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In the Media

article imageHigh Demands Placed On Couple For Downloaded Porn They Didn't Download

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KJ
By KJ Mullins
Nov 30, 2008 in Internet
By KJ Mullins.
What happens when you're billed for porn that was downloaded but not really? That's a question a Hertfordshire couple asked when they received a bill demanding 503 pounds or face a high court action for "copyright infringement."
The couple contacted Guardian Money when they got the bill.
"We were offended by the title of the film. We don't do porn - straight or gay - and we can't do downloads. We have to ask our son even to do an iTunes purchase."
The bill stems over the allegation that the couple downloaded the movie. They say not only have they not downloaded the 115 minute video they are offended that they are being accused of doing so.
They are not alone. More than an estimated 25,000 "pre-settlement" letters have landed in mailboxes. Torrentfreak, a bit torrent site, has seen an outcry on their forum message boards over this matter.
If all of the recipients of these settlement letters paid up the movie's producers would be raking in 12.5 million pounds. That would make it the most profitable porn film in history.
It's not the only porn video having settlement letters sent out for. Another German gay porn film with an even more offensive title is also trying to make money from"copyright infringement."
Michael Coyle, a media expert at Lawdit, is fighting for those who have received the letter from Davenport Lyons.
"Owners of films, music and computer games obviously have to protect their rights and prevent illegal copying, otherwise everyone would get all sorts of content for free.
"But many of these letters have been sent to people who have no idea what a download is. We've had straight pensioners complain, and a mother who had the shock of having to question her 14-year-old son about gay porn because he was the only apparent user of the internet connection that was registered to her."
It appears Davenport Lyons is demanding a service provider reveal the name and address of those with an internet connection. As it is easy to hijack a wireless router people are getting sent these letters when they have done nothing wrong.
Davenport Lyons has a history of trying to demand much more money than the alleged injury they have had to deal with, in some cases asking £500 for a £20 game.
Coyle recommends that those who recieve such a mailing contact legal council. The company has been awarded high sums in the courts but only when there has been no defense council.
As for Davenport Lyons they have issued a statement about this matter.
"We cannot comment on individual cases. We represent clients who own valuable rights in copyright material and are legally entitled to protect and enforce such rights against any unlawful infringement. The material was not put on a file-sharing site by our clients.
"We write an initial letter to those suspected of illegal file sharing based on technical information received from our clients. Such procedure is required by court rules. We allow ample opportunity for the recipient to respond, and if they have done nothing wrong they have no reason to be concerned."
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