Sky cards from XL Trading

JasonLVC

XLTradingUK wrote: »

FACT CANNOT legally stop any court in this country from allowing the accused and their defence team from bringing you in as a witness and showing any evidence which supports a claim of libel or defamation.
Excellent You HAVE to appear and you have to use your real details which we can then use to prosecute you.
Ah the law... don't you just love it!

For a forum, all you will ever get is an IP address, at best, from MSE. That does not prove who made the posting, only who owns the line....many people are posting from work, via their blackberry, internet cafe or even from their homes but it may not be the IP address owner. I'm emailing from an airport lounge in Geneva and you know how secretive the Swiss are.

The defence can only call a witness if they know who that witness actually is. They cannot subpeona an innocent party.

As for reports to FACT/Sky, these are always recevied on the grounds of strictist confidence, which has the force of law. They will not be under ANY requirement to release such details, except perhaps for a serious criminal trial at the behest of the defendant - but libel is a civil action and you've got zero chance.

All of this of course, is on the assumption you actually have a libel to answer to. Having already confirmed your website is illegal by not complying with various laws, your libel case will be laughed out of court at considerable cost to yourself as there is no libel when you openly admit your website is wrong/illegal.

The difference is XL, some of us actually know (and practice ) the law.

ps. Why are you STILL here, go shuffle some court papers or something.

NeverInDebt

I think someone is sat outside my house using my wireless network and pretending to be me. LOL My ISP would never give you my details out a court order I am so confident of that.

JasonLVC

XLTradingUK wrote: »

Our solicitors have sent them a letter this morning warning that any act of revealing any WhoIS information to the general public, the site has asked for it to remain PRIVATE (and legally ticked as such) can be sued against the data protection act.

We have yet to hear from them but we have also asked for the name and details of the complainant as well as we intend to take legal action against them as it will be someone on here.

Err, you cannot hide behind the data protection act and then at the same time ask Nominet to reveal details protected by the data protection act. You will find that Nominet are under no obligation to provide said details to your solicitor/Mum.

NeverInDebt

Its a bit rich they are dont publish there address, the whois register doesn't provide a address and they web site is hosted in US

Got there IP address 64.191.x.xxx

JasonLVC

NeverInDebt wrote: »

I think someone is sat outside my house using my wireless network and pretending to be me. LOL My ISP would never give you my details out a court order I am so confident of that.

This is why it has been near impossible for the major copyright holders to crfackdown on peer 2 Peer sharing. They may be able to obtain IP addresses eventually from the Internet provider but still have to identify the actually share/user - US law is different to the UK.

The EU is looking to enact a voluntary arrangement (and later a legal one) between IP's and their customers but has stalled at present because the IP's realise it is impossible to police.

Lord Mandelson wants an IP to switch off a broadband connection - but the problem is the only person who can get a DSL line connection is an adult and yet the majority file sharers are below the age of consent and an EU law that dis-advantages a citizen would be exposed to a human rights challenge and would likely win as the state cannot punish someone who has not commited a crime - which would be the case if the IP switched your connection off becuase little Johnny upstairs was downloading the latest Black Eyed Peas album.

Smeg77

I believe he has only one reason for you to register on his forum, using your nick from here, and that's most probably because his 'legal' requests to MSE to obtain you ip's has failed, and so in order to try and work out who you all are he now wants you to register on his forums, so he can try and go to your ISP's and ask for your details, and he'll be met with the same brick wall that the RIAA and BPI get met with, normally with two finger sticking up from the top.

Quite simply the only reason you would list something as a 'backup' or sell something as a 'backup' is so that you can get around the piracy laws.

You may have a loyal client base, but then that could be done to the fact that so many people need to 'backup' their software because the price in the shop was too much, I'm also guessing that these 'legal' back-ups contain no CD-Keys to go with them.

As for the Sky Cards, Pay-Per-View events are not included in any subscription packages, neither is SBO or the !!!!!! channels, so anyone offering a card that is able to view them is offering something that is illegal, as these services can only be purchased at the time and not through a subscription.

The cards probably expire because it takes Sky 1-3 months to detect them and cancel their numbers. £40 x 4 is £160 pa which is what it would cost from them if you wanted a year of not paying Sky, the like for like package on Sky for HD with all channels and sport/movies would cost £57.50 pm, or £690 pa (sorry if that's already been posted, I did skip a few pages)

IMHO the only way you could actually offer a legal back-up facility, is if the client brought to your shop the original material, which was then duplicated and given back. Someone being able to go to a website/shop and go errr...yeah I've got that, give me a copy...err.backup of that one cannot possibly be legal, as you are supplying goods the client may not own, therefore you are aiding and abetting theft, thus making yourself liable.

Antispam

[EMAIL="nominet@nominet.org.uk"]nominet@nominet.org.uk[/EMAIL] and tell them this web site is a trading and hasnt omitted there details in who is register

redux

Please post your libellous and defamation posts in here!

Over to you..

Challenge underway - lets see how many people use their REAL details and their same username on MSE on our site.

Feel free not to use proxies also - unless you have something to hide.

I'm going to say something in the firm's favour, as they obviously aren't all bad or stupid

That thread has been there for an hour, and so far the firm has resisted any temptation to shoot itself in the foot by making forged posts using MSE members' usernames

1984ReturnsForReal_2

That-Guy wrote: »

You really are a plank. You should not opt-out from the whois database as you are a business. Read number 2 here:

http://www.nominet.org.uk/other/whois/optout/

Which means this info is publicly available.

If you are a real business as you keep saying the info below should be public and you are not allowed to opt-out. Sorry

Just shows you know nothing about business!

Ooooooooooooooooo


Is that another

ILLEGAL ACT

that they have admitted?


I didnt think of that one..... I am slow!!! :mad:

oldone_2

I can't comment on the Sky issue but the 'backup' service interests me.

As I understand it,XL will send you a duplicate of a CD/DVD that you already own so that you can protect your original from damage.So far so good.

Most software and games comes with a serial number/ activation code which you will already have if you own the original.If you don't have this, then the duplicate will not work, and XL Terms and Conditions cover this.

Now I have a problem with duplicating music C.D's since they usually don't come with a serial number, and XL appear to do no serious checks on ownership. Some discs have copy protection to prevent them being duplicated; and to use software to overcome this is illegal. This also applies to Macrovision that copy protects films on DVD.

Of course in no way am I accusing XL of breaking the law by overcoming copy protection on commercial discs; but one wonders how they can legally do this.