London Lawyers Demand £600 For One Game 404
Barence writes "A PC Pro reader has received a demand for a £600 out-of-court settlement from lawyers claiming to have forensic evidence that he illegally downloaded a PC game on BitTorrent. The law firm, Davenport Lyons, is acting on the behalf of German games distributor Zuxxez, creator of the game in question, Two Worlds. The PC Pro reader was given no prior warning to stop file sharing, unlike the usual 'three strikes and you're out' approach adopted by the music industry. The reader says, 'To add insult to injury it [Davenport Lyons] didn't pay enough postage on the letter and I had to collect it from the sorting office at a cost of £1.30. This also used up most of the two weeks that it allowed for a response.'"
Failure on Postage? (Score:5, Insightful)
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Re:Failure on Postage? (Score:4, Insightful)
RIAA is suing a guy who's homeless. Where do you hook up a computer in a cardboard box?
Re:Failure on Postage? (Score:4, Informative)
Re:Failure on Postage? (Score:4, Funny)
Re:Failure on Postage? (Score:4, Interesting)
From my understand a legal document is only considered "legal" when it is signed, sealed and delivered (know this is true for contracts, think it is also applic with documents like this - inferred contract?). So since the letter didn't have enough postage, technically it wasn't delivered
So my gut feeling would be that the letter isn't legally binding. Would be fun to argue in court
Jaj
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Re:Failure on Postage? (Score:4, Insightful)
Comment removed (Score:4, Interesting)
Re:Failure on Postage? (Score:4, Interesting)
A similar trick I've personally seen used for a sheriff's sale, where a member of that sheriff's department wanted to ensure that he would be the only bidder present, and that the owner would be unable to redeem his property: Legal notice of sale has to be posted in a public place. So... the legal notice was posted on a building at the fairgrounds. Which are technically "public" but in fact were locked and inaccessable for the whole notification period.
Re:Failure on Postage? (Score:5, Funny)
"'...You hadn't exactly gone out of your way to call attention to them had you? I mean like actually telling anyone or anything.'
'But the plans were on display...'
'On display? I eventually had to go down to the cellar to find them.'
'That's the display department.'
'With a torch.'
'Ah, well the lights had probably gone.'
'So had the stairs.'
'But look you found the notice didn't you?'
'Yes,' said Arthur, 'yes I did. It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying "Beware of The Leopard".'"
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They increase his score almost, but not entirely, exactly unlike a +1.
Re:Failure on Postage? (Score:4, Insightful)
Re:Failure on Postage? (Score:5, Informative)
1. The lawyer, at least according to the summary, is from London. He's not posting from overseas.
2. This "recent change" was well over a year ago.
3. The lawyer is a lawyer. (Well, in UK terms a solicitor, but it amounts to the same thing). They send things of varying size by post all the time. The idea that they're not aware of the rules regarding how much postage has to be paid is for all practical purposes unthinkable. If they are aware, they intentionally screwed up so they're malicious. If they're not aware, that means they don't know how much they have to pay to post any given set of documents. Seeing as these rules have been in place for some time and a large chunk of their job involves posting documents, I think it's fair to describe such ignorance as constituting incompetence.
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I would call that horribly ineffective service. I hope the court would agree. You should never pay to know you're sued ;)
I would call it bloody brilliant by the villains in this story. Give the guy 2 weeks to reply, but make sure it takes him 2 weeks to even get the info? Perfect!
The only way it could be better is if he had to admit guilt to even get the lawsuit information -- but hey, lets face it, not everyone can be as efficient as the US Government.
Two Worlds (Score:2)
Hmm (Score:4, Funny)
rm -rf
There, I should be safe now.
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Never mind that using "rm" to delete all of the downloaded files has bought you almost zero protection.
Tell them this (Score:4, Funny)
Re:Tell them this (Score:5, Insightful)
Re:Tell them this (Score:5, Interesting)
I have pirated games to try them, and if they are good, I buy them. Usually multiple copies for myself and my friends. (We have weekly lan parties, and I supply the extra systems for new people)
I'm not about to buy 4 copies of a game, and have my friends buy copies, just to discover that the multiplayer sucks horribly.
As a matter of fact, I purchased a game just a few weeks ago that played great up until we hit 3 players on the network, then the game bogged down and lagged itself to death. Fortunately, I had only purchased the one copy, and no-cd cracked it on the other systems for testing.
Software retailers don't take games back. I'm not gambling $100+ on something that I can easily test out first.
Re:Tell them this (Score:4, Insightful)
Re:Tell them this (Score:5, Interesting)
For the lawyers out there, Is there any kind of requirement to allow for a return of an untestable product if it proves unsatisfactory? Honest game reviews are only written by consumers and are often overrun by paid reviews and marketing postings in "Consumer Review" listings, so a worthless product is quite difficult to detect and as the parent post points out "software retailers don't take games back." Is there a way to demand a refund from a software company in exchange for invalidating our license?(which we don't need because the software isn't worth using)
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That's a bad analogy, because if you took a Ferrari then the previous owner wouldn't have it anymore. Now, if you could replicate the Ferrari a la Star Trek, the situation would be entirely different, and the ethics of it would be much less clear-cut.
