I just got a solicitors letter demanding £595.00 for downloading a computer game by Atari when my son did it?

Question

Atari have obtained a court order to obtain my IP address and my Internet Service Provider has provided my name and address to Atari. I am not in a position to pay the £595.00 because of the credit crunch. What action should I take? The Solicitor is Davenport Lyons and all I have is a fax number.

What is even more ridiculous is that the solicitors letter states that even if the copyright infringement was committed by a minor, they must take responsibility and sign the document.

Did Virgin Media (My ISP) break my might to privacy by handing over all my personal details to Atari?

Answer 1

Here is the website for Davenport Lyons including their address and a telephone number.



http://www.davenportlyons.com/



If I were you, I would treat all of this with extreme caution. Please go to the sites below and read the information there first before you to anything else.



http://torrentfreak.com/youre-caught-downloading-dream-pinball-settle-now-or-go-broke/



Check out the next website and read carefully etc.



http://www.consumeractiongroup.co.uk/forum/broadband-other-internet-issues/152047-davenport-lyons-going-against.html



Times online - Davenport Lyons persue illegal downloaders

http://technology.timesonline.co.uk/tol/news/tech_and_web/gadgets_and_gaming/article4569180.ece



I'm not a lawyer, but your best course of action is to seek advice from your local CAB (Citizens Advice Bureau).



http://www.citizensadvice.org.uk/

Answer 2

Unfortunately, if the information is used to help solve a crime, your ISP must provide the address to Atari or face legal action themselves.



I found two sites listed below that might be of help to you. The first one is the link directly to Davenport Lyons and the second one is an article about what to do if a person is charged with downloading an unauthorized game.



Good luck.

Answer 3

That seems rather a lot for a computer game! They are usually about £15!

Do you think it could be a scam - a solicitor would usually have a telephone number on there as well.

I'd be inclined to make an appointment with the Citizens Advice or see if there is legal aid solicitor you could see.

Answer 4

If possible, you might want to consider buying a copy of the game in question, but use cash and lose the receipt (so they don't know when you got it).



There are some legal gray areas when it comes to downloading software that you technically already have the license for.



I don't know for sure it would help, but it's what I would do, before I talked to them. Can say your son didn't know what he was downloading and you already had the game. Or make up whatever you want.



Yeah. I know. I'm not a very ethical person. So sue me. ;o

Answer 5

not sure about virgin breaking you rights to privacy though there have been several warnings that companies were going to start punishing for people downloading illegally. contact the cab and get some legal advice hopefully you may get let off with a warning but if not offer to pay the smallest amount each month.minors can't sign legal documents so worth getting it checked out.

Answer 6

It really sounds like a scam - go to citizens advice if you can`t afford legal advice. Have you googled the fax number? You might find others are in the same position

Answer 7

My first instinct is that this is a scam, so you shouldn't hand over any money at all before getting it thoroughly checked out. If all they have provided is a fax number then this sounds seriously suspicious!

Answer 8

Instead of I am not in a position to pay the £595.00 because of the credit crunch.



should of said



i am not in a position to pay beacuse i browwed to much and was stupid, now the intrest rates have rised i am poor.

Answer 9

if i recall right it doesn't matter if you actually made the purchase, if a family member had free access to your computer and they made the purchase from it, you still have to pay.



you could possibly work out a deal on how to pay though.

Answer 10

Check with the home office, see if it is a scam, find out if the barrister is legitimate, find out if the court order is legal and factual, can you see a barrister pro bono. for advice?

Answer 11

My first thought is "scam".



This article might shed some light on it:

http://torrentfreak.com/youre-caught-downloading-dream-pinball-settle-now-or-go-broke/

Answer 12

im not sure but if i were you i would get legal advice in this as soon as possible

Answer 13

oh dear...i don't know the answer, but it doesn't sound too good, everyone downloads stuff but i didn't know people got caught...