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First time getting sued, Info needed. - Page 6

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hifriend
Profile Blog Joined June 2009
China7935 Posts
Last Edited: 2010-09-30 13:35:44
September 30 2010 13:35 GMT
#101
On September 30 2010 22:28 Zergneedsfood wrote:
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.

Haha dude if it's a freaking e-mail how could it be anything other then a scam?
Neivler
Profile Blog Joined November 2008
Norway911 Posts
September 30 2010 13:36 GMT
#102
Now I have not read much in this thread.

But, before you get to the real court, you will be taken to a compromise meeting. At least that is how they do it in Norway (and Danmark). Since it is a small case it wont go directly to the court. If you get summoned there a judge will try to make you both come to an agreement. Then you can pay the bill and wont pay for the others lawyers.

I am not to sure about all this, but that is how it will most likly start. Wont cost you that much extra, and maybe you dont have to do it anyway if you are lucky
I pwn noobs
ooni
Profile Blog Joined March 2010
Australia1498 Posts
Last Edited: 2010-09-30 14:48:11
September 30 2010 14:47 GMT
#103
Okay guys, I am going to give an advice which will forever change your life. I mean forever.

Buy an used copy of whatever product you are getting sued for.
Tell them you could not find it so you downloaded it.
You found the product sometime after you downloaded it.

Yes, I understand the license specifies the fact you may only use your product, but this is a loop hole since the courts always (I mean always) re-examine EULAs.
Hi!
reki-
Profile Joined July 2008
Netherlands327 Posts
September 30 2010 15:01 GMT
#104
Pretty disgusting how they are able to send you that letter in the first place, definately put a call in to your ISP and don't hang up until you are at the bottom of it :<
>BD
Delerium
Profile Blog Joined December 2008
United States324 Posts
September 30 2010 15:31 GMT
#105
Has this been posted yet?

http://torrentfreak.com/acslaw-anti-piracy-law-firm-torn-apart-by-leaked-emails-100925/

It sounds to me like this is a legal fad that has come to Germany. For every X number of letters sent out, a certain percentage of people get scared and pay them money (when they shouldn't). So, law firms with no morals view it as profitable.

Write back and explain you didn't do anything. Keep copies of everything. A scare-letter is not a legal summons, don't treat it as one. Take it seriously, but don't be fooled.
HaSDe
Profile Joined August 2005
Germany87 Posts
September 30 2010 17:40 GMT
#106
As a german law student this sounds more and more like a scam to me. Recently there have been law firms sending letters out to people to basically just see if they are willing to pay. If you like advice plz forward me the message you got so I can get an overview on what's going on. However DO NOT BLINDLY PAY OR SIGN ANYTHING! Even if you got a legit letter you might wanna have an attorney answer the thing. Furthermore it's quite weird that it's an email. They should be sending out letters on the regular mail way. If you want my email, plz PM me. I've had a couple friends having similar problems lately and they did recieve letters via regular mail. However the request were not legit at all.
8] 8[
RaptorX
Profile Blog Joined July 2006
Germany646 Posts
September 30 2010 17:50 GMT
#107
On September 30 2010 07:28 justle wrote:
After re-reading the replies you got I have to emphasize that "Blood" and "Blood+" are very likely referring to the same product with localized titles. Do NOT assume that you can fight a distributor based on a semantics error-- they have been representing films and protecting licenses for almost a century and you won't be the first to get caught making a mistake like that.


I am not assuming. They are 2 completely different things, from completely different countries. Blood+ is an anime series from japan while the live action movie called "Blood" while based on the same story is created and distributed by a totally different company from another country.

@justle

I did not based my knowledge only on imdb, i just linked that because thats the clearest proof that i can show that those two works are completely unrelated to each other.

If the ppl from japan come and sue me I gladly pay the 956,00 eur or whatever they claim since yes I downloaded their work via torrent, but this company has no business with me since i did not download their work, period.
I won
justle
Profile Blog Joined August 2010
United States174 Posts
September 30 2010 18:00 GMT
#108
I'm telling you that there is such a thing as LOCALIZED titles, meaning they could drop the "+" in the title in various territories. I am sitting at work right now looking at localized titles where letters have been changed and symbols have been dropped.

If they have in fact dropped the "+" for various territories (which is more likely than not) then you HAVE downloaded their work. In all likelihood, the Japanese production company or distributor is not handling the licensing abroad, so they wouldn't be the ones to approach you. It would be a 3rd party company (and law firm) who are handling it for that specific territory.
More at http://joninreality.com.
justle
Profile Blog Joined August 2010
United States174 Posts
Last Edited: 2010-09-30 18:09:05
September 30 2010 18:06 GMT
#109
+ Show Spoiler +
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.


