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	<title>Comments on: UK BitTorrent Users Under More Pressure From Lawyers</title>
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	<link>http://torrentfreak.com/uk-bittorrent-users-under-more-pressure-from-lawyers-080111/</link>
	<description>Breaking File-sharing, Copyright and Privacy News</description>
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		<title>By: loving DLs wives and daughters</title>
		<link>/uk-bittorrent-users-under-more-pressure-from-lawyers-080111/#comment-424271</link>
		<dc:creator><![CDATA[loving DLs wives and daughters]]></dc:creator>
		<pubDate>Thu, 19 Jun 2008 20:22:07 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/uk-bittorrent-users-under-more-pressure-from-lawyers-080111/#comment-424271</guid>
		<description><![CDATA[In addition to what I have written above it seems all they have is a list of names associated with IP addresses through which the alleged incidents occurred. In other words they can trace events as far as your broadband modem. What happened after that is anybody&#039;s guess including theirs. It is impossible for them to  prove the internal IP or MAC address of the PC which contains the files and also who owns or was operating the PC at the time of the alleged offence. They know this and that is why they are attempting to frighten people by claiming it is the bill payer&#039;s responsibility. I am unable to find anything to support this claim. 
If there is UK law regarding domestic wireless network security then surely your internet provider would need to make you aware of this when you subscribe. Providers may strongly recommend you do so to protect your personal data but in the case of my friends broadband provider, nothing they communicated to him stated it was a legal requirement.]]></description>
		<content:encoded><![CDATA[<p>In addition to what I have written above it seems all they have is a list of names associated with IP addresses through which the alleged incidents occurred. In other words they can trace events as far as your broadband modem. What happened after that is anybody&#8217;s guess including theirs. It is impossible for them to  prove the internal IP or MAC address of the PC which contains the files and also who owns or was operating the PC at the time of the alleged offence. They know this and that is why they are attempting to frighten people by claiming it is the bill payer&#8217;s responsibility. I am unable to find anything to support this claim.<br />
If there is UK law regarding domestic wireless network security then surely your internet provider would need to make you aware of this when you subscribe. Providers may strongly recommend you do so to protect your personal data but in the case of my friends broadband provider, nothing they communicated to him stated it was a legal requirement.</p>
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		<title>By: loving DLs wives and daughters</title>
		<link>/uk-bittorrent-users-under-more-pressure-from-lawyers-080111/#comment-424034</link>
		<dc:creator><![CDATA[loving DLs wives and daughters]]></dc:creator>
		<pubDate>Thu, 19 Jun 2008 13:05:24 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/uk-bittorrent-users-under-more-pressure-from-lawyers-080111/#comment-424034</guid>
		<description><![CDATA[I&#039;ve been dealing with a similar letter a friend received at one of his properties he hasn&#039;t lived in for some time. The &#039;evidence&#039; they have presented points to the bill payer and does not prove, in my opinion, that he was responsible. He wouldn&#039;t know how to use the damn thing even if he did live there.

The letter makes reference to sections of the Copyright, Designs and Patents Act 1988. It seems that they have embellished on what the Act actually says to add more crap-your-pants factor to the letter.
The problem I have with what DL have written (please be aware I am not a lawyer but have south some legal advice) is firstly how they have interpreted sections of the Act and secondly the inclusion of words in brackets which do not appear anywhere in the Act. In fact there is a section of the Act that contradicts their interpretation. 
Please excuse my vagueness.  I&#039;d love to publicly challenge their arguments but I would be very surprised if DL aren&#039;t monitoring these discussions regarding their &#039;work&#039; in order to mask the gaping holes in the next batch of letters. It would appear from earlier letters I&#039;ve seen they are now covering a lot more ground.

