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First time getting sued, Info needed. - Page 5

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The6357
Profile Blog Joined August 2005
United States1268 Posts
September 29 2010 22:39 GMT
#81
If i were you, I'd call the company ( i'm sure they have some kind of address and phone number listed in the letter) and find out if they are serious about the incident. You can decide from that point whether to pay them or take them to court...kind of simple matter.
2010 worldcup!! corea fighting!!!
krndandaman
Profile Joined August 2009
Mozambique16569 Posts
September 29 2010 22:43 GMT
#82
--- Nuked ---
esperanto
Profile Blog Joined May 2010
Germany357 Posts
Last Edited: 2010-09-29 23:15:48
September 29 2010 23:00 GMT
#83
As said before, go to the "Amtsgericht" and ask if they can give u a "Beratungshilfeschein", then go to an attorney and ask him what to to.
He will tell you if there is a chance to win the case or get the company to charge less money.

Dont write back on your own, it wont help anything since they will only spamm you with more charges and try to scare you.
Just dont get scared by a stupid company that wants to make money out of you (otherwise you would have gotten a letter from a court or the "Staatsanwaltschaft").
underscore
Profile Joined August 2009
252 Posts
September 29 2010 23:06 GMT
#84
On September 30 2010 07:25 Zocat wrote:
Ignore it (maybe ask a lawyer).

But make sure it is just from a law-firm not from a German court.
You can ignore ALL letters from lawyers. But if you receive one letter from court (afaik those are yellow) you should respond immediately (and definitely get a lawyer).

Also - did you sign anything when you got the letter? Or was it just in the mail? If it was just in the mail you always can say "I didnt receive anything from you" it's their job to prove, that you received the letter (via 'eigenhändig mit Rückschein' sent letters)


That's basically what I would do. If you want to ask a lawyer make sure he is specialized in copyright.
Regarding the Blood+, Blood controversy: I seriously doubt that a company in Germany would pay licensing fees for a Japanese anime that will never be sold on DVD or shown on TV.
It's an error by the company that tries tracking those movies they were told to. They just try to amass data, errors will happen, why should they care if someone innocent gets falsely accused.
ohlala
Profile Joined October 2007
Germany232 Posts
Last Edited: 2010-09-29 23:10:43
September 29 2010 23:09 GMT
#85
dont pay and send them a "modifizierte Unterlassungserklärung". also dont call them

find everything here http://www.netzwelt.de/forum/allgemeine-filesharing-diskussionen/48900-abmahnung-waldorf-alleiniger-zugangsinhaber.html

oh and use proxy for more privacy
Dagobert
Profile Blog Joined July 2009
Netherlands1858 Posts
Last Edited: 2010-09-29 23:23:42
September 29 2010 23:15 GMT
#86
Hahaha. Don't pay. Don't sign. Whatever you do, these two are the most important things. Filesharing is not a crime (in Germany). Quite literally. If the company (Constantin) itself did this, yea, you'd be liable (Zivilrechtsklage) and you might have to pay (if they had sufficient evidence to prove beyond reasonable doubt that you downloaded the file which infringed the copyright), but this is basically a scam.

Also, if you got a 'Rechtsschutzversicherung', you can go to court all day long without paying anything extra. It's quite cheap, and nobody's gonna want to fuck with you just for shits n giggles, they gotta have a solid case.
dybydx
Profile Blog Joined December 2007
Canada1764 Posts
September 29 2010 23:40 GMT
#87
go ahead and fight it. they have to prove in court that you actually have the movie they claim you to have. and given ur story, they have a damn hard time to prove it.
...from the land of imba
funnybananaman
Profile Joined April 2009
United States830 Posts
September 29 2010 23:48 GMT
#88
If you're innocent definitely either see a lawyer or ignore it. You shouldn't ever pay a fine for something you didn't do thats fucked up.
Stool
Profile Joined July 2010
United States15 Posts
September 30 2010 00:01 GMT
#89
Not sure if you are still reading the posts but believe it or not they lose money if they bring you to court. They are trying to milk people of their money who are afraid of going to court; they want this to happen, but do not want to go to court. This is how it is in the US at least, not sure how court fees are in other countries