Re:Tell them this (Score:4, Insightful)
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A better comparison would be money itself. I don't really need any Pesos, so I don't buy any on the foreign exchange. If I come across an unsecured account online, I can't just transfer some of it over to my own name, no matter how worthless it is. I also can't launder my own (although money laundering another country's money is a bit of a legal grey area I guess).
Hard currency is one of those t
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Tell Zuxxes: Zuxxez to be you
Perhaps they're doing this because it's the only way they'll make any money, since the game itself is a flop?
Of course, if the game is a massive flop, they can't really claim much in the way of real damages ... since it obviously has no value.
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Here's your warning: (Score:4, Insightful)
Re:Here's your warning: (Score:5, Insightful)
Re:Here's your warning: (Score:4, Interesting)
Your honor, the gloves clearly dont fit! [guardian.co.uk] Putting the defendant in charge of evidence usually produces the same results.
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Do not make the mistake of assuming that someone's guilty just because they receive a letter from a lawyer. The guy hasn't even been sued yet - not that it would be evidence of his guilt if he were, of course, since as we all know, even homeless people who have never owned a computer at all have been dragged into court over alleged illegal distribution of music.
At the same time, this also shows that even when you don't do anything illegal, you won't be safe from litigatio
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As to the "AA's", evil as they are, I've not heard them challenge resellin
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Piracy is a drop in the bucket compared to the legal 2nd hand market. Gamestop's percentage of revenue from used products was 32% last year, with 44% of its overall profit coming from there.
Publishers would love to get their hands on that market - even if it is not the same market as the new market.
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Earlier today I was looking at albums by a certain duo (who will remain anonymous here, it's not relevant to the post) and ended up flabbergasted by the prices. £15-20 each! If I wanted all ten that are available, I'd be talking £150-200, which is easily my entire bank account right now. But within minutes on a torrent search engine, I found all ten in a single torrent with some seeders online. What the hell do you expect me to do?
I want to support them, I really do, and I'll probably buy whic
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Re:Here's your warning: (Score:5, Insightful)
I don't have to do that with the latest PC game.
Might give the studio owner an ulcer because his sense of control is offended but that's about it...
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This is just looking at the "it will cost you" argument, I'm not making any comment on the ethics.
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It's an expensive offence to commit
Interesting. I had the opposite reaction.
A £600 fine? That's nothing! Think about the probability of being caught. If you look at the number of users on a typical torrent site (tens of thousands for a popular file), and the number of torrent sites (dozens)... and then compare that to the number of cases actually being brought against suspected infringers... Well, the probability of being accused is quite low.
That low probability multiplied by a ~$1,000 fine is, really, not much (certainly much
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My (smallish) town has 2 shops plus there's Ebay, charity shops, boot fairs etc.
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Ebay?
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Trodo if it is still around.
For THAT!? (Score:3, Informative)
They whined that it was improperly compared to Oblivion. If it wasn't for those comparisons, no one would have even cared about their piece of shit game in the first place. So since they care more about punishing the few people that download the game (or not; we don't know what these "forensics" are) a lot more than making a game that doesn't suck, they can fuck off.
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compared in what way, bug count? Cause I find it hard to believe it had more bugs then Oblivion!
This is where you say... (Score:3, Funny)
Sorting office (Score:5, Funny)
Damn, I didn't realize the lines there were that bad.
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How does he know it's not a scam? (Score:3, Interesting)
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If you do that, then that proves that you got the letter.
These particular guys are a joke. If you were really sent a "give us money or we're going to court", you can be damn sure that it'll go via courier or special delivery. They're not going to drop it in the mail and hope.
This is mail-and-pray. People who get these letters should just drop them in the bin and forget about them.
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Worthless (Score:5, Informative)
Eh? (Score:4, Interesting)
I don't see how that works at all, surely the most he should be liable for is the £40 the game could cost? Or better yet, the £10 or whatever it is that the DEVELOPERS lost out on?
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What proof (Score:5, Informative)
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You really shouldn't be downloading illegal stuff anymore.
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To add even more to the injury... (Score:2, Interesting)
8.18 for the ISP for my personal information? I'd be insulted.
Why pay to get the letter? (Score:4, Interesting)
So? (Score:3, Insightful)
Dont forget to recycle that paper! (Score:5, Interesting)
Seriously, anyone can send you any letter they want. There is no requirement for it to be based on truth.
I received one of these demand letters [demystify.info] a few months back. In it, a commercial company was demanding that I turn over domain names that I owned legally, to them because of claims of trademark infringement. Nevermind that the domains didnt point to a website that actually sold any commercial product or service of any kind to base a claim of trademark upon. The company that sent the letter was Caton Commercial [willcounty...tcourt.com]
After talking with a handful of lawyers to see what my rights were, it basically boiled down to all of them telling me what I told you in the first sentence.
"All you have there is an angry letter from people who sent it to you because they themselves know that a court of law would not uphold their claims, and are hoping for you to make a decision in their benefit because you are scared."