If law states it is the responsibility of the internet subscriber to secure the wireless network and they are liable for the wrong doing of others through that service (in the cases of network hijacking etc.) why is free public wi-fi so readily available? Have corporations such as Starbucks not done their homework? Is local government flouting the law by making the internet freely available in public libraries? I&#039;d say unlikely.
I suppose what I&#039;m trying to say is without DL knowing who actually carried out these alleged acts (as opposed to who subscribes to the internet service) how can they bring a case to court?]]></description>
		<content:encoded><![CDATA[<p>I&#8217;ve been dealing with a similar letter a friend received at one of his properties he hasn&#8217;t lived in for some time. The &#8216;evidence&#8217; they have presented points to the bill payer and does not prove, in my opinion, that he was responsible. He wouldn&#8217;t know how to use the damn thing even if he did live there.</p>
<p>The letter makes reference to sections of the Copyright, Designs and Patents Act 1988. It seems that they have embellished on what the Act actually says to add more crap-your-pants factor to the letter.<br />
The problem I have with what DL have written (please be aware I am not a lawyer but have south some legal advice) is firstly how they have interpreted sections of the Act and secondly the inclusion of words in brackets which do not appear anywhere in the Act. In fact there is a section of the Act that contradicts their interpretation.<br />
Please excuse my vagueness.  I&#8217;d love to publicly challenge their arguments but I would be very surprised if DL aren&#8217;t monitoring these discussions regarding their &#8216;work&#8217; in order to mask the gaping holes in the next batch of letters. It would appear from earlier letters I&#8217;ve seen they are now covering a lot more ground.</p>
<p>If law states it is the responsibility of the internet subscriber to secure the wireless network and they are liable for the wrong doing of others through that service (in the cases of network hijacking etc.) why is free public wi-fi so readily available? Have corporations such as Starbucks not done their homework? Is local government flouting the law by making the internet freely available in public libraries? I&#8217;d say unlikely.<br />
I suppose what I&#8217;m trying to say is without DL knowing who actually carried out these alleged acts (as opposed to who subscribes to the internet service) how can they bring a case to court?</p>
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		<title>By: scared2fcuk</title>
		<link>/uk-bittorrent-users-under-more-pressure-from-lawyers-080111/#comment-417841</link>
		<dc:creator><![CDATA[scared2fcuk]]></dc:creator>
		<pubDate>Fri, 13 Jun 2008 14:22:50 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/uk-bittorrent-users-under-more-pressure-from-lawyers-080111/#comment-417841</guid>
		<description><![CDATA[German court: P2P lawsuits are unconstitutional
06/12 2008 &#124; 03:23 PM
Posted by: Janko Roettgers
A German court has recently found that the evidence used in the country&#039;s tens of thousands of file sharing lawsuits is obtained in an unconstitutional way. The Frankenthal district court threw out a lawsuit against a defendant that was sued for sharing a video game on a file sharing network, according to heise.de.

The lawsuit was based on evidence obtained by the swiss Anti-piracy outlet Logistep, which provided rights holders with the IP address of the defendant. A law office working for the rights holder used the IP address to start a criminal complaint. Prosecutors requested the name of the defendant from a major German ISP and shared it with rights holders, who then started another civil lawsuit against the defendant - a controversial but common practice in Germany that has led to tens of thousands of lawsuits as well as completely overwhelmed prosecutors.

