Letter from sky - GoldenEye claim I file shared!

edited 30 November -1 at 1:00AM in Broadband & Internet Access
37 replies 20.3K views
paulfoelpaulfoel Forumite
5.7K Posts
Part of the Furniture 1,000 Posts Combo Breaker
✭✭✭✭
edited 30 November -1 at 1:00AM in Broadband & Internet Access
I haven't I should add.

Apparently, a company called GoldenEye have got a court order to get my name because I've been illegally filesharing.

Funny thing is if you go to the goldeneye website it seems more concerned with fighting piracy than anything else. I can smell a scam.

Awaiting a speculative invoice now. Sounds very fishy to me. I'm guessing they do very well out of people who get scared and just pay up.

Looks like they do !!!!!! films as well. Obviously, they know that if they sent letters in the post demanding payments for downloading !!!!!! then this may carry more weight. Can just imagine it. Husband gets letter and thinks flipping heck better pay this before wife sees it.

Absolutely scandalous behaviour. Should be illegal.

As someone who works in IT, know that an IP address can in no way be used as absolute proof. Its just too easy to spoof. I can't see how they've got a leg to stand on unless they come into your house and find said downloaded file on your computer.
Cymru am Byth !!! :j:j:j
«134

Replies

  • LorianLorian Forumite
    5.2K Posts
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    ✭✭✭✭
    They do appear to have a list from sky:


    http://help.sky.com/articles/details-of-copyright-owners-who-have-obtained-court-orders-in-unlawful-file-sharing-cases


    Not to difficult to defend I guess, especially if you have a dynamic IP addr. I'd wait for a response from someone legal before deciding to respond or ignore.
  • paulfoelpaulfoel Forumite
    5.7K Posts
    Part of the Furniture 1,000 Posts Combo Breaker
    ✭✭✭✭
    Apparently they did this a few years ago. Its appalling. It seems all the need to do is supply a list of IP addresses and the court will give up names.

    Its not hard to work out Sky's dynamic IP address range so they could just make them up!

    Send out letters (apparently last time they asked for £700) and they KNOW that they will get a certain % who will just pay up guilty or not to make it all go away. Like I said when theres !!!!!! involved it can cause a lot of unease and trouble for people possibly. Easy pickings for them. I dont know how they sleep at night.

    I just read that the guy behind all this has said hes not earning much from people who buy his DVDs so hes going to make money from people who don't buy them.

    Surely in the UK in 2015 it can't be right that someone can send out letters threatening legal action and demanding money when they have little of no proof in any case?
    Cymru am Byth !!! :j:j:j
  • onomatopoeia99onomatopoeia99 Forumite
    6.6K Posts
    Seventh Anniversary 1,000 Posts Name Dropper
    ✭✭✭✭
    paulfoel wrote: »
    Apparently they did this a few years ago. Its appalling. It seems all the need to do is supply a list of IP addresses and the court will give up names.
    Norwich Pharamacal order, the mechanism by which a court orders a third party with information about a suspected crime or tort to give up that information. The person / organisation seeking the order would have to present evidence to the court explaining why they need the information, what those they are seeking information about are suspected of and so on.

    If on a dynamic IP address the ISP would need to consult their RADIUS logs for the time specified to determine which subscriber had that address allocated at that time. ISPs do know and record this stuff.

    Of course the applicant could "make them up" but since that would be perverting the course of justice as they form part of an application to the court, it would be a particularly stupid person that did this for the sake of £700, given the starting point for PCoJ sentencing is generally a year behind bars.

    It should absolutely not be illegal for copyright holders to seek recompense from those that violate their rights under the CD&PA. Are you suggesting that we should abolish copyright? That is the logical conclusion of saying it should be illegal for a copyright holder to pursue someone suspected of copyright violation through the courts.


    Anyway, have a read about ACS:law, who were the legal firm behind a lot of this a few years ago and responsible for a significant proportion of all complaints to the SRA that year. That should provide a starting point for further reading about how to deal with th e letter you have received.
    Home is where my books are.

