my reply would be ...
I refer you to the reply given in the case "Arkell v. Pressdram" ,1971 ....
Lawyers for the consumer rights lobby Which? have filed an official complaint to the body that regulates solicitors over Davenport Lyons' campaign of letters alleging illegal filesharing. For several months Davenport Lyons has been sending letters to individuals accusing them of pirating videogames via peer-to-peer networks, …
Sounds like it so far.
Everyone here knows the intricacies of trying to determine blame (for copyright infringement) based on IP address, so I won't bother going into that.
I can't wait until someone points out that 'using P2P <> copyright-infringing sharing', and see the puzzled look on the lawyers faces.
I wonder how they will justify an infringement penalty raising over time 'well it does cost us £500 a letter you know'?
It's a real shame that defense lawyers aren't free, that would probably help with fraudulent accusations.
If someone dies from a heart-attack (or whatever) from reading one of these letter does that make DL complicit to murder?
Anyway I hope that DL have to pay compensation for those who have been falsely accused because DL thinks that bullying people for money is acceptable.
Finally, a consumer group gets involved and makes some valid criticisms about this heinous bullying tactic... Early days for sure - but what happens if Which?'s complaint is upheld and Davenport Lyon's are told to pack it in?
If failing to secure a Wi-Fi access point is no longer grounds for legal action, then does that mean it becomes a valid defence?
I expect financial penalties and disbarment to hurt them far more than beheading. Then the monies recouped from those financial penalties could be distributed amongst those who have suffered at the hands of Davenport Lyons' despicable practices.
The point Mark_T has raised makes me think they will suffer no more than some minor finger wagging in their direction, augmented by a few looks of disapproval. When in all reality the practice and offices should be shut down.
reported to Police, or even better pop down to our local Magistrates Court and issue a Summons
yourself (its easy really easy just write a letter to Clerk of Court detailing what offence, offender etc and he will then issue and serve a Summons on them ) under the section 1 of the Malicious Communications Act 1998 http://www.neiladdison.pwp.blueyonder.co.uk/comm.htm
That will at least get matter determined. Also please note: that ANY third party (hint hint TheRegister) is allowed to issue a Summons even if they are not a party ,believe it or not.