Illegal Downloading.

Lewie

Hi all.
Don't know if there are any legal brains on here but i'm after a bit of advice.
My daughters boyfriend has received a letter form a solicitor saying that he has been downloading 'their clients music material'.
It wants £375.00 within 21 days which will halt any further action against him.
He swears he hasn't done the deed (the music mentioned is of no interest to him) and there is noone else in the house who could have done it.
We are now wondering if his wireless network could have been hacked and if so can it be proved??
The way the letter is written assumes guilt. It seems very strange that these people can just come up with a figure that some one must pay just because they believe you are guilty.
This is quite worrying, not just for him but all of us that have a wireless network as a expert hacker can break into your network.
I have looked at my own router and seen ip and mac addresses that did not match any of the three computers in our house.
Any one know the best way to tackle this or who to contact??
Cheers.

Pink.

Hi Lewie,

This thread might help: OMG!!! Infringement of Copyright Letter

Pink

cyberbob

It's far more likely that your daughter BF has actually downloaded than someone hacking your wireless. Follow PW linked some good advice there. Companies are now really cracking down on this.

Lewie

Thanks for the replies.

PF, i have started looking, my crikey there are thousands, these firms must be making a mint.

bob, let's assume he didn't download the music, innocent until PROVEN guilty.
Now, if it is a fact that he didn't, then how the devil can anyone prove otherwise?
Ok. they say they have a record of that file coming to his ip address.
I have seen software that will hide your ip by inserting a false one, what's to say that this software isn't using genuine ip's from innocent people?
That along with the possibility of hacking surely means that the case has zero chance of being proven.

shadowknightz

To the OP: I've read a thread on this exact subject before! It's the one previously linked to, and the advice was to IGNORE the letter as they can't really do much anyway, or write back denying responsibility if they continue to pester you. I think the consensus was that they're just sending them out and hoping that people will be frightened into paying it.

unholyangel

Lewie wrote: »

I have seen software that will hide your ip by inserting a false one, what's to say that this software isn't using genuine ip's from innocent people?
That along with the possibility of hacking surely means that the case has zero chance of being proven.

What you're describing is a proxy server. AFAIK, most of these programs do not steal someone elses IP, instead they use IP's dedicated for this purpose. Again, AFAIK (not expert in hacking) in order to use someone elses IP as a ghost IP, you would need to physically do it by sort type of hacking or by piggybacking on their connection.

Of course, unless they have a MAC address, they wont know what computer/device downloaded it for sure

NeverInDebt

I also think its been sent to frighten you

I wonder how they obtained your address, given many ISP's wont give it out unless a court order

For a start how can they prove its you? Many people share the same IP address (dynamic Ip address) then there is doubt regarding secure wireless connection

Beast

Surely proving that the illegal downloading originated at that specific IP address is all they need to do and then it would be down to the accused to prove otherwise?

unholyangel

Beast wrote: »

Surely proving that the illegal downloading originated at that specific IP address is all they need to do and then it would be down to the accused to prove otherwise?

Well IMO that wouldnt be very just. Thats like someone stealing your car, killing someone with it and then YOU being charged with manslaughter.

Lets face it, any of the major filesharers who profit from illegal downloading should (i would like to think) be smart enough to take a few simple precautions in order to hide their IP.

Then again i despair of any criminal who is dumb enough to lead a trail of breadcrumbs. Although many of them exist :rotfl:

custardy

shadowknightz wrote: »

To the OP: I've read a thread on this exact subject before! It's the one previously linked to, and the advice was to IGNORE the letter as they can't really do much anyway, or write back denying responsibility if they continue to pester you. I think the consensus was that they're just sending them out and hoping that people will be frightened into paying it.

I would agree
anyway.say it did go to court
whats to stop the defendant buying the music on CD 2nd hand before going to court?
nothing illegal about downloading back ups of music you own.
I have films on Bluray but i keep copies on the networked PC for streaming to the other rooms
its far far easier and quicker ofr me to download a copy than rip and transcode from the Blurays

elsien

There's an article in yesterday guardian about the same thing which also seems to go on the "ignore it" route.
http://www.guardian.co.uk/money/2010/jul/17/file-sharers-legal-action-music-downloads