Re: Davenport Lyons - Watchdog Report

Norman Wells wrote:
steve robinson wrote:

DL have not won any case yet that has been defended in the uk

That depends on what you mean by 'defended', and I suspect you are using that term in a rather restrictive way that suits your purposes rather than in the usual sense. See for example:

http://technology.timesonline.co.uk/tol/news/tech_and_web/article4564439.ece


which went to trial, and therefore seems to have been defended at least in the conventional sense of the expression.

Anyway, it settles nothing to say that DL have not won any case yet that has been defended in the UK. It will only be a matter of time. On the other hand, it would support your position if you could refer to any cases that DL have actually lost. But I don't think you can because there haven't been any, have there?

They also forget that in many homes thier are several computers and
'toys' that can connect to the net through a router , the isp ip will
only log the modem it will not log the computers attached

So what? It could well be decided in future that the owner of the router is performing the illegal download and is therefore liable even if the process is initiated by some other individual attached to his network. That would be a great result because then it would place responsibility for what is downloaded where it properly lies, and owners of networks might then be a little bit more circumspect about who they allow to use them, and what for.

The civil burden of proof is only 'on the balance of probabilities' anyway. Various cases, including:

http://www.oldham-chronicle.co.uk/news-features/8/news/15246/parking-penalty-just-judge-rulesThat.


have decided that it's not necessary to identify the individual perpetrating the illegal act absolutely definitely. All a judge has to decide is whether the respondant, whoever he is, is more likely than not to have done what he is accused of, whether or not there is absolute knowledge that it was he who did it. The same principle applies to downloads as it does to illegal parking.

So, whistle in the dark by all means if it keeps your spirits up, but the net is closing.

LOL are you STILL banging this drum, Norm? Even though your pals at DL have ceased actions after being 'outed' by Watchdog and reported to their governing body?
.

Relevant Pages

  • Re: Davenport Lyons - Watchdog Report
    ... It could well be decided in future that the owner of the router is performing the illegal download and is therefore liable even if the process is initiated by some other individual attached to his network. ... That would be a great result because then it would place responsibility for what is downloaded where it properly lies, and owners of networks might then be a little bit more circumspect about who they allow to use them, and what for. ... have decided that it's not necessary to identify the individual perpetrating the illegal act absolutely definitely. ...
    (uk.legal)
  • Re: Thinking out loud....
    ... create their own private P2P network which only consists of whoever is ... which is a server program operated by the entity wishing to ... download the DLLs it needs as it needs them. ... we have a few too many file-sharing applications with no real open standards ...
    (microsoft.public.dotnet.general)
  • Re: Browser freeze
    ... IMHO) will graphically show you what network traffic is present on your system. ... Process Explorer will show you what processes, foreground and background, ... They're all free - and most pretty small, so they download quickly enough. ... Now check for, and remove, spyware. ...
    (microsoft.public.windowsxp.perform_maintain)
  • RE: Download Accelerator Plus can be tricked to download malicious file
    ... I didn't see this as a DAP fail, is normal to have out because of network ... Download Accelerator Plus can be tricked to download malicious file ...
    (Bugtraq)
  • Re: OT: BitTorrent
    ... Whenever I have a bittorrent client open, it makes the internet across my entire network unusable, as in 60 seconds to load the Google homepage slow, so basically if anyone at home or in the office wants to do anything internet related I can't use it. ... to download 1.6 million headers from wach group. ... sounds appealing given the download speeds you've described. ...
    (uk.games.video.xbox)