I would suggest just doing nothing unless they do happen to take you to court which is very rare. Look at how common the MPAA/RIAA takes people to court in the US (never)
BlueBird.
Profile Joined August 2008
United States3889 Posts
September 30 2010 00:04 GMT
#90
do people really use torrents to download stuff still?
Currently Playing: Android Netrunner, Gwent, Gloomhaven, Board Games
Kishkumen
Profile Blog Joined July 2010
United States650 Posts
September 30 2010 00:10 GMT
#91
Is this the same Constantin Films that took down all the Hitler parody videos off of youtube? If so, they suck. Don't give them a penny.

More seriously, lawyers often will give you a free consultation. That is probably your best bet. I seriously doubt that you will be forced to pay 1000 euros for a download you can't even trace.
Weird, last time I checked the UN said you need to have at least 200 APM and be rainbow league to be called human. —Liquid`TLO
NuKedUFirst
Profile Blog Joined March 2010
Canada3139 Posts
September 30 2010 00:11 GMT
#92
You are definitely getting sued for the wrong thing. Take them to court and make an ass of them.
If you threaten to take them to court with a big ass letter i'm sure they will not go to court or lose the battle if blood and blood+ are owned by different companies.
FrostedMiniWeet wrote: I like winning because it validates all the bloody time I waste playing SC2.
SichuanPanda
Profile Blog Joined March 2010
Canada1542 Posts
September 30 2010 00:15 GMT
#93
I've gotten e-mails and letters about infringing on copyrights before but they were all from places outside of Canada. I ignored them all and nothing else happened. However I highly suspected many of them to be scams as most of the stuff was stuff I did not DL.
i-bonjwa
GrayArea
Profile Blog Joined December 2007
United States872 Posts
September 30 2010 00:17 GMT
#94
On September 30 2010 09:04 BraveGhost wrote:
do people really use torrents to download stuff still?

What are they using if it's not torrents?
Kang Min Fighting!
uNiGNoRe
Profile Blog Joined June 2007
Germany1115 Posts
Last Edited: 2010-09-30 00:30:20
September 30 2010 00:25 GMT
#95
On September 30 2010 02:59 RaptorX wrote:
Show nested quote +
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:

Show nested quote +
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.

Actually, the first quote is quite important because it says they accuse you of "illegaly offering the download of copyrighted audio/video material over bittorrent". So it's not about you downloading anything but about you sharing copyrighted material. So if they have proof that you shared that movie (which can be easier to prove since they could just have downloaded it directly from you) it might be a different story. I definitely suggest you get professional advice.
st4ck0v3rfl0w
Profile Blog Joined January 2008
79 Posts
September 30 2010 00:30 GMT
#96
On September 30 2010 08:40 dybydx wrote:
go ahead and fight it. they have to prove in court that you actually have the movie they claim you to have. and given ur story, they have a damn hard time to prove it.

Actually in germany the judges dont know shit about internet stuff. In some courts they believe everyone who has an ip address and a log, so you have to prove that you are innocent.
SweeTLemonS[TPR]
Profile Blog Joined June 2003
11739 Posts
Last Edited: 2010-09-30 00:38:19
September 30 2010 00:31 GMT
#97
On September 30 2010 02:04 RaptorX wrote:
Show nested quote +
On September 30 2010 01:53 Kennigit wrote:
A Google of constantin films + blood suggests that they have distribution rights to the blood series.

If it was me, i'd pay the fine - i can only imagine court costs etc will be much higher.


not sure where you got the information, but it doesnt look like that at all:

Blood: the film
http://www.imdb.com/title/tt0806027/companycredits

Constatin Films on the 5th spot

Blood+: the anime
http://www.imdb.com/title/tt0482855/companycredits

Dont see constantin films anywhere... they have no rights to the anime series which is the one i guiltily admit have in my PC.

