That is why we are saying Odex might have no case but by using legal jargon and sending letters, they make it seem like they have. And force parents to just pay up and hush hush the whole matter. The parents dont know their rights and most are not interested to know, they auto think they are in the wrong.
I don't think we can say for sure Odex don't have a case, this is not tested in court yet. As you have mentioned, Odex MIGHT not have a case. Key word being MIGHT.
What have already been tested in court is that Singnet have already lost their case to prevent Odex from getting the IPs of suspected down-loaders, base on Odex's case of going after illegal down-loaders, which in my limited layman's understanding seems to mean the court agreed with Odex that since downloading is illegal, they have a case to go after them.
The crux of the matter is that downloading is illegal, how Odex is going to prove to the courts, how much they are going/willing to spend, how much will be the damage and more importantly, if this will be followed by a criminal charge by the AG office is something which no one knows for sure but is a very real possibility.
This being the case, which parent is willing to take the risk?