    Solar PV 5.2kWp system, SE facing, >1% shading, installed March 2019.
    Mortgage neutral target Jun 2019, achieved Dec 2018.
  • edited 13 November 2015 at 10:49AM
    paulfoelpaulfoel Forumite
    5.7K Posts
    Part of the Furniture 1,000 Posts Combo Breaker
    ✭✭✭✭
    edited 13 November 2015 at 10:49AM
    Norwich Pharamacal order, the mechanism by which a court orders a third party with information about a suspected crime or tort to give up that information. The person / organisation seeking the order would have to present evidence to the court explaining why they need the information, what those they are seeking information about are suspected of and so on.

    If on a dynamic IP address the ISP would need to consult their RADIUS logs for the time specified to determine which subscriber had that address allocated at that time. ISPs do know and record this stuff.

    Of course the applicant could "make them up" but since that would be perverting the course of justice as they form part of an application to the court, it would be a particularly stupid person that did this for the sake of £700, given the starting point for PCoJ sentencing is generally a year behind bars.

    It should absolutely not be illegal for copyright holders to seek recompense from those that violate their rights under the CD&PA. Are you suggesting that we should abolish copyright? That is the logical conclusion of saying it should be illegal for a copyright holder to pursue someone suspected of copyright violation through the courts.


    Anyway, have a read about ACS:law, who were the legal firm behind a lot of this a few years ago and responsible for a significant proportion of all complaints to the SRA that year. That should provide a starting point for further reading about how to deal with th e letter you have received.

    Yes, I work in IT so aware of dynamic IP but IMHO:-

    1. I don't have complete confidence in the accuracy of what the ISP could provide.
    2. IP address is too easy to fake or spoof. Proves nothing.

    As for not making up the IP addresses. Come on - this is hardly a reputable company. And they know most courts would never understand how it all works.

    Not saying copyright holders should not have the right to look after their rights. But in this instance, the copyright holder has made a bit of business out of this whole thing.

    They KNOW that guilty or not a lot of people will pay up. Especially so when the word !!!!!! is mentioned. People will pay just in case to make it go away.

    Its nothing but legalised blackmail.

    Yes I've read about ACS. That didnt go too well for them - same company. Sadly, it looks like they think theres mileage in doing it again.

    I read somewhere that the fella behind this has said he doesnt make money out of selling !!!!!! but its lucrative getting money out of people who dont buy !!!!!!.
    Cymru am Byth !!! :j:j:j
  • almillaralmillar Forumite
    8.6K Posts
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    ✭✭✭✭
    I hope the copyright holders of the James Bond franchise chase them for copyright infringement!
  • ChiefGrasscutterChiefGrasscutter Forumite
    2.1K Posts
    Part of the Furniture Combo Breaker
    ✭✭✭✭
    paulfoel wrote: »
    I haven't I should add.

    Apparently, a company called GoldenEye have got a court order to get my name because I've been illegally filesharing.


    Well in your post No 7 in the thread below you said you would be using the connection for amongst other things "torrents"
    http://forums.moneysavingexpert.com/showthread.php?p=64325176

    Then there is the small matter of the previous 'letters' sent to you about filesharing and giving you warnings - post No 28
    http://forums.moneysavingexpert.com/showthread.php?t=1673825&page=2
  • JJ_EganJJ_Egan Forumite
    19.6K Posts
    Part of the Furniture 10,000 Posts Name Dropper
    ✭✭✭✭✭
    Torrents and now a 3rd warning letter difficult to prove your innocence .
  • paulfoelpaulfoel Forumite
    5.7K Posts
    Part of the Furniture 1,000 Posts Combo Breaker
    ✭✭✭✭
    You do all know that torrent is just a delivery/download method don't you? There are lots of legal applications thereof.

    Also, 2009. I remember now. Nope, innocent then too.
    Cymru am Byth !!! :j:j:j
  • Roland_SausageRoland_Sausage Forumite
    711 Posts
    Ninth Anniversary 500 Posts
    ✭✭
    As someone who works in IT, you should know how to avoid getting caught when you decide to download dodgy material ;)
This discussion has been closed.
Latest MSE News and Guides

Tesco launches its first ever...

...checkout-free supermarket store

MSE News

25+ ways to stop scams

Plus what to do if you're a victim

MSE Guides

Beauty Advent calendar round-up

The Body Shop, Holland & Barrett etc

MSE Deals