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Active: 601 users

Pay or else piracy sue. In need of advice.

Blogs > boon2537
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1 2 3 4 Next All
boon2537
Profile Blog Joined October 2010
United States905 Posts
Last Edited: 2011-08-18 06:45:12
August 18 2011 03:43 GMT
#1
Edit#3 This is probably not a scam. Many people got sued for this. (some link as proof: + Show Spoiler +
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/07/14/BUG51KA26R.DTL&tsp=1
http://www.reddit.com/r/AskReddit/comments/es6uw/my_mom_got_a_letter_from_an_attorney_today_about/
) Thanks for all the replies, but I feel like some doesn't even read the whole blog >.>

Ok, I never think that I would make a blog (my life is so uninteresting), but I'm in some bad shit right now. As the blog's name suggested, I'm getting sued for piracy. I feel like the lighting just hit my wallet. Fucking unfortunate.

So here's the story. The entertainment industry is trying to get its money back from pirates by using the pay or else scare tactic, forcing an unfortunate or uneducated pirates to pay hundreds to thousands for early settlement to avoid a costly lawsuit. I am among the unfortunates (actually, I am the uneducated. I never bother to use VPN or peer guardian to make myself safe.) The funny part is from all things I pirated I got sue over porn -_- . Thinking right now, it's understandable that porn industry would want a lot of money from pirates, but...porn that I barely watch...really? fml.

The settlement offer is $3,400 and will expire at the end of this month. Is there anyway for me not to pay the settlement and avoid the lawsuit? or do I have to accept my fate and stupidity. I started to do some research on this and learned that most lawsuits never go to court; still, I don't know anything about law so I don't want to make any risky move. I would be very grateful if anyone can give me some advice.

Take note that I'm 17 , studying abroad in the US and living with my aunt. So any lawyer up would be a bit awkward and complicated. ***massive sigh***

TL DR; If you use torrent, make some effort to protect yourself or you're gonna get fucked like me. Any law advice would be grateful.

Edit: Just hit F5 and instantly see a reply, damn TL is fast. Perhaps I should be more specific about the details. I got a letter from Steele/Hansmeier, PLLC An anti-piracy law firm. They have my IP address, the download date, the file I downloaded, pretty much everything

Edit#2 : Ok, now I need to let off some steam. I'm 17, studying abroad in the US and living with my aunt who is a pediatric doctor. She just came to my room and said her record might get ruined forever (Some people probably doesn't want a pediatric who download porn to nurse their children. Understandable. but how can some be that judging. Sometimes I just hate people and myself.) , and, of course she is disappointed in me ( she thought I'm just an innocent nerd who plays videogames all the time. That's 99.99% true, but this incident just fucked everything up.) FUCK. If I live by myself and provide for myself, I would gladly accept this lawsuit consequence. But dragging my aunt down with me makes me feel 1million times worse. Fuck, I have tears in my eyes more than when I watch GoT + Show Spoiler +
when Ned dies
, Madoka, and Steins;Gate. DAMN IT !!!

***
micronesia
Profile Blog Joined July 2006
United States24667 Posts
August 18 2011 03:45 GMT
#2
Most of the people here aren't lawyers so I suggest you talk to them instead of us.

However, you might want to point out some more specific information like what exact evidence they have, how you pirated the file, etc.
ModeratorThere are animal crackers for people and there are people crackers for animals.
Hidden_MotiveS
Profile Blog Joined February 2010
Canada2562 Posts
Last Edited: 2011-08-18 04:17:32
August 18 2011 03:52 GMT
#3
No choice but to pack up your bags, get a fake mustache, change your name to Juan, and catch the next bus to Mehico my friend?

Seriously, I Dunno what you should do since I don't know what evidence they have. If they only have IP addresses, you can clear your computer of the porn, defragment the folder, and then switch to a new IP by just turning off your router for a night, or going into the router configurations if you're daring enough. Then just delete the email, and claim someone else used that IP. Clear your browser cache and defrag that too. Then just claim ignorance.edit: keep the email. Don't claim ignorance of it.

