SimonG: But the whole reason behind this isn't to get damages or anything, but to run a campaign with scare tactics intimidating parents to restrict their children PC access.
And to provide a source of income for one specific law firm. ;)
One of the things that I'm really, really curious about is how the contact between CDP and this law firm came to pass. These lawyers are known scoundrels (this is probably one of the things that you are reluctant to tell due to your involvement in the legal system, but I don't think there's really any reasonable doubt about what these guys are). They have been exploiting a loophole in the German law, and preying on P2P users, for years before the Witcher 2 incident. The fact that the majority of their victims were _probably_ pirates does not justify their draconian conduct. And if CDP really _knew_ whom they'd partnered with, then this would indeed cast considerable doubt on CDP's conduct as well.
I'm not so sure about this though.
CDP is a small company, and probably not very well-versed in the peculiarities of foreign law systems. The law firm _does_ look respectable on first glance, after all they do also business for a couple of well-known German publishers. And the law firm is very interested in convincing companies like CDP that they should partner up and extort money from pirates, because a good deal of this money goes straight into the pockets of the law firm.
Anyway, my point is: I'm giving CDP the benefit of the doubt that they may not have been totally aware of what they were doing. It seems that they have learned from their mistake, even though they are obviously trying to downplay the magnitude of it. The future will tell if they really have. :)