Do you have any idea what you're talking about? They own the licensing to the films so if you are illegally distributing it (by file sharing) you owe them money for licensing. As I have stated (you must not read full posts before you start flaming), there is such a thing as LOCALIZED TITLES, meaning a distributor will change titles depending on territory.

Additionally, it doesn't matter if the production company and the company suing him are not the same. It's commonplace for different distributors to handle distribution/licensing for different territories for the SAME TITLE. That means that this company might not be listed anywhere on IMDb, and might also be connected to another series with a similar name, but they ARE in fact handling distribution for the title in this territory.

Before you start flaming and spouting off about things you don't know about, read the entire post. Distribution/licensing is not something you could easily figure out if you weren't involved in it since any given film has several companies handling distribution at any given time (and sometimes, multiple companies in each territory).
More at http://joninreality.com.
Kr1pos
Profile Joined January 2008
Norway67 Posts
Last Edited: 2010-09-30 18:40:18
September 30 2010 18:34 GMT
#110
On October 01 2010 03:06 justle wrote:
+ Show Spoiler +
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.




Show nested quote +
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.


Do you have any idea what you're talking about? They own the licensing to the films so if you are illegally distributing it (by file sharing) you owe them money for licensing. As I have stated (you must not read full posts before you start flaming), there is such a thing as LOCALIZED TITLES, meaning a distributor will change titles depending on territory.

Additionally, it doesn't matter if the production company and the company suing him are not the same. It's commonplace for different distributors to handle distribution/licensing for different territories for the SAME TITLE. That means that this company might not be listed anywhere on IMDb, and might also be connected to another series with a similar name, but they ARE in fact handling distribution for the title in this territory.

Before you start flaming and spouting off about things you don't know about, read the entire post. Distribution/licensing is not something you could easily figure out if you weren't involved in it since any given film has several companies handling distribution at any given time (and sometimes, multiple companies in each territory).

What seems more likely; the mass-IP-harvesting into mass-letter-threat-generating-system mistaking a torrent for the anime Blood+ (with no known connection to Constantin Films, and what the OP actually downloaded) to the movie Blood (known connection to Constantin, but which the OP says he's never downloaded), or Constantin Film somehow having the rights to Blood+ in Germany but either having renamed it (making it possible to confuse it with their actual movie) or just forgetting the + in the letter by mistake?

I vote for the former, but that's just me.

Edit: OP, what exactly does the mail exactly refer to? "Blood: The Last Vampire" or simply "Blood"?
Edit2: email -> letter.

On October 01 2010 00:31 Delerium wrote:
Has this been posted yet?

http://torrentfreak.com/acslaw-anti-piracy-law-firm-torn-apart-by-leaked-emails-100925/

It sounds to me like this is a legal fad that has come to Germany. For every X number of letters sent out, a certain percentage of people get scared and pay them money (when they shouldn't). So, law firms with no morals view it as profitable..

This is my thinking as well.
Slithe
Profile Blog Joined February 2007
United States985 Posts
September 30 2010 19:03 GMT
#111
On October 01 2010 03:06 justle wrote:
+ Show Spoiler +
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.




Show nested quote +
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.


Do you have any idea what you're talking about? They own the licensing to the films so if you are illegally distributing it (by file sharing) you owe them money for licensing. As I have stated (you must not read full posts before you start flaming), there is such a thing as LOCALIZED TITLES, meaning a distributor will change titles depending on territory.

Additionally, it doesn't matter if the production company and the company suing him are not the same. It's commonplace for different distributors to handle distribution/licensing for different territories for the SAME TITLE. That means that this company might not be listed anywhere on IMDb, and might also be connected to another series with a similar name, but they ARE in fact handling distribution for the title in this territory.

Before you start flaming and spouting off about things you don't know about, read the entire post. Distribution/licensing is not something you could easily figure out if you weren't involved in it since any given film has several companies handling distribution at any given time (and sometimes, multiple companies in each territory).



Your point about localized titles is important for people to recognize, but it is not relevant in this scenario. This is a matter of two different products with similar names, and Constantin does not own the one that the OP downloaded.
Kr1pos
Profile Joined January 2008
Norway67 Posts
September 30 2010 19:12 GMT
#112
On October 01 2010 04:03 Slithe wrote:
Show nested quote +
On October 01 2010 03:06 justle wrote:
+ Show Spoiler +
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.


Do you have any idea what you're talking about? They own the licensing to the films so if you are illegally distributing it (by file sharing) you owe them money for licensing. As I have stated (you must not read full posts before you start flaming), there is such a thing as LOCALIZED TITLES, meaning a distributor will change titles depending on territory.

Additionally, it doesn't matter if the production company and the company suing him are not the same. It's commonplace for different distributors to handle distribution/licensing for different territories for the SAME TITLE. That means that this company might not be listed anywhere on IMDb, and might also be connected to another series with a similar name, but they ARE in fact handling distribution for the title in this territory.