"What email? I didn't get an email telling me to pay $3400 by the end of the month"

I don't want you to take my advice though. It's too much responsibility if you do get taken to court. I hear the maximum fine is quite high.
itsjustatank
Profile Blog Joined November 2010
Hong Kong9153 Posts
Last Edited: 2011-08-18 03:54:11
August 18 2011 03:53 GMT
#4
Lawyer up. Nothing anyone says on this forum is actual legal advice; you should not rely on it. You need proper legal representation.

Edit: Also, talking about the specifics of your case online ruins any confidentiality, so try to avoid doing that too.
Photographer"nosotros estamos backamos" - setsuko
Sky0
Profile Blog Joined June 2010
United States214 Posts
August 18 2011 03:57 GMT
#5
I imagine its a scam. Lawyer up to be safe. But more then likely that amount is way to low for a piracy lawsuit/settlement
"We are not retreating, we are advancing in another direction"
Vinnesta
Profile Blog Joined April 2010
Singapore285 Posts
August 18 2011 04:05 GMT
#6
I'm sure there are lawyers on TL, but... Since it is their JOB, I doubt any lawyers will give you much in-depth advice here. Lawyer up!

+ Show Spoiler +
Feel free to prove me wrong, lawyers!
Same difference is not an oxymoron!
Chairman Ray
Profile Blog Joined December 2009
United States11903 Posts
August 18 2011 04:13 GMT
#7
I would recommend talking to the TL lawyers for their input

http://www.teamliquid.net/forum/viewmessage.php?topic_id=84245
SarR
Profile Joined June 2011
476 Posts
Last Edited: 2011-08-18 04:21:23
August 18 2011 04:18 GMT
#8
Im really curious as to how this happened and how it works. I mean do they have some way that they monitor torrent downloads and if so do they make a list of people and just target some at random ? How do they obtain the locations of illegal file sharers. How did they find you ? Who is bringing these charges against you ? The state ? The music porn industry ? An individual acting on their behalf ?

Given that millions of people the world over use torrents and given its somewhat decentralized nature(not client/server), its beyond me just how something like this can happen to someone.

Im not a lawyer so I cant help and im sorry, I wish I could, but Ive always wanted to know the details behind incidents where people actually got sued for torrents and other media obtained via p2p networks. Ive never had to opportunity to interact with someone who has actually been sued for it. I apologize for my inquisitive nature but would it be too much trouble to give a little more background into this ?

Thx .
N.geNuity
Profile Blog Joined July 2009
United States5112 Posts
August 18 2011 04:19 GMT
#9
porn industry eh? maybe there is something you could offer them in return....
+ Show Spoiler +
whatever, had to be done. Someone can do better with this joke.

lawyer up is good advice.
iu, seungah, yura, taeyeon, hyosung, lizzy, suji, sojin, jia, ji eun, eunji, soya, younha, jiyeon, fiestar, sinb, jung myung hoon godtier. BW FOREVERR
Gatsbi
Profile Joined April 2010
United States1134 Posts
August 18 2011 04:21 GMT
#10
Be wary... there's lots of scams around this sort of stuff.
"IF WHAT YOU DO NOT KNOW IS MORE THAN WHAT YOU HAVE KNOWN. THEN YOU HAVE NOT KNOWN ANYTHINIG YET." - Rev Kojo Smith
SarR
Profile Joined June 2011
476 Posts
Last Edited: 2011-08-18 04:25:19
August 18 2011 04:24 GMT
#11
If they have the file name, and the time and date he obtained the media, chances are its no scam.
lizzard_warish
Profile Joined June 2011
589 Posts
Last Edited: 2011-08-18 04:24:35
August 18 2011 04:24 GMT
#12
I doubt the porn industry would actually fight a legal battle with you, it would be more cost than its worth. If you try to fight it they will probably just drop the case or low ball it massively and your'll get out of your issue with a very small pay up. Its not dissimilar from a traffic ticket in those regards I'd expect.
Chairman Ray
Profile Blog Joined December 2009
United States11903 Posts
August 18 2011 04:25 GMT
#13
Oh, another thread you should definitely check out. I remember someone in Germany getting sued for something similar. Although a lot of the information doesn't translate to the US due to the US having different laws, some of the information in the thread is quite helpful.