The court now found that the ISP wasn&#039;t allowed to give out the name of the defendant because file sharing doesn&#039;t count as a serious criminal offense. Handing over the name and address of the defendant violated his constitutional right to privacy. There is no common law in Germany, so this decision won&#039;t immediately affect other pending file sharing lawsuits, but it&#039;s quite possible that other defendants will get inspired by this decision to also try their luck in court, and that sooner or later we&#039;ll see one of those cases in front of the German Supreme Court.]]></description>
		<content:encoded><![CDATA[<p>German court: P2P lawsuits are unconstitutional<br />
06/12 2008 | 03:23 PM<br />
Posted by: Janko Roettgers<br />
A German court has recently found that the evidence used in the country&#8217;s tens of thousands of file sharing lawsuits is obtained in an unconstitutional way. The Frankenthal district court threw out a lawsuit against a defendant that was sued for sharing a video game on a file sharing network, according to heise.de.</p>
<p>The lawsuit was based on evidence obtained by the swiss Anti-piracy outlet Logistep, which provided rights holders with the IP address of the defendant. A law office working for the rights holder used the IP address to start a criminal complaint. Prosecutors requested the name of the defendant from a major German ISP and shared it with rights holders, who then started another civil lawsuit against the defendant &#8211; a controversial but common practice in Germany that has led to tens of thousands of lawsuits as well as completely overwhelmed prosecutors.</p>
<p>The court now found that the ISP wasn&#8217;t allowed to give out the name of the defendant because file sharing doesn&#8217;t count as a serious criminal offense. Handing over the name and address of the defendant violated his constitutional right to privacy. There is no common law in Germany, so this decision won&#8217;t immediately affect other pending file sharing lawsuits, but it&#8217;s quite possible that other defendants will get inspired by this decision to also try their luck in court, and that sooner or later we&#8217;ll see one of those cases in front of the German Supreme Court.</p>
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		<title>By: nlove94965</title>
		<link>/uk-bittorrent-users-under-more-pressure-from-lawyers-080111/#comment-413262</link>
		<dc:creator><![CDATA[nlove94965]]></dc:creator>
		<pubDate>Mon, 09 Jun 2008 09:25:08 +0000</pubDate>
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		<description><![CDATA[In another note to my last one, I also havent downloaded anything, never do, I think they just target people who they think wont fight back.]]></description>
		<content:encoded><![CDATA[<p>In another note to my last one, I also havent downloaded anything, never do, I think they just target people who they think wont fight back.</p>
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		<title>By: nlove94965</title>
		<link>/uk-bittorrent-users-under-more-pressure-from-lawyers-080111/#comment-413260</link>
		<dc:creator><![CDATA[nlove94965]]></dc:creator>
		<pubDate>Mon, 09 Jun 2008 09:22:30 +0000</pubDate>
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		<description><![CDATA[Today I heard from virgin media who confirmed that they had a court order forced upon them on which they had to release customer data relating to my i.p adress. I have had my 3rd letter now telling me that it will goto court unless I  pay up. I am seeing a lawyer next week so we shall see what he says. I shall sue the arse of davenport lyons for harassment and defamation or something and virgin media for breach of a confidential agreement and being wuss enough to give in. Personally I think they are all in it together as they know they can&#039;t stop file sharers...period.]]></description>
		<content:encoded><![CDATA[<p>Today I heard from virgin media who confirmed that they had a court order forced upon them on which they had to release customer data relating to my i.p adress. I have had my 3rd letter now telling me that it will goto court unless I  pay up. I am seeing a lawyer next week so we shall see what he says. I shall sue the arse of davenport lyons for harassment and defamation or something and virgin media for breach of a confidential agreement and being wuss enough to give in. Personally I think they are all in it together as they know they can&#8217;t stop file sharers&#8230;period.</p>
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		<title>By: Anonymous</title>
		<link>/uk-bittorrent-users-under-more-pressure-from-lawyers-080111/#comment-411933</link>
		<dc:creator><![CDATA[Anonymous]]></dc:creator>
		<pubDate>Sun, 08 Jun 2008 05:14:31 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/uk-bittorrent-users-under-more-pressure-from-lawyers-080111/#comment-411933</guid>
		<description><![CDATA[i too receive a second letter which i found rather odd considering the fact that according to other sources the way the company aquired our info,ip etc was infact illegal.
i too had decided to ignore the first because one i have never heard of two worlds, two the letter was not even addressed to me but the previous resident here many years ago.
so again anyone gone to court with this? and has anyone used the facts that they illgaly attenind our ip/info?]]></description>
		<content:encoded><![CDATA[<p>i too receive a second letter which i found rather odd considering the fact that according to other sources the way the company aquired our info,ip etc was infact illegal.<br />
i too had decided to ignore the first because one i have never heard of two worlds, two the letter was not even addressed to me but the previous resident here many years ago.<br />
so again anyone gone to court with this? and has anyone used the facts that they illgaly attenind our ip/info?</p>
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		<title>By: Freakzoid</title>
		<link>/uk-bittorrent-users-under-more-pressure-from-lawyers-080111/#comment-410864</link>
		<dc:creator><![CDATA[Freakzoid]]></dc:creator>
		<pubDate>Sat, 07 Jun 2008 03:56:07 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/uk-bittorrent-users-under-more-pressure-from-lawyers-080111/#comment-410864</guid>
		<description><![CDATA[Got a second letter!!!!WTF, even though i never received the 1st one, so this has come as a total shock to me, I cannot remember downloading this title ad have defiantly not got it on my pc.