Me personally, I just ignored the letter and plan to let the domains expire since they are worthless to me in the first place. If this company is so interested in the domains, they can buy them with their own money. I sure dont plan to give them away for free as the letter demanded.
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OTH it might be amusing to send them a bill for the balance on the postage. I never would pay to receive a letter.
This thing was sent from one country to another, anyone who has sent important documents to another country knows yo
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Of course, if you just let them expire, chances are they'll be snapped up by some squatter, and then they'll never get 'em
"Demanding money with menace" (Score:4, Interesting)
Is the company name misspelled ? (Score:2)
Yeah, I'll get mi coat.
From TFA (Score:5, Interesting)
Hear that? Sounds like a bucket full of water being thrown around?
That's the sound of his ISP shitting their pants, as they're being sued for breach of the DPA for providing personally identifiable information to a third party without prior permission or court order.
If this guy hasn't already, he needs to go talk to CAB and get legal representation.
This case could help a lot of people out in the UK beat these strong-arm extortion tactics.
That Really Zuxxez (Score:4, Funny)
Another link... (Score:3, Insightful)
and
http://www.reghardware.co.uk/2007/03/28/uk_share_hunt/ [reghardware.co.uk]
The interesting bit is "In relation to your claim that your computer was hacked into, we regret that the security of your computer is not our concern. It is your responsibility to ensure that your computer is protected at all times."
WTF!! Does that mean if someone is stabbed on the street then it's the victims fault that (s)he wasn't wearing a stab-proof vest? Or do we sue car manufactorers for making cars that can go faster than the national speed limits (aiding and abeting a crime)? Or if someone steals your credit cards and uses them then it's your fault for not keeping them secure?!!??
Where do you draw the line?
Jaj
Price to buy the game? (Score:2)
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seriously though in the UK it goes for 19.99 pounds. and is avaiable for preorder only. They want $49.99 for the boxed version and $39.99 for the download version in the USA.
Re:Slashdot.co.uk? (Score:5, Informative)
The current exchange rate is almost US$2 per 1 british pound. At the current exchange rate [google.com], it'd be $1158.
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Re:Slashdot.co.uk? (Score:5, Informative)
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Exchange rate vs. Purchasing power parity (Score:3, Informative)
True, based on current exchange rates, £600 = US$1,168. No wait, $1,173...uh, $1,195. Whoops - now $1,225.
But for a Londonder, £600 today is basically the same as £600 two months ago, or from now. £600 hasn't 'gone up' for THEM, only for people wanting to use US$ to pay that £600.
This illustrates Purchasing Power Parity [wikipedia.org], a concept that is similar to foreign currency exchange, but that looks at the long-term relative purchasing power of a currency.
Not "how many Pounds
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Who modded the parent informative?
As of one minute ago, 600GBP = 1173.03USD.
As an Englishman, I also ought to point out that we seem to manage dividing by two when we see prices in dollars, so I don't see why Americans need to moan when the occasional thing is priced in Sterling.
Re:Slashdot.co.uk? (Score:4, Insightful)
Re:Slashdot.co.uk? (Score:5, Funny)
Mod me down please (Score:3, Funny)
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Comment removed (Score:5, Insightful)
Re:Slashdot.co.uk? (Score:4, Insightful)
No, your argument is bullshit.
On the contrary, property is the natural consequence of the physical fact that two people can't use the same tangible artifact at the same time. This is exactly the opposite of so-called "intellectual property," which not only naturally duplicates itself and is almost impossible to prevent from duplicating itself, but also only becomes valuable as a consequence of the duplication itself! (For example, would Shakespeare's plays have had any value whatsoever if he had never communicated them to anybody else? No!)
In other words, real property is based on, and compatible with, physical reality. "Intellectual property" is based on lawyers' imaginations and is incompatible with physical reality.
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The problem with your logic is that it presumes that for intellectual property to exist, it MUST mirror real property; and that because the foundation of the concept does not mirror, it invalidates the concept of IP.
There is no logical reason (though there are philosophical ones) why we can't have an IP social contract in addition to a RP social contract; furthermore, we can say that due to the fundamental differences
Re:Slashdot.co.uk? (Score:4, Interesting)
Pet peeve of mine that 'social contract" theory... see, contracts have to be voluntarily entered by all parties, and last I checked, we're all held to social contracts whether we want to or not. Even for those of us happy to "sign", the social contract is being changed unilaterally, which with normal contracts is something that is almost never permitted. Point being, I doubt Hobbes, Locke, or any of the social contract canon philosophers would actually support your assertion that current copyright law is valid within that frame.
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U.S. Constitution, Article 1, Section 1, Clause 8:
Note the bold part. That's the thing that Congress is given authorization to do: "promote progress." Not to compensate creators for their effort due to some kind of moral obligation, and certainly not to obstruct progress by preventing people from building on previous works! Now, see th
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However, I don't think your analysis is correct. The copyright clause is, as you cite, part of section 8. Section 8 enumerates the powers of congress. The text you managed to find (the copyright clause) clearly allows congress to "Secure for limited times to authors and inventors the exclusive right to their respective writings and discoveries." There is very little to interpret
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Or maybe you have shit for brains (what would I know?).
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