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hipraptor
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Posted: Wed Mar 07, 2007 5:33 pm Post subject: Threatening letter |
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Buried In The Backyard Joined: Wed Oct 26, 2005 7:00 pm Posts: 16
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My wife got a letter today from Devenport lyons acting on bhalf of the makers of 3D pinball accusing her of sharing the files last October, they have sent a threatening letter asking her to cough up £325.00 and fill in a form saying that she will not download or share software and that she has deleted the game.
We do not have the game and so what will happen if we refuse to pay up and refuse to sign the form admitting that we have shared this or downloaded this file, will we land up being taken to court or is it a bluff to milk £325 quid out of us.
By the way they say they have compelling evidence and of course our ISP supplied them with our name and address details for £25 which is another issue.
I have posted this elsewhere and apparently I am not the only one to get such a letter.
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ViSCeRaL
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Posted: Wed Mar 07, 2007 5:45 pm Post subject: Re: Threatening letter |
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The Devil, Probably Joined: Thu Jul 24, 2003 10:13 am Posts: 2029 Location: The Slab
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hipraptor wrote: | We do not have the game |
If you don't have the game, and are sure you've never downloaded it, they haven't got a leg to stand on. Write back and ask them what evidence they have that you downloaded the game.
In the meantime, nip out and buy a wireless router (if you don't already) and set it up unsecured. If it ever comes down to it, you can use the excuse that someone must have used your network without you knowing.
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johnathome
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Posted: Wed Mar 07, 2007 5:54 pm Post subject: |
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Demon Of The Abyss Joined: Sun Oct 26, 2003 6:10 pm Posts: 1286 Location: Living in Gordon Brown's HELL
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I'd ask to see what evidence they have.
What isp are you with?
_________________ "Oh good God, i think he's the antichrist" (Up in smoke)
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hipraptor
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Posted: Wed Mar 07, 2007 6:46 pm Post subject: |
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Buried In The Backyard Joined: Wed Oct 26, 2005 7:00 pm Posts: 16
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I am with KC in Hull and they only monitor bandwidth not what one uploads or downloads.
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johnathome
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Posted: Wed Mar 07, 2007 7:15 pm Post subject: |
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Demon Of The Abyss Joined: Sun Oct 26, 2003 6:10 pm Posts: 1286 Location: Living in Gordon Brown's HELL
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It seems pretty mercenary for them to sell your details for £25!
I'd change my isp although, as you say, thats another matter.
I'd ask Devenport Lyons to show you the proof as you have done a full search of your hard drive and you can't find the program they are referring to, maybe someone has spoofed your ip addy
As an aside what p2p proggie do you use and are you running an ip filter? Just asking because the people i've asked who received letters weren't running any sort of filter.
Additional: I'd read my isp small print and see what it says about your privacy.
_________________ "Oh good God, i think he's the antichrist" (Up in smoke)
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hipraptor
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Posted: Wed Mar 07, 2007 8:38 pm Post subject: |
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Buried In The Backyard Joined: Wed Oct 26, 2005 7:00 pm Posts: 16
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I only use newsgroups from a paid server rather then my isp and I do not post files.
I do also use protowall
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spudthedestroyer
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Posted: Wed Mar 07, 2007 9:08 pm Post subject: |
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Site Admin Joined: Sat Nov 02, 2002 1:35 am Posts: 19780 Location: En España
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are you on a dynamic ip? If so its likely all they have is pitiful a piece of evidence as an ip and a timestamp as is often the case, and you should point out this is pitiful evidence and likely due to your isps incompetance they've given the wrong details, if you are on a dynamic ip this is very likely. If indeed you haven't downloaded the file, and no one has done so from your network.
For the <s>snakes</s> lawyers, I'd do this after contacting your isp:
I would personally, photocopy the documents, bung them all in a letter stating that they are not only wrong but that you are investigating your isp's competance since what they've stated is clearly wrong. But then i'm a bit passionate about these things. I would state bluntly that they are very wrong, you've never even heard about the game and don't even give a crap about pinball (who the f*ck would anyway?  ), and state that they should seek technical council on their evidence stating the factors of the files none existance both on a simple file and low level hdd scans is apparent, that you have a network and don't think its been breached (if you've got wireless, which is a good cause of this stuff, it might be worthwhile checking... if someone' stealing your bandwidth then you know who to pass the legal torch to  ), that if your isp allocates a dynamic ip that there evidence is not accurate and shift blame to your isp.
