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123 a road
We are writing in reply to your letter of claim dated [date] stating that our connection was used in an infringement of copyright, using peer to peer networks which allegedly occurred on the date [date of alleged infringement] and concerns the work ‘[name of alleged download]’.
You assert in your letter that the infringement was apparently traced to our internet connection. We note that we are not personally being accused of the infringement, as you have no evidence to this effect.
Nevertheless, we categorically deny any offence under sections 16(1) (d) and 20 of the CDPA 1988. We have never possessed a copy of the work in any form, nor have we distributed it, nor have we authorized anyone else to distribute it using our internet connection. We note that section 16(2) of the act requires a person to either directly infringe copyright, or authorize someone else to do so. We have done neither, and you have not provided any evidence of us doing so. As such we cannot and will not sign the undertakings as provided by you.
As you seem to be perfectly aware, it is impossible to link an IP address to a particular person or computer without further detailed analysis, which requires a level of expertise we do not possess. Furthermore the delay in your sending of a letter of claim precludes any such analysis. In your letter you state that “it is unlikely that a simple denial (without further explanation) will change our view of the circumstances”, unfortunately we do not have the expertise to provide a detailed explanation. As such we can only conclude that we have been a victim of foul play.
As far as we are aware, there is no law in the UK under which you could properly hold us responsible for an infringement occurring via our internet connection, without either our knowledge or permission. We would be interested to hear your legal basis for attempting to do so.
Please inform your clients that if they wish to pursue this matter further, we will seek to recover all our costs to the maximum permitted by the Civil Procedure Rules.
Jones household (DON'T SIGN THE LETTER)