Unencrypted modems - beware

Ed, I'd be interested in a little more detail, if you can spare it (via PM perhaps?).

The way torrents function, there is no "digitial signiture" in the torrent to identify who created it. I would imagine that your client was one of the first few seeds within the network. EDIT: Aledgedly.

Folks like the MPAA go about hunting pirates by joining the network themselves, which allows them to view a list of IPs in the current "cloud." Then it's up to a team of geeks to work out the ISP, and at least in the US, issue a subpena to the ISP to release the clients details (name, address etc) for the next stage of legal action. If torrents stored who created them, the job of the MPAA would be a hell of a lot easier.

Do you know if the coyright owner is chasing other people, or are the solely blaming your client for the initial seed?

As SoulKiss stated, I would of assumed that if the router is unprotected, and effectively publicly accessible, the copyright owner will have a hard time identifying the actual person that was in the "cloud." Perhaps there's a liability issue for not securiting the router, though your client could claim a lack of technical knowledge there - your area of expertise not mine.

FWIW, I was around at the dawn of the BitTorrent protocol, and was one of a few people that talked things over with Bram before torrents were born. I've also had a hand in writing a number of applications that use the BitTorrent protocol. So if you need to know specifics on how torrents work, just shout.

Oh, just another thought, are they accusing your client of being a Tracker (hosting an index of seeds/peers)?

[Bibio]

as baph has almost said... where did they get the details of said address from an ip address, to be able to send the letter to in the first place... and no offence but your client coming to you with said letter and getting you to represent him in court already admits liability.. or else why would he be so scared of the fact that he had to come and ask for your services.. most people would put it down to 'spam' mail... but saying that there are soooooo many people in this country that are gullible...

no i'm not a lawyer and i'm probably wrong.

[the_lone_wolf]

Originally Posted by Baph

Oh, just another thought, are they accusing your client of being a Tracker (hosting an index of seeds/peers)?

No, their MO is to get as many IPs from the swarm, get the persons details from their ISP and send out loads of letters so the few that respond and pay up profit them enough to cover the cost of the majority who ignore them or fight back

Originally Posted by the_lone_wolf

No, their MO is to get as many IPs from the swarm, get the persons details from their ISP and send out loads of letters so the few that respond and pay up profit them enough to cover the cost of the majority who ignore them or fight back

Quite an assumption there TLW. Or are you Ed's client?

[the_lone_wolf]

Originally Posted by Baph

Quite an assumption there TLW. Or are you Ed's client?

no they haven't cottoned onto my copy yet

Davenport Lyons are well known amongst the torrent community, they've been pulling this trick for years now and it's surprising that it's taken them this long to realise they can strongarm more payments by extortion

they also said explicitly about 3 months ago that they wouldn't be entering the adult entertainment rights market:

Originally Posted by Davenport Lyons on Aug 26

"Davenport Lyons has received instructions from DigiProtect to obtain disclosure orders on its behalf, given the firm's expertise in this area, but presently has no intention to take action against alleged infringers on behalf of companies in the field of adult entertainment."

but then they're a law firm so honesty probably isn't their forte - no offence ed

Again with the assumptions. No-one specified that it was Davenport Lyons involved.

Though that's who came to mind for me as well.

[the_lone_wolf]

Originally Posted by Baph

Again with the assumptions. No-one specified that it was Davenport Lyons involved.

you mean except for when ed confirmed it in post #19

Originally Posted by the_lone_wolf

you mean except for when ed confirmed it in post #19

Ah, see, thats what happens when I skim read threads.

[the_lone_wolf]

Originally Posted by Baph

Ah, see, thats what happens when I skim read threads.

although it didn't really need confirming, D.L seem to be about the only ambulance chasers pulling this kind of trick, i guessed it was them waaaay back in post #7

[SoulKiss]

UPDATE

Regulator to probe Davenport Lyons' P2P porn cash demands

Partial Quote

Originally Posted by The Register

Lawyers for the consumer rights lobby Which? have filed an official complaint to the body that regulates solicitors over Davenport Lyons' campaign of letters alleging illegal filesharing.

For several months Davenport Lyons has been sending letters to individuals accusing them of pirating videogames via peer-to-peer networks, and demanding £500 on behalf of rights holders. The London-based law firm recently branched out into threats on behalf of producers of hardcore gay porn.