For your isp, which i'd do first:
I would also seperately contact your isp about being contacted out of the blue about something you've got no idea what they are talking about, and say they have made a claim that the isp has said you have done something you haven't, and that the isp has sold them information. All that's true from what you've told us here, right? If the isp trumps back to you, call them on possibly falisfying documents and selling personal details. checking the small print is a good idea, it might have been a moron employee. I don't think they can offer information without a court order or your explicit consent, its a violation of the Data Protection Act. You can report them to offcom. If what you say is true, your isp is at fault here, their documents are wrong, they've questionably if not illegally sold your details and they have done so without any warning to you.
Downloading from newsgroups, if that's all you do would mean it is a downright impossibility for them to trace you since its only you and a server.
This whole thing wiffs of bullshit, you could also play that angle first and email if its a scam, if no one has been on your network and downloaded the file, I suspect what I've said is true, your on a dynamic ip and your isp is plum wrong.
http://slyck.com/forums/ is run by a lawyer from the uk that has an active interest in technology and user rights, he is very helpful and he will hopefully be able to help you. What i'd do isn't necessarily what you should do
Protowall is just a direct connection blocker, programs like emule exchange sources via third parties, which is why its even less credible for 'evidence' gathered on emule than by http, etc. Even with a block, companies have been known to harvest information from third parties which is pretty frivelous information when its examined.
ps. pinball games are soooooooooooo lame 
_________________ Mouse nipple for the win! Trackpoint or death!
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johnathome
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Posted: Wed Mar 07, 2007 11:41 pm Post subject: |
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Demon Of The Abyss Joined: Sun Oct 26, 2003 6:10 pm Posts: 1286 Location: Living in Gordon Brown's HELL
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If you only download from newsgroups, how the fuck are you meant to be sharing???
Defo ask to see the evidence 
_________________ "Oh good God, i think he's the antichrist" (Up in smoke)
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hipraptor
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Posted: Thu Mar 08, 2007 1:32 am Post subject: |
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Buried In The Backyard Joined: Wed Oct 26, 2005 7:00 pm Posts: 16
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Thanks for all the advice, I will stick to my guns and fight this false accusation.
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TaKYoN
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Posted: Sun Mar 11, 2007 5:52 pm Post subject: |
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The Ancient One Joined: Mon Mar 31, 2003 3:28 pm Posts: 4096 Location: Somewhere between dimensions, waiting.
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Tell them bollocks and ask to see the evidence.
If all else fails then fake your own death. If that is a bit extreme maybe try pleading ignorance.
Smart as I am I always get away with shit by pleading ignorance. Being smart makes it easier to act stoopid. Not so sure if I ever got collared for downloading stuff though, I would probably just disappear again never to resurface 
_________________ FIRST SEAL BRINGS PESTILENCE. Small Time Rippers - 2003-2008 - R.I.P. 'Do I look like someone who cares what God thinks?'
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slasherman
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Posted: Sun Mar 11, 2007 6:12 pm Post subject: Re: Threatening letter |
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Will Tear Your Soul Apart Joined: Tue Oct 24, 2006 11:08 am Posts: 577
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hipraptor wrote: | Devenport lyons |
why dont I get any hit when I google this ?
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spudthedestroyer
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Posted: Sun Mar 11, 2007 6:23 pm Post subject: |
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Site Admin Joined: Sat Nov 02, 2002 1:35 am Posts: 19780 Location: En España
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slasherman
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Posted: Sun Mar 11, 2007 7:47 pm Post subject: |
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Will Tear Your Soul Apart Joined: Tue Oct 24, 2006 11:08 am Posts: 577
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Ok thanks  ..now I know what building to bomb next
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TaKYoN
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Posted: Sun Mar 11, 2007 8:47 pm Post subject: |
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The Ancient One Joined: Mon Mar 31, 2003 3:28 pm Posts: 4096 Location: Somewhere between dimensions, waiting.
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slasherman wrote: | Ok thanks  ..now I know what building to bomb next |
Edit ya post quick or the Feds will nail ya. You can't say shit like that, threaten with anthrax now, that is old hat and no-one cares anymore LOL
_________________ FIRST SEAL BRINGS PESTILENCE. Small Time Rippers - 2003-2008 - R.I.P. 'Do I look like someone who cares what God thinks?'
