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WinMX World :: Forum  |  Discussion  |  WinMx World News  |  Elderly Couple Accused Of Downloading Gay German Porn

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Offline GhostShip

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Elderly Couple Accused Of Downloading Gay German Porn
« on: December 01, 2008, 11:20:02 pm »
I was only posting a week or so ago that it was not going to be long before we saw more extortion attempts by the legal low-lives Davenport Lyons, a UK based "legal" company
Once again doubt cast on the identification methods deployed by law firm Davenport Lyons be on behalf of copyright holders.
Now, in a 20-page settlement later mailed to a Hertfordshire couple in their 60s, two more elderly people have been seemingly falsely accused of illegal file-sharing, this time for a German porno movie titled "Army F****rs." The law firm is demanding £503 ($773 USD) in compensation. The couple is rightly upset and even offended by the allegations.
"We were offended by the title of the film," they told Guardian Money. "We don't do porn - straight or gay - and we can't do downloads.

Guardian Money asked Davenport lyons for a response. It replied: "We cannot comment on individual cases. We represent clients who own valuable rights in copyright material and are legally entitled to protect and enforce such rights against any unlawful infringement. The material was not put on a file-sharing site by our clients.

The problem with davenport Lyons stating their clients did not put the file on the tracker are that proof exists that they did as uncovered by torrentfreak.

To achieve the purpose outlined in clause 1, LICENSOR grants DIGIPROTECT the exclusive right to make the movies listed in Appendix 1 worldwide available to the public via remote computer networks, so-called peer-2-peer and internet file sharing networks such as e-Donkey, Kazaa, Bitorrent, etc. for the duration of this agreement

This is a small portion of a leaked contract that shows clearly this is a set up system to entrap folks into downloading a torrent and then face extortion for uploading it as you must do using the bit torrent protocol. The "evidence" of uploading is provided by a non EU licenced company and thus is legally worthless and criminally liable if it was reported to the police as a breach of the data protection act, thus far up to 4 folks have lost a case because they did not turn up in court thus leading Davenport Lyons to make claims of courts finding in their favour, this is always the case when the other side does not turn up to contest the case, even a junior lawyer could have these frivolous cases thrown out of court.

I wonder what the courts will make of the fact the "licensed copyright owner" was seeding the film to bit torrent users, I can see that point alone delivering a death blow to any compensation claims.

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