Atari summons for £585

[Fast_Eddie]

I've just received a letter from Davenport Lyons demanding payment for £585 for (attempting) to download a NOdvdCrack using a P2P network.

An admin can easily check my posts on this board and see that i had trouble getting online with TDU, i was therefore told the game worked fine with the NOdvdCrack, i ATTEMPTED to download the ***** via a p2p client, i NEVER actually completed any download as i managed to get the game working online by forwarding ports on my router.

Here is a copy of the letter sent Davenport Lyons:

Dear Sir/Madam

You've just sent me a letter demanding payment for £565

There is NO WAY i owe anyone this money for Atari Test Drive Unlimited, there are 2 pc's in my house and 2 legitimate copies of Test Drive Unlimited, bought and PAID FOR, and i have the proof.
The file i attempted to download was for a No DVD *****, this is a small file allowing the user to play said game without needing to hunt for the DVD (which is paid for), upon seeing the size of the file coming down, the download was CANCELLED and i never actually received the file, since then we have used our DVD's to play the game LEGITIMATELY, i DO NOT and NEVER HAVE had a copy of that file for use OR upload to any other parties.

I have 2 legitimate copies of the game, ATARI have in no way had their copyrights infringed upon by my self or any other party at this address.

Receiving this letter is a complete shock to us, as we are legitimate owners of the TITLE in question, and in no way seek to defraud ATARI of any due payments.

How can I prove to you that i have never been in possession of the 'CloneDVD' and that i DO HAVE 2 Legitimate copies of TEST DRIVE UNLIMITED??
And therefore I completely REFUSE to pay damages, when ATARI have had their money from us.

Your Faithfully,
(Me)
********************************************


Could an admin please give me contact details or some help as to Validate the fact that i have 2 legit copies of the games therefore 2 legit CD keys, i'm looking at them now, 2 boxes with 2 DVD keys, ALL MONEY paid upfront to ATARI.

I have NEVER executed illegally cracked code from ATARI on either of my home PC's, why the hell would i download the game if i've already bought 2 legit copies?????
WHY WOULD I DO THAT???

Just because Atari is facing financial troubles it does not give them the right to EXTORT money out of GENUINE customers!

Any help in clearing this matter up would be greatly appreciated, it's going to be costly to both parties myself and Atari to eventually have my name cleared, You will not get one more penny from me, I AM LEGIT, and i have the proof, i can't post my Cd keys here for obvious reasons, so who do i speak to who can confirm i do actually own 2 copies.

NEVER has cracked copyrighted Atari code been executed or made available for upload on either of my PC's......NEVER.
madred:

[Mr_Reaper]

That's quite sad, obviously atari have missed some details out here I hope you can sort it out with them

why don't atari release a LEGIT nocd patch which people can use if they want, i'm sure they could make something which can't be misused by people who do have illegal copies.

There are legit nocd patches for other games made by the makers themselves, one game being X3 Reunion, a no cd patch was included with an update.

[Fast_Eddie]

That's quite sad, obviously a breakdown in communications somewhere, why don't atari release a LEGIT nocd patch which people can use if they want, i'm sure they could make something which can't be misused by people who do have illegal copies.

There are legit nocd patches for other games made by the makers themselves, one game being X3 Reunion, a no cd patch was included with an update.

Thanks, and you're right, using a nocdpatch isn't and should never be illegal, having 2 legit dvd's around can be confusing to say the least, i put the DVD and the game won't run...grrrrrr it's the wrong one!!! Off i go to hunt for the other legit DVD.

A lot of game makers now are allowing the execution of their software without the cd/dvd now, because they know people are searching for the nocdpatches which invariably has people downloading dodgy software!

And it isn't illegal to make backup copies of your legally bought software, therefore nocdpatches areneeded to run the backups, there is no infringement of copyright in doing that,


Besides which i never completed the download, so therefore there has never been the execution of dodgy software on my pc's, and i certainly would not make anything available for upload knowing that i'm defrauding Atari.

It's just plain WRONG to demand this money from a legit customer.

[Mr_Reaper]

Obviously no cd patches CAN be used illegaly, for instance if someone has downloaded the game illegaly they would need the patch, but in your instance they also have legit uses. You could always give their legal dept a call.

I won't comment in detail as I don't want to get on the wrong side of atari, i've got no quibbles with them, but hopefully things can be worked out amicabally, like I said if atari dont want people using dodgey patches, then imo they should make there own legit patch which people can use legally, problem solved.

[Fast_Eddie]

Obviously no cd patches CAN be used illegaly, for instance if someone has downloaded the game illegaly they would need the patch, but in your instance they also have legit uses. You could always give their legal dept a call.

I won't comment in detail as I don't want to get on the wrong side of atari, i've got no quibbles with them, but hopefully things can be worked out amicabally, like I said if atari dont want people using dodgey patches, then imo they should make there own legit patch which people can use legally, problem solved.

Quite right, i am currently pursuing the matter with davenportlyons, though it would be nice to deal with Atari direct, i won't pay what they're demanding so they can take me to court and find out the hard and expensive way that i am infact innocent and legit with 2 license keys, the fact i made a boo boo with a p2p client and then cancelled quickly, will be seen by the courts as innocent.

i'm not sitting here in a stripey jersey, with earrings and cutlass going "oo arr me matey's" knowingly ripping off Atari and laughing into the night as i escape with my bountiful illgotten gains (closely followed by my trusting Parrot).

[kalniel]

Thanks, and you're right, using a nocdpatch isn't and should never be illegal,

Incorrect. Use of a no-cd patch, where the CD is the copy protection mechanism, without the copyright owners permission is illegal full-stop in the UK and Europe. (See copyright act).

As such further discussion on the topic is not allowed on these forums.

OP, I'm pretty sure you will be fine - just write back to the people who sent you the letter and fully explain the situation. Try and stay calm in your communications - explain you didn't know the situation and show you weren't trying to pirate the game. Even if you did have Atari contact details it wouldn't help, because this is a joint action by several game publishers against lots of people - ie someone will be acting on Atari's behalf so they won't necessarily know of all the cases.