Re: Davenport Lyons - Watchdog Report

_ wrote:
Norman Wells wrote:
_ wrote:
Norman Wells wrote:

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?

It wouldn't be unusual or unexpected for some mistakes to be made in
a novel operation of the size DL have undertaken, nor would it be
unusual or unexpected for any reputable firm to cease actions that
prove to be unfounded. So, I dare say DL will indeed have withdrawn
_some_ actions, and I fully expect those to be or include the ones
that the simpleton Watchdog programme highlighted.

Interesting. Do you think Which are "simpletons" too, you know, the
Which thats the most widely respected and longest standing consumer
organisation in the country?
http://www.itproportal.com/articles/2008/12/12/which-reports-davenport-lyons-legal-watchdog/

I know all about Which? thank you very much. What they don't seem to realise, however, is that DL as solicitors only act on behalf of their clients and under their instructions. The cases are not theirs, but their clients. Moreover, their actions are perfectly legal and fully in accordance with the Law Society's Code of Professional Conduct. Their job is to represent their clients' interests as strongly as possible in accordance with both the law and that code. And that's exactly what they're doing. Which?'s complaints seem to me to have no merit or any chance of being upheld, so the fact that they may have complained is of no relevance.

So, some cases are brought wrongly. That's an occupational hazard in any branch of the law, especially new ones. But whose fault is that? Is it DL's? Are they to blame if the information provided to them is faulty for example? Are they acting in bad faith if it is?

I think in all the cases they have brought they have had good prima facie evidence of illegal downloading as provided by the ISPs. That means the cases they have brought have been brought entirely properly.



You imply, however, that they have withdrawn all their actions
which, as far as I am aware, is very far from the case. Do you have
a reference to the contrary, or are you just pouting and posturing
as usual?
http://www.theregister.co.uk/2008/11/27/atari_davenport_lyons/

Now, would YOU like to come up with some references that DL are
continuing any actions as we speak? No, thought not. You're demented,
Norm, get yourself some help.

A man hears what he wants to hear and disregards the rest. To quote from the reference you provided:

"Lawdit is representing more than 300 people who have been targetted by Davenport Lyons. Only about a dozen are accused of infringing Atari copyright. The vast majority are under threat from another Davenport Lyons anti-piracy client, Topware Interactive, also a videogames publisher".

DL have withdrawn their actions against illegal downloaders of Atari products because Atari have for some (undisclosed) reason seen fit to change their solicitors, as happens. Judging by the ratio in the sample in the passage quoted above, that's just about 4% of the cases DL are handling. The remaining 96% apparently continue.

So, the reference doesn't actually show what you want it to, and hardly proves that I'm demented either. Rather, it proves me right, er, again.

.

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