More Scammers Using Bogus Copyright Infringement Accusations To Get Their Way

from the it's-just-too-easy dept

Last Friday, we noted that scammers were picking up the success the entertainment industry was having with "pre-settlement" letters to accused file sharers, and using a similar tactic with phone calls, demanding money to avoid getting sued. We noted that it was only a matter of time until those scammers moved to email as well -- and, of course, it's already happened. TorrentFreak is reporting on how scammers are sending threatening letters pretending to be from MediaDefender, one of the firms who provides questionable evidence to the recording industry for its lawsuits. These emails include an attachment, which the email says is more data on what the recipient is accused of sharing on various sites -- but which is actually a virus. So it's not quite to the level of extorting money directly yet -- but that's likely only a matter of time, if it's not happening already.

Filed Under: copyright, infringement, pre-settlement letters, scammers, viruses

UK Lawyer Agrees To Represent Falsely Accused File Sharers For Free

from the good-for-him dept

With UK law firm Davenport Lyons ramping up its efforts to send out thousands of "pre-settlement" letters accusing folks of file sharing using flimsy evidence, it appears one lawyer wants to help those falsely accused for free. The Davenport Lyons system works in a pretty straightforward method: it makes use of evidence from Logistep, a company whose evidence is so flimsy it's been banned in other countries in Europe as illegal, and lawyers who have used its evidence have been banned from filing new cases. However, since the "pre-settlement" letters let you avoid a lawsuit for a small fee (less than it would cost to defend yourself in a lawsuit), many just pay up.

However, TorrentFreak has found a lawyer in the UK who also believes that this is unfair, and who is offering his firm's services for free to help those who have been falsely accused by Davenport Lyons. The offer is pretty specifically aimed at those who are falsely accused. He (reasonably so) doesn't seem interested in helping those who actually did infringe on copyrights, and he can only devote so much time and effort to such cases, so he may not be able to take all cases that come his way. However, for those who are falsely accused, who were afraid that it would cost more to fight than to settle, at least there's one potential option to fight back.

Filed Under: file sharing, pre-settlement letters, uk
Companies: davenport lyons

Woman Fined Nearly $30,000 For Sharing Pinball Game Software With Friends

from the punishment-fits-the-crime?!? dept

Last month we wrote about how the UK law firm Davenport Lyons had sued over 100 people for supposedly file sharing a silly pinball video game. As we noted, Davenport Lyons has been accused of some questionable practices, such as sending out threatening pre-settlement letters based on extremely faulty evidence from Logistep. Various other countries in Europe have sanctioned lawyers for relying on the same evidence that Davenport Lyons uses, and both Italy and Switzerland have said that Logistep's method of identifying file sharers is illegal -- but that hasn't stopped the firm from continuing its efforts.

And now it's announcing a victory. A woman that it sued has been fined about $30,000 for file sharing that same pinball game. Apparently, UK courts have no sense of making sure the punishment fits the crime. Everyone involved notes that the woman wasn't sharing the game for commercial purposes, but wanted a few friends to be able to play it as well. For that she now needs to pay $30,000?

Oddly, Davenport Lyons used this news to announce that it was suing 100 people for sharing this game... even though it had already announced that last month. Unfortunately, the reporter for the Daily Mail in the UK only takes Davenport Lyons' side of things. The report quotes a lawyer talking about all the evils and losses from file sharing, without any quotes from those who know those numbers are bogus -- and never once questioning why it's reasonable for someone sharing a simple cheap game with a few friends to be fined $30,000. The reporter mentions Logistep, but not the troubles it's faced in other countries (or the trouble lawyers who rely on its evidence have faced). It's time reporters stopped simply parroting this story, which is based on faulty premises, faulty numbers and faulty evidence.

Filed Under: downloads, file sharing, fines, pinball, pre-settlement letters, uk, uploads, video games
Companies: davenport lyons

UK Law Firm Tries Suing As Many People As Possible For File Sharing

from the is-there-a-guinness-record-on-this? dept

The UK law firm Davenport Lyons has made a name for itself in being incredibly aggressive in threatening and suing anyone that it suspects of being involved in file sharing, no matter how flimsy the evidence it has. In face, Davenport Lyons relies on the increasingly questionable evidence provided by the firm Logistep, whose evidence is so shaky that the company has been found to have broken the law in both Italy and Switzerland. And, oh yeah, another lawyer who relied on questionable Logistep evidence has been banned from practicing law in France for six months, after the Paris Bar realized that this questionable "evidence" was being used more for extortion-like "pre-settlement" letters that demand money to avoid getting taken to court.

However, that's not stopping Davenport Lyons, who has found the business to be so lucrative that it wants more people it can threaten. It's now suing over 100 people it believes shared a pinball video game. Once again, you can rest assured that this has little to do with the actual legal merits of the case, and quite a lot to do with simply trying to frighten as many people as possible into paying up on those "pre-settlement" letters. For example, there are numerous misstatements made by Davenport Lyons, including the false claim that these lawsuits are about downloading, rather than uploading. In fact, all the lawsuits are about whether or not someone uploaded the game -- but the lawyer notes: "There is no difference between stealing a DVD from a high street retailer and downloading it from a peer-to-peer network."

Of course, the lawyer is also wrong there. There is a tremendous difference between stealing a DVD from a retailer and downloading it from a P2P network: most notably that in the first case, something is missing and in the second it is not. That doesn't mean it's not infringing, but the two things are quite different. The same lawyer goes on to claim that video games can't continue being made if there is widespread file sharing -- despite evidence from some video game companies that embracing file sharing as a way to gain attention does wonders.

Reality, though, doesn't keep the money coming in. Expect plenty more lawsuits from Davenport Lyons, as the company claims that a recent legal decisions means ISPs need to start handing over names of suspected file sharers so it can send out its nastygrams in short order.

Filed Under: downloads, file sharing, pre-settlement letters, uploads, video games
Companies: davenport lyons

File Sharing Pre-Settlement Letters In Europe Get Lawyer Banned For Six Months

from the extortion-not-appreciated dept

Earlier this year, we wrote about how common it was becoming for companies to send out "pre-settlement" letters to people they haven't yet accused of a crime. While these are well-known for groups like the RIAA, they're also used by big retailers and were famously used by DirecTV against anyone it thought might have been stealing satellite TV. The letter basically demands an upfront payment to get the company not to sue. And, of course, the letter includes all sorts of threatening legalese about how going to court will be expensive and time consuming, suggesting that it's much easier to just pay up. While these "extortion-lite" letters in the US grow in popularity, it looks like folks in Europe aren't so willing to let them pass. A lawyer representing Logistep, a company that has recently run into trouble in both Italy and Switzerland for its tactics in trying to sniff out file sharers, has been banned from practicing law for six months by the Paris Bar Council. The lawyer had been sending out these types of letters demanding 400 euros not to sue, and the Paris Bar apparently felt this was rather problematic. Somehow I doubt we'll see the same sort of thing happen in the US any time soon.

Filed Under: file sharing, france, pre-settlement letters, threatening letters