EPTFirst time getting sued, Info needed. - Page 2
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TheGreatWhiteHope_
United States335 Posts
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Blix
Netherlands873 Posts
 )personally i have insurance against legal costs | ||
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dudel
Germany188 Posts
Here is a link on that: http://www.it-recht-kanzlei.de/100-euro-abmahnung.html Also your lawyer will help you to write a modified cease-and-desist declaration ("modifizierte unterlassungserklärung"). | ||
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No_Roo
United States905 Posts
For your own protection I would be very careful not to make any statements/phonecalls or anything to the company threatening you because it can only harm you, seek legal council first. For example, if they call you up and complain just hang up the phone, don't tell them something like "I didn't download 'Blood' I downloaded 'Blood+' ". Don't give them any free info at all. I really hope you do not end up paying any money, and if you are able to follow your legal councils advice you have a good chance of not paying anything. good luck! | ||
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JQL
United States214 Posts
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Blackou
France38 Posts
On September 30 2010 02:36 JQL wrote: . They have pretty much caught you downloading their copy righted works and have solid evidence. Your best to respond and ask for a settlement discount since both of you wont want to deal with attorney fees and the court.. | ||
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No_Roo
United States905 Posts
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Amber[LighT]
United States5078 Posts
The album wasn't even that good! | ||
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Biff The Understudy
France7813 Posts
You need advice, from someone who really knows the shit. Don't pay, and get an appointement asap with a lawyer. | ||
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squintz
Canada217 Posts
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Postaldude
Sweden180 Posts
really it's super doubtful they can actually prove you did download that file. I mean for gods sake there's even a generator that generates fake pictures of you being a peer and you can select which type of torrent/software/os its taken on. And its years old!. It is almost impossible for them to accurately prove you are/were guilty so If you push it they will no doubt either lose or turn down the case. But that's only if u can get a lawyer that understands these things and there have been people unlucky or stupid to end up paying the bully. Link to a generator: + Show Spoiler + http://piratbyran.org/bevismaskinen/ example: + Show Spoiler + Edit: to conclude I also want to mention that because of this reason, most cases in sweden revolving this have had warrant to take the accused computer and they pretty much strike at once | ||
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Zappymong
United Kingdom44 Posts
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mgj
191 Posts
"We can afford going to court. We know you dont. Pay us xxx or we will sue you for xxx * 3 !" Bullshit. 1. They dont have any proof. A screenshot or filename proves nothing. They rely entirely on the fact that normal people do not have the time/money/effort to go to court over this. 2. What do they want next? "Yeah we did not make enough money this month, lets send out some letters threatening people to pay us.... OR ELSE!" Scary thing is its actually working. I wish you the best of luck against these bullies. | ||
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Postaldude
Sweden180 Posts
On September 30 2010 02:56 Zappymong wrote: I'm not sure about German law, but in the UK just proving that you IP downloads the file isn't sufficient evidence to prove you infringed copyright. There are varying methods that they need to use to prove it, either finding it on your computer or using a bullet-proof method of detection that your computer downloaded that file (not your network). As I say though, this may not be pertinent in Germany :/ As others have said, get a lawyer! This And since you mentioned this i also want to say that you can spoof pretty much anything. spoofing your MAC adress for an example takes about a minute if you know what you're looking for and what to do (which anyone familiar with a computer can do) edit: On September 30 2010 02:56 mgj wrote: I dont really support piracy, but these bully tactics really shouldn't be rewarded. "We can afford going to court. We know you dont. Pay us xxx or we will sue you for xxx * 3 !" Bullshit. 1. They dont have any proof. A screenshot or filename proves nothing. They rely entirely on the fact that normal people do not have the time/money/effort to go to court over this. 2. What do they want next? "Yeah we did not make enough money this month, lets send out some letters threatening people to pay us.... OR ELSE!" Scary thing is its actually working. I wish you the best of luck against these bullies. even if they got image proof as i posted above it can easily be faked | ||