Before you start flaming and spouting off about things you don't know about, read the entire post. Distribution/licensing is not something you could easily figure out if you weren't involved in it since any given film has several companies handling distribution at any given time (and sometimes, multiple companies in each territory).



Your point about localized titles is important for people to recognize, but it is not relevant in this scenario. This is a matter of two different products with similar names, and Constantin does not own the one that the OP downloaded.

The only thing which makes me question if they could actually have the rights is how Blood:The Last Vampire (the 2009 movie and what the letter is seemingly about) and Blood+ (the anime series) are both based on the same 2000 "Blood:The Last Vampire" anime-movie. Seems far fetched compared to the alternatives though.
polgas
Profile Blog Joined April 2010
Canada1791 Posts
September 30 2010 19:34 GMT
#113
Sounds like a scam. Here is a similar story in UK.

http://news.bbc.co.uk/newsbeat/hi/technology/newsid_7766000/7766448.stm


Cash demand over 'porn downloads'
By Jim Reed
Newsbeat reporter

Thousands of internet users have been told they'll be taken to court unless they pay hundreds of pounds for illegally downloading and sharing hardcore porn movies.

Newsbeat's found out that people across the UK have been accused of using file-sharing networks to get hold of dozens of adult titles without paying for them.

A German company called DigiProtect claims the users are breaking copyright law and is demanding £500 to settle out of court.

A 20-page legal letter lists the name of the film involved along with the time and date of the alleged download.



Leee Jaee Doong
Lucumo
Profile Joined January 2010
6850 Posts
September 30 2010 19:35 GMT
#114
On October 01 2010 04:12 Kr1pos wrote:
Show nested quote +
On October 01 2010 04:03 Slithe wrote:
On October 01 2010 03:06 justle wrote:
+ Show Spoiler +
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.


Do you have any idea what you're talking about? They own the licensing to the films so if you are illegally distributing it (by file sharing) you owe them money for licensing. As I have stated (you must not read full posts before you start flaming), there is such a thing as LOCALIZED TITLES, meaning a distributor will change titles depending on territory.

Additionally, it doesn't matter if the production company and the company suing him are not the same. It's commonplace for different distributors to handle distribution/licensing for different territories for the SAME TITLE. That means that this company might not be listed anywhere on IMDb, and might also be connected to another series with a similar name, but they ARE in fact handling distribution for the title in this territory.

Before you start flaming and spouting off about things you don't know about, read the entire post. Distribution/licensing is not something you could easily figure out if you weren't involved in it since any given film has several companies handling distribution at any given time (and sometimes, multiple companies in each territory).



Your point about localized titles is important for people to recognize, but it is not relevant in this scenario. This is a matter of two different products with similar names, and Constantin does not own the one that the OP downloaded.

The only thing which makes me question if they could actually have the rights is how Blood:The Last Vampire (the 2009 movie and what the letter is seemingly about) and Blood+ (the anime series) are both based on the same 2000 "Blood:The Last Vampire" anime-movie. Seems far fetched compared to the alternatives though.

Blood: The Last Vampire(2000)
(SPVision, Panini Video, Nipponart GmbH)

Blood+
-

Blood: The Last Vampire(2009)
(Constantin Film AG)


At least it very much looks that way(no rights for the files he downloaded).
Anyway, regarding what he should do....ignore it. Modify the "Unterlassungserklärung"(don't pay anything and write that you won't do it again) and send it to them. That's pretty much all there is to do. If they send more letters, just ignore them since there is a really high probability that they won't do anything + you aren't guilty anyway.
Lord_of_Chaos
Profile Joined June 2007
Sweden372 Posts
Last Edited: 2010-09-30 19:41:05
September 30 2010 19:40 GMT
#115
On October 01 2010 03:06 justle wrote:
+ Show Spoiler +
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.




Show nested quote +
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.


Do you have any idea what you're talking about? They own the licensing to the films so if you are illegally distributing it (by file sharing) you owe them money for licensing. As I have stated (you must not read full posts before you start flaming), there is such a thing as LOCALIZED TITLES, meaning a distributor will change titles depending on territory.

Additionally, it doesn't matter if the production company and the company suing him are not the same. It's commonplace for different distributors to handle distribution/licensing for different territories for the SAME TITLE. That means that this company might not be listed anywhere on IMDb, and might also be connected to another series with a similar name, but they ARE in fact handling distribution for the title in this territory.

Before you start flaming and spouting off about things you don't know about, read the entire post. Distribution/licensing is not something you could easily figure out if you weren't involved in it since any given film has several companies handling distribution at any given time (and sometimes, multiple companies in each territory).

