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Old 10-12-08, 10:00 PM   #52
timwilky
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Default Re: Unencrypted modems - beware

It is also worthwhile exploring this is a civil case and therefore they can ask for damages to the value of their loss, we do not allow punitive damages. therefore had the download actually happened the loss would be about £30 (guessing that is the price of a quality porn film, others may be able to advise a more accurate cost).

Therefore, they will use the nature of torrents to claim you were uploading it to others. They even suggest at times stupid amounts of upload that are impossible unless done over several days, and fail to recognise the throttling the user may have on any torrent tools if they have such tools. By claiming you are distributing the copyright material they are able to exaggerate the loss and increase the claimed damages.

They are now trying to scare people with reports of their successful court awards against so called P2P pirates. However, DL have only ever won undefended claims by default. there was a recent I think £16,000 award against on of these. Again it was by default.

Many who have had these letters seek legal advice, unfortunately the wisdom amongst the ignorant legal fraternity is that it is easier/cheaper to pay up than to defend. Ignorant in that they have no knowledge as to this scam and think it is a indignant copyright owner seeking redress against somebody who they allege has pirated their material. Not that it is the victim of a legal scam, that there is no proof, simply the weight of a name/address in mayfair of a group of slick lawyers using dubious practices
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