FILE SHARING UK

# The Particulars of Claim then state:

"The defendant, someone authorised by him to use his internet connection, or someone who gained access to the defendant's internet connection due to the router to that connections having no or no adequate security was at all material times a user of the peer-to-peer ("P2P") file sharing software known as BitTorrent 6.1.2 which allows the user to share digital media content files on a network with other users ("P2P network")."
# In some claims different versions of the BitTorrent software is referred to but nothing turns on that.

# The Particulars of Claim pleads that the claimant, with the assistance of a specialist data monitoring company NG3 Systems Limited, monitored the unauthorised exploitation of the Work on the P2P network between 30 May 2009 and 30 September 2009 (in two cases the period ends in November 2009). During this time the defendant is alleged to have committed a number of acts without the licence of the claimant. The first two allegations are that the defendant has (1) reproduced of the Work (or a substantial part of it) by copying it onto their computer hard drive; and (2) made copies available on the internet to third parties for downloading using a P2P network. Allegation (3) is that the defendant has:

"operated, at the time of the identified infringement an internet connection router that was not secured either adequately or at all, so as to enable another to carry out an act of copyright infringement of the claimant's Work via the internet connection of the defendant."

Media C.A.T. Ltd v A to H [2010] EWPCC 1