Lawyers attack Which? over file-sharing "bullying" claims

 

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Posted on 12 Dec 2008 at 14:05

The firm of lawyers accused by Which? of "bullying" innocent people into paying file-sharing fines has launched a scathing attack on the consumer watchdog.

Which? said earlier this week that it had reported Davenport Lyons to the Solicitors Regulation Authority for for its "bullying" and "excessive" tactics.

The law firm demands compensation of £600 from people it claims to have caught illegally downloading copyright games, with charges escalating if customers don't agree to settle by a set deadline.

The consumer watchdog claims it "has evidence from people who, after repeated letters from Davenport Lyons, have been scared into paying compensation for something they didn't do." It cites one Scottish couple, aged 54 and 66, who were falsely accused of downloading the game Race 07.

In a statement circulated to journalists today, Davenport Lyons says it stands by its procedures. "Which? has accused us of ignoring evidence in defence," the statement claims. "This is untrue and we wonder how Which? could purport to know this or our state of mind."

Ironically, the lawyers' unsolicited press statement also criticises Which?'s decision to court the press. "We cannot speculate on Which?'s decision to take this course of action but note that the letter to the SRA specifically states its intention to engage with the media."

"We are surprised that Which?, a consumer group, should wish to attack so strongly a scheme which is designed to protect copyright, the theft and/or unlawful misappropriation of which costs consumers each year.

"Which? says it is acting on behalf of consumers generally, but we wonder how many consumers are frustrated that they continually purchase music, film and games legally while others make that copyright material available for others to download for free. The honest consumer ends up paying in the end."

Missing the point

Which? says Davenport Lyons is missing the point. "We've no objection to a business protecting its IP rights - we've got IP rights ourselves," Debroah Prince, head of legal affairs at Which? told PC Pro. "It's the way it's set about doing it."

"It has been bullying and intimidating," Prince continued. "We've raised our concerns with Davenport Lyons on a number of occasions, but it wasn't prepared to co-operate."

She challenges the law firm's claims of hard evidence of file sharing. "An IP address is not proof of copyright infringement," she claims. "It doesn't mean the person at the end of the internet connection is downloading copyright material."

"We've asked Davenport Lyons for details of how it obtains IP addresses, but it refused to give them to us."

Author: Barry Collins