Atari Backs Away From Davenport Lyons, As More Innocent Threat Letters Are Uncovered

Thu, Oct 30th 2008 6:54am

Filed Under:
file sharing, pre-settlement letters, uk

Companies:
atari, davenport lyons

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UK Lawyers Video Game Piracy Shakedown Catching Plenty Of Innocent Bystanders

from the this-is-what-we-call-a-shakedown dept

Last time we checked in with UK law firm Davenport Lyons, they were trying to set up a shakedown process where they threatened to sue as many people as possible for allegedly sharing a video game. Despite some lofty talk by Davenport Lyons, it was quite clear from the beginning that this never had anything to do with copyright. It was just a straight up shakedown. The firm would send threatening letters claiming that it had evidence (even if it did not) and then demand a settlement fee be paid to avoid an actual lawsuit. It's difficult to see how or why that should be legal.

The firm was aided in its quest by drastically exaggerating a legal "win" in one of these cases. The win was because it was a default judgment. The woman that was accused of file sharing did not show up in court, and the court had no choice but to rule against her. Yet, to hear Davenport Lyons tell it, you might be lead to believe that a full blown court case occurred, with a full defense of the actions, and the woman lost.

A lawyer in the UK who was disgusted by this practice, Michael Coyle, has offered to defend as many innocent recipients of the shakedown letter as possible, and now the press is reporting he's already pursuing seventy cases of innocent people being falsely accused (and has heard from hundreds more). The article profiles one such case, where a couple (aged 54 and 66) were accused of sharing a car racing game. The only problem? They have no video games on their computer, nor any file sharing software (and they didn't even know what it was until they got the threatening letter).

Even more ridiculous? They wrote to Davenport Lyons three times without any response. It was only once a magazine picked up their story that Davenport Lyons and Atari dropped the threat. It's about time that the press shines a light on these practices, which clearly have little to do with protecting the rights of copyright holders, and plenty to do with a new, highly questionable, revenue stream that some might call "extortion."

Scams

Wed, Sep 10th 2008 1:16am

Filed Under:
copyright, infringement, pre-settlement letters, scammers, viruses

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More Scammers Using Bogus Copyright Infringement Accusations To Get Their Way

from the it's-just-too-easy dept

Last Friday, we noted that scammers were picking up the success the entertainment industry was having with "pre-settlement" letters to accused file sharers, and using a similar tactic with phone calls, demanding money to avoid getting sued. We noted that it was only a matter of time until those scammers moved to email as well -- and, of course, it's already happened. TorrentFreak is reporting on how scammers are sending threatening letters pretending to be from MediaDefender, one of the firms who provides questionable evidence to the recording industry for its lawsuits. These emails include an attachment, which the email says is more data on what the recipient is accused of sharing on various sites -- but which is actually a virus. So it's not quite to the level of extorting money directly yet -- but that's likely only a matter of time, if it's not happening already.

Tue, Aug 26th 2008 7:46pm

Filed Under:
file sharing, pre-settlement letters, uk

Companies:
davenport lyons

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UK Lawyer Agrees To Represent Falsely Accused File Sharers For Free

from the good-for-him dept

With UK law firm Davenport Lyons ramping up its efforts to send out thousands of "pre-settlement" letters accusing folks of file sharing using flimsy evidence, it appears one lawyer wants to help those falsely accused for free. The Davenport Lyons system works in a pretty straightforward method: it makes use of evidence from Logistep, a company whose evidence is so flimsy it's been banned in other countries in Europe as illegal, and lawyers who have used its evidence have been banned from filing new cases. However, since the "pre-settlement" letters let you avoid a lawsuit for a small fee (less than it would cost to defend yourself in a lawsuit), many just pay up.

However, TorrentFreak has found a lawyer in the UK who also believes that this is unfair, and who is offering his firm's services for free to help those who have been falsely accused by Davenport Lyons. The offer is pretty specifically aimed at those who are falsely accused. He (reasonably so) doesn't seem interested in helping those who actually did infringe on copyrights, and he can only devote so much time and effort to such cases, so he may not be able to take all cases that come his way. However, for those who are falsely accused, who were afraid that it would cost more to fight than to settle, at least there's one potential option to fight back.

