83-year-old grandmother is accused of illegally downloading Robert Redford movie

83-year-old grandmother is accused of illegally downloading Robert Redford movie

Postby dutchman » Mon Mar 07, 2016 6:04 pm

A Member of Parliament has intervened after an 83-year-old grandmother was accused of illegally downloading the Robert Redford movie The Company You Keep and hit with a demand for £600.

TCYK LLP is a US-based company set up to turn Internet piracy of the Robert Redford movie The Company You Keep into profit by tracking down alleged downloaders of the movie and sending them demands for cash.

After taking their case to the High Court in 2014, TCYK LLP were granted an order which forced ISP Sky to hand over the names and addresses of subscribers alleged to have downloaded and shared the movie without permission.

Last summer the first Sky customers began receiving letters from TCYK, which first laid out the company’s case and then asked for hundreds of pounds to make supposed lawsuits go away.

To those familiar with these cases it will come as no surprise that TCYK eventually screwed up. With nothing but a flimsy IP address and a time stamp for evidence they accused 83-year-old Sky customer Patricia Drew of being an Internet pirate.

“I’m upset to have been accused of something I didn’t do… how many other people has this happened to?” she said last month.

While many thousands of other individuals have been targeted in similar action in the UK, there’s nothing like picking on the elderly to enrage the public. As a result (and thanks to TCYK’s scattergun approach) they’ve now attracted the attention of Ms Drew’s local Member of Parliament.

Ian Austin is the MP for Dudley North and he says he is disgusted that the pensioner is being “bullied and hounded” for compensation.

“This company has made a ludicrous allegation,” Austin told Express and Star.

Ratcheting up the pressure, the MP says that he has written to Business Secretary Sajid Javid calling for action to safeguard consumers like Patricia.

“I am waiting to hear from the Business Secretary to see what action the Government plan to take on this disgraceful behavior.”

parliamentIan Austin says he will also raise the matter in Parliament and if he keeps to his word this will be yet another occasion that so-called “copyright trolls” have attracted the attention of Parliament and indeed the House of Lords.

“It is clearly a loophole in the law that allows them to behave like this. The only way this will stop is if our lawmakers step in and take action,” says Dave Drew, Patricia’s son.

“My mother is stunned by what is going on but there is no way we will be paying up.”

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Sky Broadband were not "forced" to hand over subscriber's personal details, they could have easily contested the case (as many other ISPs have done) but chose not to.
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Re: 83-year-old grandmother is accused of illegally downloading Robert Redford movie

Postby rebbonk » Mon Mar 07, 2016 6:19 pm

Are we aware of anyone contesting these 'demands' ever being successfully prosecuted?

An ISP number proves very little to my mind, anyone could be on that line and I'm not aware that it's the responsibility of the customer to keep the ISP secure.
Of course it'll fit; you just need a bigger hammer.
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Re: 83-year-old grandmother is accused of illegally downloading Robert Redford movie

Postby dutchman » Mon Mar 07, 2016 6:41 pm

rebbonk wrote:Are we aware of anyone contesting these 'demands' ever being successfully prosecuted?


No but there have been default judgements granted where the accused failed to respond to the accusation.

rebbonk wrote:An ISP number proves very little to my mind, anyone could be on that line and I'm not aware that it's the responsibility of the customer to keep the ISP secure.


In a civil case the plaintiff only has to show that a person was "more likely than not" to have done something in order to win compensation, absolute proof isn't required.

An IP number plus a date stamp is "reasonable proof" that a person's internet connection was used although not that they used it.

Also under UK law a copyright case cannot be brought by a third party, only by the original copyright owner. The boss of a well-known video company once threw a fit when I pointed this out to him. After speaking with his legal adviser he admitted I was right.
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