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Vae Victis
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Posted: Sun Mar 11, 2007 9:08 pm Post subject: |
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Demon Of The Abyss Joined: Tue Jun 14, 2005 8:01 pm Posts: 1130
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TaKYoN wrote: | slasherman wrote: | Ok thanks  ..now I know what building to bomb next |
Edit ya post quick or the Feds will nail ya. You can't say shit like that, threaten with anthrax now, that is old hat and no-one cares anymore LOL |
second quote for evidence.
The feds are gonna get ya. 
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TaKYoN
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Posted: Sun Mar 11, 2007 11:07 pm Post subject: |
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The Ancient One Joined: Mon Mar 31, 2003 3:28 pm Posts: 4096 Location: Somewhere between dimensions, waiting.
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Vae Victis wrote: | TaKYoN wrote: | slasherman wrote: | Ok thanks  ..now I know what building to bomb next |
Edit ya post quick or the Feds will nail ya. You can't say shit like that, threaten with anthrax now, that is old hat and no-one cares anymore LOL |
second quote for evidence. The feds are gonna get ya.  |
What kind of idiot quotes something that needs to be edited? Poor fucker is gonna get nailed by the feds and get 5 to 10 in the State Pen.
_________________ FIRST SEAL BRINGS PESTILENCE. Small Time Rippers - 2003-2008 - R.I.P. 'Do I look like someone who cares what God thinks?'
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TaKYoN
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Posted: Sun Mar 11, 2007 11:10 pm Post subject: |
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The Ancient One Joined: Mon Mar 31, 2003 3:28 pm Posts: 4096 Location: Somewhere between dimensions, waiting.
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Vae Victis wrote: | TaKYoN wrote: | slasherman wrote: | Ok thanks  ..now I know what building to bomb next |
Edit ya post quick or the Feds will nail ya. You can't say shit like that, threaten with anthrax now, that is old hat and no-one cares anymore LOL |
second quote for evidence. The feds are gonna get ya.  |
What kind of idiot quotes something that needs to be edited? Poor fucker is gonna get nailed by the feds and get 5 to 10 in the State Pen.
_________________ FIRST SEAL BRINGS PESTILENCE. Small Time Rippers - 2003-2008 - R.I.P. 'Do I look like someone who cares what God thinks?'
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slasherman
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Posted: Mon Mar 12, 2007 7:48 am Post subject: |
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Will Tear Your Soul Apart Joined: Tue Oct 24, 2006 11:08 am Posts: 577
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TaKYoN wrote: | Vae Victis wrote: | TaKYoN wrote: | slasherman wrote: | Ok thanks  ..now I know what building to bomb next |
Edit ya post quick or the Feds will nail ya. You can't say shit like that, threaten with anthrax now, that is old hat and no-one cares anymore LOL |
second quote for evidence. The feds are gonna get ya.  |
What kind of idiot quotes something that needs to be edited? Poor fucker is gonna get nailed by the feds and get 5 to 10 in the State Pen. |

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Symbolic
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Posted: Sat Mar 31, 2007 5:35 pm Post subject: |
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Skull Full Of Maggots Joined: Sun Mar 18, 2007 9:07 am Posts: 37
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slasherman wrote: | TaKYoN wrote: | Vae Victis wrote: | TaKYoN wrote: | slasherman wrote: | Ok thanks  ..now I know what building to bomb next |
Edit ya post quick or the Feds will nail ya. You can't say shit like that, threaten with anthrax now, that is old hat and no-one cares anymore LOL |
second quote for evidence. The feds are gonna get ya.  |
What kind of idiot quotes something that needs to be edited? Poor fucker is gonna get nailed by the feds and get 5 to 10 in the State Pen. |
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lol. 
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wargand
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Posted: Sat Mar 31, 2007 6:32 pm Post subject: |
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The Devil, Probably Joined: Mon Jun 09, 2003 1:04 pm Posts: 2497 Location: In the darkest spot of your soul.
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Symbolic wrote: | slasherman wrote: | TaKYoN wrote: | Vae Victis wrote: | TaKYoN wrote: | slasherman wrote: | Ok thanks  ..now I know what building to bomb next |
Edit ya post quick or the Feds will nail ya. You can't say shit like that, threaten with anthrax now, that is old hat and no-one cares anymore LOL |
second quote for evidence. The feds are gonna get ya.  |
What kind of idiot quotes something that needs to be edited? Poor fucker is gonna get nailed by the feds and get 5 to 10 in the State Pen. |
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lol.  |
Just wanted to add a layer. Like the pattern. 
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