News You Could Do Without

Wed, Aug 20th 2008 8:57am

Filed Under:
downloads, file sharing, fines, pinball, pre-settlement letters, uk, uploads, video games

Companies:
davenport lyons

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Woman Fined Nearly $30,000 For Sharing Pinball Game Software With Friends

from the punishment-fits-the-crime?!? dept

Last month we wrote about how the UK law firm Davenport Lyons had sued over 100 people for supposedly file sharing a silly pinball video game. As we noted, Davenport Lyons has been accused of some questionable practices, such as sending out threatening pre-settlement letters based on extremely faulty evidence from Logistep. Various other countries in Europe have sanctioned lawyers for relying on the same evidence that Davenport Lyons uses, and both Italy and Switzerland have said that Logistep's method of identifying file sharers is illegal -- but that hasn't stopped the firm from continuing its efforts.

And now it's announcing a victory. A woman that it sued has been fined about $30,000 for file sharing that same pinball game. Apparently, UK courts have no sense of making sure the punishment fits the crime. Everyone involved notes that the woman wasn't sharing the game for commercial purposes, but wanted a few friends to be able to play it as well. For that she now needs to pay $30,000?

Oddly, Davenport Lyons used this news to announce that it was suing 100 people for sharing this game... even though it had already announced that last month. Unfortunately, the reporter for the Daily Mail in the UK only takes Davenport Lyons' side of things. The report quotes a lawyer talking about all the evils and losses from file sharing, without any quotes from those who know those numbers are bogus -- and never once questioning why it's reasonable for someone sharing a simple cheap game with a few friends to be fined $30,000. The reporter mentions Logistep, but not the troubles it's faced in other countries (or the trouble lawyers who rely on its evidence have faced). It's time reporters stopped simply parroting this story, which is based on faulty premises, faulty numbers and faulty evidence.

Tue, Jul 15th 2008 9:13am

Filed Under:
downloads, file sharing, pre-settlement letters, uploads, video games

Companies:
davenport lyons

18 Comments | Leave a Comment..

UK Law Firm Tries Suing As Many People As Possible For File Sharing

from the is-there-a-guinness-record-on-this? dept

The UK law firm Davenport Lyons has made a name for itself in being incredibly aggressive in threatening and suing anyone that it suspects of being involved in file sharing, no matter how flimsy the evidence it has. In face, Davenport Lyons relies on the increasingly questionable evidence provided by the firm Logistep, whose evidence is so shaky that the company has been found to have broken the law in both Italy and Switzerland. And, oh yeah, another lawyer who relied on questionable Logistep evidence has been banned from practicing law in France for six months, after the Paris Bar realized that this questionable "evidence" was being used more for extortion-like "pre-settlement" letters that demand money to avoid getting taken to court.

However, that's not stopping Davenport Lyons, who has found the business to be so lucrative that it wants more people it can threaten. It's now suing over 100 people it believes shared a pinball video game. Once again, you can rest assured that this has little to do with the actual legal merits of the case, and quite a lot to do with simply trying to frighten as many people as possible into paying up on those "pre-settlement" letters. For example, there are numerous misstatements made by Davenport Lyons, including the false claim that these lawsuits are about downloading, rather than uploading. In fact, all the lawsuits are about whether or not someone uploaded the game -- but the lawyer notes: "There is no difference between stealing a DVD from a high street retailer and downloading it from a peer-to-peer network."

Of course, the lawyer is also wrong there. There is a tremendous difference between stealing a DVD from a retailer and downloading it from a P2P network: most notably that in the first case, something is missing and in the second it is not. That doesn't mean it's not infringing, but the two things are quite different. The same lawyer goes on to claim that video games can't continue being made if there is widespread file sharing -- despite evidence from some video game companies that embracing file sharing as a way to gain attention does wonders.

Reality, though, doesn't keep the money coming in. Expect plenty more lawsuits from Davenport Lyons, as the company claims that a recent legal decisions means ISPs need to start handing over names of suspected file sharers so it can send out its nastygrams in short order.

Mon, Apr 7th 2008 10:02pm

Filed Under:
file sharing, france, pre-settlement letters, threatening letters