I don&#039;t know what to do now, do I bury my head in the sand or pay the Â£758.72 which they are requesting

any advice will be appreciated]]></description>
		<content:encoded><![CDATA[<p>Got a second letter!!!!WTF, even though i never received the 1st one, so this has come as a total shock to me, I cannot remember downloading this title ad have defiantly not got it on my pc.</p>
<p>I don&#8217;t know what to do now, do I bury my head in the sand or pay the Â£758.72 which they are requesting</p>
<p>any advice will be appreciated</p>
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		<title>By: m1nnle</title>
		<link>/uk-bittorrent-users-under-more-pressure-from-lawyers-080111/#comment-409990</link>
		<dc:creator><![CDATA[m1nnle]]></dc:creator>
		<pubDate>Fri, 06 Jun 2008 09:18:26 +0000</pubDate>
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		<description><![CDATA[I have received my 3rd and final letter now, I am going to ignore it but i would like to know if DL have actually taken anyone to court and one, this is worrying me greatly as we are on a low income and cant afford to pay the fines,I dont really want the inconvenience of going to court but i am resigned to the fact that i will go if i have to as i dont want to part with my money for something i havnt done.]]></description>
		<content:encoded><![CDATA[<p>I have received my 3rd and final letter now, I am going to ignore it but i would like to know if DL have actually taken anyone to court and one, this is worrying me greatly as we are on a low income and cant afford to pay the fines,I dont really want the inconvenience of going to court but i am resigned to the fact that i will go if i have to as i dont want to part with my money for something i havnt done.</p>
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		<title>By: lolo</title>
		<link>/uk-bittorrent-users-under-more-pressure-from-lawyers-080111/#comment-407640</link>
		<dc:creator><![CDATA[lolo]]></dc:creator>
		<pubDate>Wed, 04 Jun 2008 12:29:20 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/uk-bittorrent-users-under-more-pressure-from-lawyers-080111/#comment-407640</guid>
		<description><![CDATA[Got my second letter today, going to ignore it as what people have said above is that they just can&#039;t claim this kind of money for the offense. 

But keep the advice coming its always welcomed :D]]></description>
		<content:encoded><![CDATA[<p>Got my second letter today, going to ignore it as what people have said above is that they just can&#8217;t claim this kind of money for the offense. </p>
<p>But keep the advice coming its always welcomed :D</p>
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		<title>By: Havok</title>
		<link>/uk-bittorrent-users-under-more-pressure-from-lawyers-080111/#comment-407570</link>
		<dc:creator><![CDATA[Havok]]></dc:creator>
		<pubDate>Wed, 04 Jun 2008 11:05:19 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/uk-bittorrent-users-under-more-pressure-from-lawyers-080111/#comment-407570</guid>
		<description><![CDATA[I got my second one today too after ignoring the 1st.  This one tells me that they&#039;re preparing court letters and anything i sent them now won&#039;t close the case - they also provide me with the forms to send em their money...

I&#039;m trying to stay calm, but am reading more and more reports telling people to reply to the letters.  If you dont then they can get a default win against you without you even having to go to court because it&#039;s a civil case and not a criminal.

Not too sure what to do about it to be honest.  My biggest concern is that they win by default, sell the debt to a collection agency who then send some thugs round to take the the TV...]]></description>
		<content:encoded><![CDATA[<p>I got my second one today too after ignoring the 1st.  This one tells me that they&#8217;re preparing court letters and anything i sent them now won&#8217;t close the case &#8211; they also provide me with the forms to send em their money&#8230;</p>
<p>I&#8217;m trying to stay calm, but am reading more and more reports telling people to reply to the letters.  If you dont then they can get a default win against you without you even having to go to court because it&#8217;s a civil case and not a criminal.</p>
<p>Not too sure what to do about it to be honest.  My biggest concern is that they win by default, sell the debt to a collection agency who then send some thugs round to take the the TV&#8230;</p>
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