Golden Eye International Limited will shortly be sending out letters to almost 3,000 O2 Broadband customers, alleging they have downloaded pornographic films by Ben Dover Productions. If you receive a letter, then it is important that you do not ignore it in the hope that it will just go away.
What to do if you receive a letter
Ignoring the letter may allow Golden Eye to seek a court order against you for damages.
As far as we know, there has not been a case where judgment has been obtained at trial where a court has been able to evaluate all of the relevant issues. It is important to stay calm and to assess your options.
If you downloaded the film
If you have downloaded the film, as alleged by Golden Eye International, you may feel it is best to pay up. If you deny the claim and Golden Eye can later prove that you downloaded the film, you may be liable for a potentially substantial amount of money. It may be easier to get rid of this at an early stage while Golden Eye remains willing to settle for a relatively low sum of money.
If you didn’t download the film
Don’t feel unduly pressured to pay up to make the claim go away if you’re sure you didn’t download the film. While it may seem like a good idea to avoid the time, effort and potential embarrassment associated with the claim, it may be difficult to recover the money if you change your mind later.
How to get help
If you receive a letter then remember to stay calm. There are a number of online advice forums with input from people who are and have in the past been facing the same predicament as you. Your local Citizens Advice Bureau is also worth visiting for free and confidential advice.
Lawdit have experience of dealing with file sharing allegations, having fought ACS:Law when they began sending out letters to thousands of alleged file sharers in May 2009. Whilst Golden Eye’s approach isn’t identical to ACS:Law’s, there are definite similarities between the two. Golden Eye, however, cannot demand money in the same way that ACS:Law did. They will, however, try to reach a settlement with as many people as possible.
If you receive a letter from Golden Eye and would like to discuss it with us, please feel free to call us on 023 8023 5979 for a free chat or drop us an email on firstname.lastname@example.org. We’ll be happy to outline your options and to advise you on the best way forward.