if you do go to court you'll lose and have to pay all the costs because you don't have a leg to stand on.

But yes, I'd ignore the letter and see if anything else comes through.
 
Caporegime
Joined
30 Jun 2007
Posts
68,785
Location
Wales
i don't think software such as peerguardian (if that's what you're hinting at) fully protect people.

As long as your not dling a torrent that (like this one probably has been) has been up loaded by a law firm with the sole intention of collecting ip's of people who dl it, then they work well enough.
 
Associate
Joined
10 Nov 2007
Posts
848
Location
South coast
arnt you legally allowed to download something if you own a hard copy of it?

cover your ass, buy the game, scratch the disk to toffee and swear blindly you were entitled to play the game you bought
 
Associate
Joined
10 May 2007
Posts
716
You're a broke student, there's far juicer targets for them to phish cash from. Even if they took you to court, file bankruptcy, no more student fees either? Isn't that the vogue thing these days anyway? (not that I agree with it..)

Tbh it sounds like it will become more common with the changes in laws regarding the "3 strikes" approach by ISP's. Hopefully there will be an influx in encrypted/VPN style p2p networks as a result.
 
Permabanned
Joined
29 Sep 2006
Posts
2,954
Maybe this is off the mark, but surely downloading something isn’t illegal – its actually then using it….. how can they track that?

i.e I could upload a torrent called ‘me eating kit kat’ – someone decides to d/l and watch it, the file is actually the film Semi Pro…… who is at fault here? A file name can be anything….. how do we ‘know’ what we are d/l ing…..

Pedantic maybe, but surely there is some sort of defence here?
 
Capodecina
Soldato
Joined
1 Aug 2005
Posts
20,001
Location
Flatland
Maybe this is off the mark, but surely downloading something isn’t illegal – its actually then using it….. how can they track that?

i.e I could upload a torrent called ‘me eating kit kat’ – someone decides to d/l and watch it, the file is actually the film Semi Pro…… who is at fault here? A file name can be anything….. how do we ‘know’ what we are d/l ing…..

Pedantic maybe, but surely there is some sort of defence here?

True, but in my experience 99.99% of files over the internet are tagged correctly. So it's a pretty small defence.
 
Soldato
Joined
5 Jul 2005
Posts
17,994
Location
Brighton
Err.. shut up?

If you're out and about, and you're looking for something to eat, and there's a McDonalds and a Fancy Restaurant, you can't just go into McDonalds, buy a big mac, say "this is rubbish and not healthy, I'm not paying" and then walk into the restaurant, have a decent meal then decide you're gonna pay for it because it was good.
.

Well actually, you can. If a meal isn't satisfactory you can refuse to pay.
 
Soldato
Joined
29 Mar 2007
Posts
5,762
I Hold my hands up and say i download constantly, But i always go out and buy a game i love as i dont like having a game i like and not having nothing to show for it, IE having the case and disk. Same as Films.

In the last 6 Months ive download about 1.5 Terra byte of Data, and i still havnt received a letter. and if thats not enough i dont know what is.

Mind you you say you used bit torrent, Thats a definite no go. i pay for mine.

Thing that i see wrong is when you sell the data, personal use i see fine, IE Marijuana :D.
 
Soldato
Joined
31 Jul 2006
Posts
10,276
Location
Belgium land of chocolate
I think you're example is flawed. If I go and buy some food, but after a bite or 2 I find it awful, I would expect a refund. The huge majority of restaurants/fast food places will give this. So you try it, it's not good, you don't pay for it.

Wrong!

Most restaurants would ask you if it was what you ordered if it was and was not over, under cooked, gone bad then they have no obligation to give you a refund just because you don't like the taste.
 
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