Wikileaks: Davenport Lyons and DigiProtect Actionpoints for filesharers

[SealLion]

Some of us have heard of Davenport Lyons and their association to file-sharer's like you and me.

Here's the latest scoop from Wikileaks about this organization and I can tell you that it really puzzles me:

Released November 14, 2009
Summary

(en) German news-outlet gulli.com has received information from inside DigiProtect/Davenport Lyons about so called "Cease&Desist" letters. The most likely audience will be filesharers, who received a cease & desist letter by Davenport Lyons, ACS:Law, Kanzlei Kornmeier or any other lawyer, who works together with DigiProtect & Davenport Lyons. .......

I think that I made an earlier post about how Davenport Lyons doesn't consider persuing legal action if the defendant decides to defend him or herself in court.

Read on as there's more to what I just said and some inside information as to what I just speculated.

This document exposes how filesharers are "sorted out". Davenport Lyons are working with a rating-system.

So DL will, if your lucky and worthy enough of them having sent you a letter informing you that you must cease and desist what-ever file-sharing activity they don't want you to do.

I think it's because there's a lot of contention of the issue of file-sharing and the knowledge that is currently available of it and how, from a legal perspective, the plaintiff can still be somewhat on shaky ground.

Therefore, DavenPort Lyons may be hesitant on spending legal fees at any courts where they may have to go.
That's my opinion.


Here's the link:

Davenport Lyons and DigiProtect Actionpoints for filesharers, 14 Jan 2009 - Wikileaks

and here's the link about Davenport Lyons suggesting that they won't take legal action against you if you tell them that you're going to defend yourself.

That is, they are ranking prospective defendants over whether of not they should continue legal action against them.

Check this out too, if you like. :

http://www.sb-innovation.de/f57/torr...eration-16874/

[slikrapid]

its somewhat like H&R in torrenting - they hit you with a 'cease and desist' letter and if you fight back or show a lack of fear they leave you alone and move on (run) to the next file-sharer that may prove to be an easier prey (come to think about it, its similar to nature, where predators choose the easier prey or abandon the hunt if the prey proves resilient) afterall, there are millions of candidates available and having thousands of costly (and possibly lengthy) trials is a burden even for big corporations (as we know they are very touchy when it comes to profit loss or cutting costs)

now it would be nice if some lawyer created a generic 'official reply' letter to such demands and published it free on the internet, so that whenever a file-sharer gets a demanding letter he can reply with this generic one...sure would cause some confusion & disbelief at Davenport Lyons & the likes

[SealLion]

I'm sure that even lawyers, at least some might, do p2p'ing and just might, one of these days post one on the internet.

Who knows.....eh??

For Davenport Lyons et al, it's all about protecting profit related matters. DL gets paid by others. So it would make sense for them to act accordingly such that it looks as if they are acting responsibly and in the best interests of their clients.

After all. They don't want to lose clients, yes??

But if someone is demonstrating resistance, it wouldn't make economical sense to them. Losing money in courts, just like you say, is not worth it.

For them, they're probably thinking that its easier to go after the small potatoes by threatening them. However, if that person shows resistance, no sense in wasting money.

They're probably just thinking that it's just a couple of people downloading/uploading for the weekend or something. So 'leave them alone' is what they might be thinking.