
Consumer rights firm points finger at publisher, accusing it of demanding payments from innocent web surfers
Leading consumer rights outfit Which? has claimed that Atari and law firm Davenport Lyons are wrongly accusing people of file-sharing titles, even when no evidence of the activity exists.
The BBC reports that a case was recently dropped against a Scottish couple accused of sharing PC title Race07, despite the fact the pair had “never played a computer game in their lives” and had not even heard of peer-to-peer networking. Atari and Davenport Lyons had originally demanded £500 compensation.
Michael Coyle of legal firm Lawdit claims to be currently investigating 70 cases of people who claim to have been wrongly accused of peer-to-peer piracy.
Proving liability in these cases is notoriously difficult. Even if it can be established that files were shared on a specific IP address, it is hard to prove that the owner of that PC is responsible – particularly as the number of unsecured wireless networks is on the up.
However, there have been successful prosecutions, such as that last August which saw a British woman ordered to pay £16,000 to Topware Interactive after illegally downloading a copy of Dream Pinball 3D. Davenport Lyons is heavily involved in this process, and is currently working with Atari and Codemasters.
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However, piracy remains a big problem, with high-profile hits such as Fallout 3, Far Cry 2 and Gears of War 2 being recent victims.
Comments
Dream Pinball 3D
How gutted must she have been forking out £16k cos she downloaded an illegal copy of a really basic little game...
Re: Dream Pinball 3D
She UPloaded it not downloaded it.
Re: Re: Dream Pinball 3D
The answer is simple sue the lawyers for defamation and complain to the Law Society and Trading Standards while about it. Being a "professional" does not allow you to demand money with menaces. As for the copyright owners, who needs their crap anyway.....
Re: Re: Re: Dream Pinball 3D
Doesn't suprise me these Lawyers have been up to no good all over europe & got their wrists slapped for it as well.
Re: Re: Re: Re: Dream Pinball 3D
Look, you have to break a few eggs to make an omlette. You piratey punks better fix up
Re: Re: Re: Re: Re: Dream Pinball 3D
@ 2
Was she the one who uploaded it so people could illegally download it? I dunno.
Re: Re: Re: Re: Re: Re: Dream Pinball 3D
Piracy Killed the C= Amiga iu wonder how long until the PC sector dies alongside it, and then everyone can say it was just "Evolution".
Please think before you pirate a game if you like it "BUY IT!"
Re: Re: Re: Re: Re: Re: Re: Dream Pinball 3D
@2: She downloaded it and uploaded it, this is the nature of file sharing. Every bit of data she downloaded becomes available for others to download from her (until she moves the file from her shared area). So, although she thought she was just downloading from bit torrent, she was actually convicted of uploading (or "making the game available for others to download")
Re: Re: Re: Re: Re: Re: Re: Re: Dream Pinball 3D
@7: Piracy didn't kill the Amiga, Medhi Ali did.
Re: Re: Re: Re: Re: Re: Re: Re: Re: Dream Pinball 3D
@ 1 the woman that was fined 16k did not pay a penny, she went back to poland her home country. These are just scare tactics to make people pay up innocent or guilty has nothing to do with it in DL's eyes they just want money. One big scam.
Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Dream Pinball 3D
How do you know the woman did not pay? I am pretty sure she would have to and they could enforce it against her, even IF she went back to Poland as it is an EU country. If she had property in Poland it would be enforced against it. Potentially, they could send the bailiffs in to recover what they can.
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