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Game Makers Accusing Innocent People of Piracy In the UK
eldavojohn writes "It's a topic that a lot of game makers like Atari don't want the public hearing: game makers wrongfully accusing clearly innocent people of piracy. From the article, 'According to Michael Coyle, an intellectual property solicitor with law firm Lawdit, more and more people are being wrongly identified as file-sharers. He is pursuing 70 cases of people who claim to be wrongly accused of piracy and has spoken to hundreds of others, he told the BBC.' If only a few are coming forward after receiving extortion letters ('Pay £500 OR ELSE!'), what's the actual number of those out there being wrongfully accused?"
Proudly trying to match or outdo the US in hostility towards own citizens, since 2001.
That's called upping the efficiency... of course they'd earn more if people hired them to defend them in court, but that would be actual WORK.
I'm just surprised they haven't switched to emails with Paypal links in them.
Shared methodology of most content makers lately:
Old plan: Compete and make a better game. Get people to part with their money on the basis that your content is best. Convince them your game will improve their life.
New plan: Produce garbage no one wants. Restrict it so much it's unusuable. Treat your customers like criminals when they don't buy. Sue people almost indiscriminately (on the flimsiest evidence) to make up for short fall.
What the fuck happened? It feels like I'm in the twilight zone!
These posts express my own personal views, not those of my employer
What other industry could thrive so much on failure?
Weather forecasting
What?
I'm gonna sue because someone else used my IP address of 127.0.0.1 in their anti-piracy logs.
Take Nobody's Word For It.
Think this comic sums it up nicely: http://xkcd.com/488/
My only surprise is that they haven't subcontracted it to lawyers in Nigeria ...
Brb. Drafting form 'copyright infringement' letter.
IANAL also but I've done my bit when (successfully) defending myself against a litigious company.
In the UK, for any amount less than (I think) 5K, there is a sequence of events a plaintiff MUST follow in order for his case to hold water.
The first is he has to be reasonable, presenting reasonable reasons and evidence to back himself up. If he does and you don't reply then he has to go to the small claims court. When he does so the burden is upon him to reasonably show the court he is in the right.
Before it gets to court he has to fill in a proforma setting out his case. At that time you have the option to admit or reject or ask for more information (to which you do).
If he persists, the court may award him the £500 but NO MORE. THe whole point of small claims is that legal fees are not admissable. It removes the extortion angle.
SO if you get this letter. Here's what you do:
1. Be polite and reasonable, but ask for details.
2. Then ask for more.
3. And more.
(They will probably give up at this point as its costing them more than £500 already just to deal with your reasonble queries)
4. Be terse. You can easily hang yourself with enough rope, but so can they.
5. When he goes to the court ask for even more information.
6. Finally, reject and give reasons why. Be terse.
7. Go to court.
8. If - IF - you lose, explain to the court how poor you are. Ask to pay £1 a week.
9. Then don't
10. Now the lawyer has to return to the court for a payment order (ie bailiffs)
All this takes time (money). Basically, its very hard to get money out of someone who flat out doesnt want to pay. Its only even remotely worth going after someone if the case is clear cut and the sum is in the many thousands.
They will send all kinds of horrible letters for about three months then give up. If they are upsetting you then tell them to desist or you will complain about harassment to the police and report them to their trade association.
IANAL and this is NOT advice.