http://www.teamliquid.net/forum/viewmessage.php?topic_id=156880
MagickMan
Profile Joined March 2011
Australia498 Posts
Last Edited: 2011-08-18 04:27:32
August 18 2011 04:26 GMT
#14
I don't know how it works in America, But in Australia the court wouldn't waste their time on a $3400 lawsuit.

$3400 isn't worth either parties lawyering up for and going to court... and the court will not accept a "its the principle that matters" argument.

However, the best advise is to just lawyer up, at least seek advise from a professional
SarR
Profile Joined June 2011
476 Posts
August 18 2011 04:27 GMT
#15
On August 18 2011 13:24 lizzard_warish wrote:
I doubt the porn industry would actually fight a legal battle with you, it would be more cost than its worth. If you try to fight it they will probably just drop the case or low ball it massively and your'll get out of your issue with a very small pay up. Its not dissimilar from a traffic ticket in those regards I'd expect.

The overall cost would be a lot cheaper if it actually discourages people from trying to get them illegally, at least that is probably what they are hoping.
Malgrif
Profile Blog Joined March 2010
Canada1095 Posts
August 18 2011 04:45 GMT
#16
i feel bad for ya bro, but at the same time i hope this will reduce piracy from happening as it's pretty much giving the finger to hard working people. i'd hire a consultant to see my options if i were you, and go from there.
for there to be pro there has to be noob.
Backpack
Profile Blog Joined March 2010
United States1776 Posts
Last Edited: 2011-08-18 04:45:35
August 18 2011 04:45 GMT
#17
On August 18 2011 13:27 SarR wrote:
Show nested quote +
On August 18 2011 13:24 lizzard_warish wrote:
I doubt the porn industry would actually fight a legal battle with you, it would be more cost than its worth. If you try to fight it they will probably just drop the case or low ball it massively and your'll get out of your issue with a very small pay up. Its not dissimilar from a traffic ticket in those regards I'd expect.

The overall cost would be a lot cheaper if it actually discourages people from trying to get them illegally, at least that is probably what they are hoping.


Yea, idk how they pick their targets specifically, but the idea is that you then come onto forums and the other posters get scared and delete all of their illegal materials and never torrent again.
"You people need to just generally care a lot less about everything." -Zatic
itsjustatank
Profile Blog Joined November 2010
Hong Kong9153 Posts
Last Edited: 2011-08-18 04:46:56
August 18 2011 04:45 GMT
#18
On August 18 2011 12:43 boon2537 wrote:

Take note that I'm 17 , studying abroad in the US and living with my aunt. So any lawyer up would be a bit awkward and complicated. ***massive sigh***



Get over the social awkwardness of the situation. Saving face with your guardian does not outweigh the significantly negative legal and economic impacts incorrectly responding to this will have.

Edit: Also awkwardness and losing face is potentially inevitable in your situation.
Photographer"nosotros estamos backamos" - setsuko
Jaxtyk
Profile Blog Joined December 2009
United States600 Posts
August 18 2011 04:50 GMT
#19
Goodness, getting sued over downloading porn? Must have been a worthwhile scene man. Best of luck to handling the situation.
To tell the truth....I could beat anyone in the world.
motbob
Profile Blog Joined July 2008
United States12546 Posts
August 18 2011 04:51 GMT
#20
http://abovethelaw.com/2011/03/suing-hundreds-of-anonymous-people-will-not-make-you-popular/

I would recommend that you ignore the letter. I would also recommend that you go see a lawyer for advice, since I am not an expert in copyright law.
ModeratorGood content always wins.
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