So again as far as I can tell they have no business with me, or so I think.

--Edit

@Hawk
I will seek for a lawyer but i just wanted to have some info in my hands because here i might have to pay some hundred eurs just to consult one. >_>

@Grettin
I used Azureus at that time, i havent downloaded for a while since i am working on some little programs that i wrote so i dont have much time to watch stuff on the PC anymore.

@blix
agree and will do, just needed to know somethings before hand to not go like a complete ignorant (which i am) to the lawyer who i will probably have to pay by the hour... the quicker the session goes the better for me i guess, and going without no info will call for wasting time with some basic questions that might get answered here already

@blomsterjohn
haha, will try for sure


They appear to have distribution rights in Germany. Most lawyers consult for free in America, like to tell you if that thing is legit or not. I couldn't possibly tell you how it works there though.
I'm never gonna know you now \ But I'm gonna love you anyhow.
Eatme
Profile Blog Joined June 2003
Switzerland3919 Posts
September 30 2010 01:15 GMT
#98
On September 30 2010 09:10 Kishkumen wrote:
Is this the same Constantin Films that took down all the Hitler parody videos off of youtube? If so, they suck. Don't give them a penny.

More seriously, lawyers often will give you a free consultation. That is probably your best bet. I seriously doubt that you will be forced to pay 1000 euros for a download you can't even trace.

Yes, it's the same company.
I have the best fucking lawyers in the country including the man they call the Malmis.
Hollwoodxix
Profile Joined June 2010
United States25 Posts
Last Edited: 2010-09-30 13:25:02
September 30 2010 13:22 GMT
#99
On September 30 2010 07:22 justle wrote:
I work in entertainment licensing. Please note that searching for "Blood" on IMDb is not going to give you all the information you need to know about the product.

First, the company handling distribution/licensing for the film (especially in foreign markets) is usually not the production company (and most of the time the distributor won't be listed on IMDb).

Second, if they're accusing you of downloading something called "Blood" and you downloaded something called "Blood+" you are guilty. Obviously we can speculate about semantics (calling it a movie vs. a series, dropping the "+" out of the title), but you downloaded a product illegally and have been caught doing so. You don't know what company handles the licensing for either of these products and you shouldn't be looking at IMDb for the answer-- you SHOULD be calling the law firm and asking questions, asking for an extension while you look into this alleged piracy and try to clear it up, etc. You should also follow that up with professional legal advice.

A lot of distributors are putting files up as bait, meaning there is a very real possibility that what you are downloading is being tracked by those handling the licensing. They will send out similar letters to everyone they catch. Some will pay (that's a bonus), and some will fight it. They'll make the money back from piracy based on those that pay, and figure out if it's worth their while to fight the others. You might be able to save some money by paying a lawyer to get you out of this mess or you might save money by just paying the fee.




umm this is moronic to say the least. -500 diamond protoss


it is two ENTIRELY different companies that own the right to the seperate "Blood" movies/Series. The one this particular individual downloaded and the company that is "sueing" are not the one and the same. This isn't the government coming after you over illegal downloading. It is a private corporation.

This is like me catching you jay walking and then sueing you... HEY you broke the law so you have to pay me.... (umm wat) Doesn't matter if you broke the law against me, you broke the law in general.

Before making outlandish claims on your background id assume you would actually read the OP's description of what is taking place.

edit: and it isn't semantics or a technicality its outright false in their claims.
Zergneedsfood
Profile Blog Joined September 2008
United States10671 Posts
September 30 2010 13:28 GMT
#100
I've gotten letters like these in the mail.

They were all scams. If you haven't downloaded the file in question, and if you try to trace back the organization that sent you the letter, it should tell you if this is a scam or not.

I have a feeling it's a scam. I went through the exact same feeling when I received the e-mail, but a little advice and research helped me prove that there was nothing to worry about.
/人◕ ‿‿ ◕人\ Make a contract with me and join TLADT | Onodera isn't actually a girl, she's just a doormat you walk over to get to the girl. - Numy 2015
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