illegal download letter

Fran

gurj_k wrote:

IP info was asked on the phone ...they sent a litlle more info but no IP..isp was mentioned....

Do you mean he was asked his ISP on the phone or his IP address? So they didn't know it before he told them?

gurj_k

no he asked them,,,they said his ISP VIA a letter but ip address was not stated

albertross_2

The suggestion about deletion was if the friend is using Kazaa. If they aren't and never have, then leave it as it is.

redux

albertross wrote:

The suggestion about deletion was if the friend is using Kazaa. If they aren't and never have, then leave it as it is.

Exactly. Even when programs are uninstalled, they leave behind various folders, registry entries and application data. So there is proof at the moment that none of this software has been there.

That could be professionally tested for fairly quickly. I'd think about writing to the law firm to suggest it, and ask them to pay the fee for the report when nothing is found.

gurj_k

that seems fair....pc world may offer that so il suggest that to be wriiten in further corespondance...once again thanks to all

Jon_C

Again, if your friend is innocent then he should do NOTHING further, especially with regard to his PC.

He/you should waste no more of your time and energies worrying about this.

In a criminal case the standard of proof required is beyond reasonable doubt. If whoever is sending these letters is willing to let the matter lie in exchange for £300 compensation, that sounds very dodgy - firstly because of the relatively small amount and secondly because financial settlements are only offered as standard practice to avoid civil suits.

If a civil suit is indeed what is threatened, then the standard of proof required is on the balance of probabilities and even then, it is NOT up to your friend to prove his innocence.

Please stop wasting your time on what sounds more and more like a scam the more it is discussed.

Even if it is genuine, your friend has nothing to fear as he has done nothing wrong in the first place. Right? Right.

Bossyboots

Beachcroft Wansbroughs have a number of offices but you can check out all of them from here http://www.lawsociety.org.uk/choosingandusing/findasolicitor/view=lawfirmdetails.law?orgid=302682&searchType=L

Mark_LJ

Best advice so far is Jon_C as regards burden of proof in a civil court.

If the letter is genuine then the law firm will have followed correct procedures and obtained court orders in relation to obtaining the details from friends ISP as to which customer was using whatever IP address at the time in question (unless it was a static IP address).

If the friend is innocent he should not alter the computer in any way, shape or form. Most file sharing networks leave behind various registry entries that can be retrieved by one means or another that'll show search terms, shared files etc.
To wipe the drive and re-install windows just after receiving the letter might not create too good an impression on the court.

Personally I would have thought that there would have been more evidence required i.e. seize the computer for examination to back up the download claims. Further examination might have assisted them to show exactly who was using the computer at the time of the alleged download.

I would have thought that these legal actions would have been concentrating on the individuals who are making the software available for download as opposed to people with one or two dodgy downloads. I would certainly investigate further and ensure that everything about the letter is legitimate.

At the end of the day if the letter is 'legitimate' your friend needs to weigh up the cost aspect. I'm sure the other side would be willing to negotiate their price and he'd have to balance this against the cost of any defence. I appreciate that no-one likes to be accused of something they haven't done but where the courts are concerned common sense doesn't always prevail.

mr_fishbulb

redux wrote:

It looks like an approach needs to be made to the ISP, probably their abuse team, and ask why they have given this person's identity, and what evidence they think they have.

ISPs only have to give out details with a court order, which the news link about this law firm says they have.

Although it's only £300 for 150 people = £45,000. How much is it costing McAffee to hire this law firm to do this? Even if everyone pays up without going to court, it is probably going to cost McAffee money.

If they are doing it for the publicity to scare people into stopping filesharing, they need to get some sort of PR company involved becasue this is the first time I've heard of it.

mr_fishbulb

gurj_k wrote:

that seems fair....pc world may offer that so il suggest that to be wriiten in further corespondance...once again thanks to all

I wouldn't trust PC World to do anything correctly.