Accused of torrenting copyrighted material

3,132 posts in this topic

I am afraid cuevana uses BitTorrent technology in the background, so it is illegal in Germany. :(

You can also see that it is looking for torrents when starting the streaming...

 

https://www.wbs-law.de/eng/streaming/streaming-warning-letters-really-becoming-reality-53088/

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Nothing to hide nothing to fear you guys, that's what they always say isn't it? Damn, maybe people shouldn't have been so cool with their government watching their every move online after all. Oh well, good luck with the fines.

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"the government" does not watch you. Lawyers (who are private persons, not "the government") download torrents and gather IP addresses of people whom they've downloaded from. This is how torrent technology works. You don't want to be "watched", don't use torrents.

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Hi everybody.

Last year I moved to germany. And after my Internet connection was set I downloaded some popular TV series for a month until I have learned that it was illegal in germany. I immediately stoped using torrent and deleted everything I downloaded. But I got very nervous when read about this situation in forums. It i has been nearly a year since I did my last download and I didn't get any letters from those law firms. Am I safe now or is it still possible to get one of those letters?

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You could get sued at any time within three years of your download. However, these lawyers are pretty sharp at pursuing their blood money, so it would be unusual for them to wait a whole year if they had spotted you.

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Shortly after I have learned the truth about torrenting in germany, I have sent an e mail to my Internet provider that I was in doubt of my wifi has been hacked because I couldn't change my password and it was too slow. And I asked them for help. And I told them that I don't want to be accused of any illegal issues done via my wifi. And then they send me an e mail about how to change my password and secure my wifi. Maybe it worked?

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Does anyone know if your ISP has to tell you if someone have asked them for your personal data in order to send a warning letter?

It could be a good way to know if you are safe or not. Also to know if your are in the radar of more than one lawyer firms.

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In criminal cases they definitely don't have to tell you, (source). In civil cases I don't think so either, but perhaps someone who got a letter can tell you.

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This is just a scam.

The court order, if you read it carefully, will be against your internet provider, not you personally.

We got one in the same way but decided to ignore it.

Unless the court order is against you personally you are safe.

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Hi,

 

Someone told me that streaming was legal, so I was watching shows on http://www.free-tv-video-online.me/. But now, another friend told me that it was illegal and that I would get into big (expensive) trouble.

 

I'm really worried now. Do you think that I'll get a letter from a law firm with a huge fine? Help!

 

[adminmerge][/adminmerge]

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It's not 'legal' as such, as you are enjoying others' copyrighted material without paying for it. However, you will not get sued for purely downloading. The torrent users are sued for the uploading part i.e. distributing copyrighted material to a large audience.

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Ok, I am next in line. I have now collected 3 such letters, the first 2 from a law firm with its name on the top of the page (and their website does exist, and looks genuine) and a fine for 850€ for a movie download, but the 3rd letter NOT from this firm, rather from an individual lawyer AND with a different amount AND not really making any clear reference to the previous 2 letters AND not mentioning that he/she is writing on behalf of that law firm. All by regular mail.

 

Given this, what do you guys think - are there 2 separate parties trying to milk me?

 

The 1st two letters were several pages. The 3rd one is only 1 page and gives me 11 days to pay, and I think I will drop everything, drive down to the other end of the country, and give him/her the full fine in person. If you know what I mean.

 

Ok, seriously - I am definitely gonna ignore the 3rd one atleast for now. I have sub-zero knowledge of law, but this party has not yet established with me its "credibility", they need to send me a few more, longer, more threatening letters before I get scared.

 

And I think I am gonna wait for more letters from the firm that sent me the 1st two.

 

What ACTUALLY happens if such things turn out to be legit, it goes to court, and you dont shop up at the court? I mean, can someone actually make you appear at the court? This sounds like a childish question, but really, in North America, when you dont pay something, it goes to the collection agency that can either drag you to a court or ruin your credit. But in Germany, you can live just fine without a credit history, unlike in NA.

 

Thanks for the comments/suggestions.

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1) It is not a fine, it is the fee for the Abmahnung.

2) Doing nothing is not a good idea because

3) No, it will not go away by itself.

 

Read the previous 2056 posts.

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Ignore the letters. Respond with the Unterlassungserklärung that I posted in a previous post and you will be fine, trust me. These guys are counting on your fear, it's a "legal" scam.

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It doesn't always stop with the Unterlassungserklärung . The law firms can and sometimes do pursue it further into the courts after a few months (at which point they will certainly get your money as you have little to defend yourself with). Whether or not they will do that in any particular case is a mystery that only the law firms in question know the answer to. It used to be pretty rare for them to bother with the courts process; it is becoming increasingly common (perhaps because so many people now respond with the Unterlassungserklärung).

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Their income stream is drying up; most people now know not to download torrents, so the number of new victims has declined sharply. The law firms therefore need to find new revenue streams, and who better than all those people who thought they could copy and paste a letter from the internet to make the problem go away.

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So the best course of action is to reply with the Unterlassungerklärung and hope you're not an unlucky one they decide to follow up with?

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They will follow up, with approximately 3 more letters. Just do the same thing, reply with the link I posted. This will never be a bad business for lawyers - people are guaranteed to keep on downloading via torrent - as einstein said there are two infinites in life; the infinite universe and the infinite of human stupidity.

 

People need to work out what usenet is and start using it. For a moderate fee of approx 5 Euro a month you can have 30Gb of downloads. It's encrypted via ssl and as you are downloading from a server directly (which you pay for) your ISP cannot legally hand over your data to a third-party, that would amount to hacking on their part. What you download from the server to your machine is encrypted, so nobody, not even your ISP can see what you are getting.

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That is quasi-legal advice which I think is risky to either give or receive. Simply sending a pro-forma letter does not necessarily end the action. Even in your own case, you received the first letter from the law company this year. They still have at least two more years to commence a court action against you. If they get a summary judgement then that will be fine + legal costs. It's worth taking this a little bit more seriously.

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