Are you being monitored?

21 November 2008

By Riyaz Jariwalla

Downloaded music recently? Question: Was it downloaded legally?

Lawyers for Digiprotect Gesellschaft Zum Schutze Digitale Medien GmbH are sending a wave of letters alleging copyright infringement of music that they claim they are owners of. One song in question is by Scooter, Jumping All Over the World.

Lawdit is being instructed daily by individuals who have been sent a letter from Digiprotect's lawyer threatening commencement of legal proceedings in the High Court unless they pay £500 within 21 days.

Whether you downloaded the file or not, the question many are asking Lawdit is how the lawyers are able to pin point who downloaded what and when.

The lawyers are using a software called Logistep ("the software"). This software is designed to monitor file sharing activity. The software logs on to file sharing servers in the same way a normal user would if using eMule, eDonkey, BitTorrent etc. Once connected a file name is inputted into the software search tool field. The server collects and sends a list of remote users that have the file name on their computer and sends a complete list to the software. The software logs the same. The software will attempt to connect to each remote user and force to download the file. If the remote user initiates a transfer the user's information (such as I.P. address) is recorded and the activity is logged in a database. The software will move on to the next user on its list.

Having obtained the I.P. address of users that have made available the music/film/game file, lawyers for the rights holder have sought a court order from the top 9 internet service providers: (1) BE UN LIMITED (2) BRITISH TELECOMMUNICATIONS PLC (3) EASYNET LIMITED (4) ENTANET INTERNATIONAL LIMITED (5) KCOM GROUP PLC (6) ORANGE HOME UK PLC (7) PLUSNET PLC (8) THUS PLC (9) TISCALI UK LIMITED.

These ISPs have been ordered to release the name and postal address of the registered subscriber or subscribers to each of the user's internet account or accounts that were assigned to the corresponding I.P. address.

This means that if you are the account holder to an internet service supplied by any of the above ISPs, irrespective of whether you are responsible for the download of any file, legal or not, the letter from right holders' lawyers will be addressed to you and will claim to hold you legally responsible.

Lawdit is defending many of its clients who claim and maintain the position that they did not download the game/music/film and have been subject to either (1) wireless internet security breach; or [more commonly] (2) a fellow house occupant who has shared the wireless internet connectivity, but is not the account owner, and has been responsible for downloading the file.

Contact Lawdit now on 023 8023 5979 or email us at solicitors@lawdit.co.uk if you have received a letter from Davenport Lyons and we will gladly assist and defend you if necessary. We are solicitors that specialise in internet law, namely intellectual property litigation.

Riyaz Jariwalla is a solicitor who specialises in intellectual property law and commercial litigation.