Perhaps you should read through the thread before posting. I've already stated that Blood+'s distribution rights are owned by Sony. Has nothing to do with Constantin. Neither do you know if it was licenced at the time of downloading, as anime series are often not licenced until very late outside of Japan. Just a quick wikipedia search would have helped you if reading through the thread is too much work for you.
Hans-Titan
Profile Blog Joined March 2005
Denmark1711 Posts
September 30 2010 19:43 GMT
#116
Boy I am glad getting sued for copyright infringement in Denmark is a thing of the past.
Don't pay and/or get a lawyer. They expect you to pay and not make a big deal out of it. Most people I've spoken to about it say they get one, maybe two, letters asking for money, and after that they give up.
Only case that was ever won by the music/movie industry in Denmark was when the guy admitted guilt in court. 3 other cases ended in either a settlement or the guy getting acquitted. After that the industry gave up suing individuals
Trying is the first step towards failure, and hope is the first step towards disappointment!
squintz
Profile Blog Joined April 2010
Canada217 Posts
September 30 2010 20:44 GMT
#117
Hans has a point. Usually these companies do a mass mail out after harassing ISP companies or tapping a torrent for IP data. I got one of these letters back in '05 from my ISP company but they said they weren't going to give out my personal info to Warner and I should just ignore their C&D; they were just giving me the letter for interest sake.
Lurker87
Profile Blog Joined October 2009
United States172 Posts
Last Edited: 2010-09-30 20:58:51
September 30 2010 20:58 GMT
#118
On October 01 2010 00:31 Delerium wrote:
Has this been posted yet?

http://torrentfreak.com/acslaw-anti-piracy-law-firm-torn-apart-by-leaked-emails-100925/

It sounds to me like this is a legal fad that has come to Germany. For every X number of letters sent out, a certain percentage of people get scared and pay them money (when they shouldn't). So, law firms with no morals view it as profitable.


That reminds me of a situation from a book I read years back called "Innumeracy", by John Paulos:

+ Show Spoiler +
"Assume that a non-scrupulous stock market analyst mails out 32,000 letters where
she predicts in 16,000 of the letters that a certain stock, X, will go up, and she predicts in
the other 16, 000 letters that the stock will fall. Assume, for the sake of simplicity, that
the stock can only go up or down, and that the stock X in fact went up. Now, she mails
out 16, 000 letters to those 16, 000 who received a correct first prediction, this time
predicting that a different stock Y will go up (in 8, 000 of the letters), and down (in the
remaining 8, 000 letters). Assume the stock Y went up this time, too. Now, she does the
same thing with the next 8, 000 letters, where half of the group receives the prediction
that the stock Z will go up, and the other half, the opposite prediction. Assume the
prediction this third time around is correct for 4, 000 of the group. Effectively, then, we
have now a total of 3 consecutive, correct predictions, for 4, 000 people. Let’s say that
all these predictions were given free of charge. Now, the analyst sends out a letter stating
that as she had correctly predicted the movement of the stock 3 consecutive times,
without any cost to the recipients, she is prepared to mail out the next prediction to
anyone who pays her $100 for the next prediction. And, to make the offer more
attractive, she states that she is prepared to give an “iron-clad money back guarantee,” to
4
anyone who gets a wrong prediction this 4th time around. Since $100 seems a pretty good
deal for getting an accurate prediction that might net thousands, let’s say that she gets
4,000 x $100 = $400, 000, from the 4, 000 people who agreed. This time around, then, out
of the 4, 000 letters, only 2, 000 had the correct predictions, so she has to return 2, 000 x
$100 = $200, 000, to those who received the wrong prediction. But, she can now laugh
all the way to the bank, being $200, 000 richer !"


Of course, it probably won't be exactly 50%, and it could be a much smaller number of letters (perhaps sent via email), but I often think about this example. Would not be so farfetched if someone were to try such a scheme, or even a variation of it, such as you suggested.

source: http://www2.hmc.edu/www_common/hmnj/menon.pdf
dybydx
Profile Blog Joined December 2007
Canada1764 Posts
September 30 2010 22:11 GMT
#119
On September 30 2010 23:47 ooni wrote:
Okay guys, I am going to give an advice which will forever change your life. I mean forever.

Buy an used copy of whatever product you are getting sued for.
Tell them you could not find it so you downloaded it.
You found the product sometime after you downloaded it.

Yes, I understand the license specifies the fact you may only use your product, but this is a loop hole since the courts always (I mean always) re-examine EULAs.

Win!
...from the land of imba
Zergneedsfood
Profile Blog Joined September 2008
United States10671 Posts
September 30 2010 22:12 GMT
#120
On September 30 2010 22:35 hifriend wrote:
Show nested quote +
On September 30 2010 22:28 Zergneedsfood wrote:
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.

Haha dude if it's a freaking e-mail how could it be anything other then a scam?


Apparently other people don't know....so yeah.
/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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