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RaptorX
Germany646 Posts
On September 30 2010 02:42 No_Roo wrote: Actually how are the courts set up in germany? If he were being sued in america for $1000 they would only be able to sue him in small claims court which if anything would heavily favor the little guy, court fees would be somewhere around 50-100$, well worth the high chance of such a case being thrown out entirely. Are german courts configured similarly? you see this is the kind of info that im looking for, if that is the case here in germany as well then i dont mind paying around that sum or whatever just to get them off me and avoid paying lawyers and the hassle of going to court, but those assholes are asking for almost $1000 which i dont have and dont think fair. I will look on to it... @miramax thats another good info, i will go and check on that as soon as possible. I do not speak fluent german which is another reason why im eager to solve this without going to court and stuff but here is part of the document: Unsere Mandantshaft hat festgestellt, dass Sie fuer das illegale Angebot zum Herunterladen von urheberrechtlich geschutzten Bild-/Tonaufnahmen ueber die Tauschboerse bittorrent verantwortlich the bold was not added, thats the way it is in the document. then they mention: Die Gerichte gehen bei illegalen Angeboten urheberrechtlich geschuetzter Werke in Taushboersen von mindestens EUR 10.000,- Streitwert pro Werk aus: -- big quote here from Amtsgerich Muenchen, 19.10.207,AZ. 142 C 19823/07 @Postaldude I understand... also i do find it doubtful that they can even prove that I downloaded the file considering that i have 2 pcs behind this router and this router has wireless connection on which even though password protected i have seen guys cracking wireless pass with my own eyes... thats the reason i mentioned earlier that their case might not hold up in court, but i might be wrong as i have never been to court before. | ||
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Lurker87
United States172 Posts
If you have not implemented any methods of "covering" your tracks on the internet, then I'd say talk your ISP first. Maybe you can clear it up. If you have any possible access to free legal advice, I'd take it, even if it is just a friend or relative. They may know something of value. | ||
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sOvrn
United States678 Posts
Furthermore, I would think that you don't want to admit to anything that you could potentially avoid doing as this may come and bite you in the ass later on. By signing and paying you are basically saying "yes I am admitting to breaking the law" and who knows if that could be a possible element to another more serious charge. Definitely get a lawyer. Don't get frugal with the money since it's better to be safe than sorry. Just as you are thinking that spending this money is a pain, it will also be a pain for the other party and they may not even go forth with the action. Get a lawyer... now. | ||
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RaptorX
Germany646 Posts
On September 30 2010 02:48 squintz wrote: Right now your opponent's defenses are weak from having just rushed you and trying to take out your econ. You need to make an aggressive timing attack! Counter-sue your ISP company for revealing your personal information to said Film company. funniest thing i have read in a while xD -- they can take away my money, they can take away my pride but they will never take away my sense of humor. thanks for lightening up the mood. :D | ||
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Postaldude
Sweden180 Posts
On September 30 2010 02:59 RaptorX wrote: @Postaldude I understand... also i do find it doubtful that they can even prove that I downloaded the file considering that i have 2 pcs behind this router and this router has wireless connection on which even though password protected i have seen guys cracking wireless pass with my own eyes... thats the reason i mentioned earlier that their case might not hold up in court, but i might be wrong as i have never been to court before. As I tried to point out (i suck at forums really i hate discussing on it im much better verbally) there is no way they can prove you are actually guilty unless they confiscated your computer and found the file there, no way. Only one to blame if you lost the case is yourself/lawyer for not pushing this edit: It's like being accused of murder when they have no other proof than a hearsay of you having 'motives' to commit. It's so silly edit2: oh also i found something really interesting read you can do to give you more hope... + Show Spoiler + http://torrentfreak.com/judge-warns-of-end-to-file-sharing-cash-demands-100922/ | ||
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Piski
Finland3461 Posts
If I would be in your shoes I would consult with a lawyer before paying the fine or hiring a lawyer. | ||
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