illegal download letter

gurj_k

hi all...jst wanted a little advice, a friend of mine got a letter from a law firm representing norton saying hes downloaded it illegally via kazzaa...he has no knowledge of this and they demand 300 or court action...and it is a official letter so no scam...hes not even used norton..this was aparantly in may 2005 but recieved letter last week...he hasnt a clue what to do seek legal adivice?

chrislee765

I'm not sure what the best advice would be in this matter.

If they definitely didnt do it then the chances are they shouldnt have sufficient evidence?
You could contact the ISP, talk to them about it?

Bossyboots

What checks has he made that verifies the letter is not a scam?

gurj_k

the law firm is a big firm...who handles big clients....and they gave time and date and isp name of aparant offence

sco0ter

Not really sure of the legality of this as norton let you download trial versions. Whats to stop someone downloading norton trial from another source. if they say it was the trial and they have not got it installed I dont think they can do anything.

Also there was another instance that occured when kazza users where wrongly accused of downloading files because of dynamic IP addresses. seemingly Kazza would return a time that could be 3 or 4 hours out because of where the server is and the person would have logged off but someone else would get the same IP address and download things.

why not just phone them who sent the letter and ask about it.

gurj_k

hi there thanks for all input...he did phone them up and theyr just a lawfirm acting with the instructions...he did make the point about trial version hoever they go a FULL version was downloaded...what is this kazaa dynamic ip thing? isnt each computer got a personal ip adress

sco0ter

Not all ISP have dynamic ISP addresses. All it means is if you have an IP and then log off .. the next user to log on could get the IP you just had.

gurj_k

well hes got wirless connection which say if you have a laptop can be accsed from outsde his house...could that be a reason..is that a valid reason to put forward or just pay a fine?

ronnie_2

get him to seek legal advice on this, norton have to prove that your friend has done wrong and without full evidence then they dont have a leg to stand on

gurj_k

he asked for further info...the lawsuits jst sent him date and time and that kazza was the platform...thats all

albertross_2

If they are sure they didn't do it, go to court.. It could be a nice little compo earner. They need more than an IP address and time to prove your friend did it.

If you pay up, and your friend does use kazaa, for other iffy purposes, then the floodgates may open, and you may get the BPI on your back.. It's always easier for them to bully the little people.

Does you friend use unencrypted wireless, if so, it could be the neighbours, and the law firm would have to prove it was you..