Accused of torrenting copyrighted material

2,670 posts in this topic

IIRC only the lawyer costs are capped for the first such Abmahnung, not the damage compensation. Since their claim likely (I can't see your letter) consists of both lawyer costs and compensation the sum can easily reach 500 Euro.

 

Even if it's unfair, at this point your roommate is in trouble, not you. So why would you need a lawyer? If anything she needs to think about getting one.

The paper they want her to sign is called "Unterlassungserklärung". Many people do not use the template that comes with the letter but a modified version. ("Modifizierte Unterlassungserklärung"). The quickest way to resolve this would be for her to send the (modified) Unterlassungserklärung and then to negotiate with them about the costs (she can call them or make a proposal via letter). They are usually willing to go down with the price, esp. if you can name reasons like being a student or unemployed. She pays them and you pay her. In the end it's on her to inform herself and make a decision.

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Thanks for the reply. I understand what you're saying but I have real issue with burdening her with such a problem when it is my mistake. Obviously I'll pay, but I am in full pessimism mode and thinking that this could happen repeatedly now for a while. Like I said, 500 hundred once is ok but if its repeated Id like the same kind of deal that others who have posted here have, where after the first time a lawyer might be able to take care of any other problems as they arise. I think she wants to ring them today to explain the see what can be done. Hopefully you are right that they would be willing to negotiatiate. Do you know how much it might be possible to reduce it by from 500?

 

What are the chances of multiple occasions of this if I torrented lightly for about two to three weeks?

 

An added difficulty is that she less a roommate and more a colleague who is above me.

 

I think I can guess the answer already but if she does sign the statement saying she won't do it again, how does that affect any further actions that may have taken place before now?

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Like I said, 500 hundred once is ok but if its repeated Id like the same kind of deal that others who have posted here have, where after the first time a lawyer might be able to take care of any other problems as they arise.

Don't be mistaken: lawyers will handle the paperwork and discuss the best strategy for your case, they are not jokers who can make every claim dissolve into thin air. They don't sell insurances. In the end the target of the Abmahnung will have to decide on whether or not to pay and ultimately take the risk of being sued in court. (Most of the time they don't sue. They don't have the capacities to do it and every case is a risk for them as well.)

 

 

I think I can guess the answer already but if she does sign the statement saying she won't do it again, how does that affect any further actions that may have taken place before now?

Usually people use the modified UE with formulations similar to: "I pledge to not share the work XXX by YYY". It is valid from the time both parties agree to the contract, not for anything in the past. (People avoid formulations like "again" because these could imply admission of guilt.)

This also means she is not safe from receiving additional Abmahnungen for other works that have been shared. She may receive a new letter with a new claim for each and every work shared. Which makes sense because these are civil claims coming from the rightholders. Any agreement between her and rightholder YYY has no influence on the claims of rightholder ZZZ. And rightholder YYY will not pass on money for multiple infringements either.

 

In some cases it can make sense to send prophylactic UEs, i.e. UEs for works people have shared and fear to be abmahned for in the future. These can reduce the overall costs but of course no one knows whether or not they have been logged in the past. This strategy should probably not be taken alone but only be discussed with a specialized lawyer.

 

What happens next lies in your roommate's hands.

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Welcome to Toytown, hessenerer

 

Within this thread's 2180+ responses there are about 250 - 300 in which TTers have made the effort to describe their experiences in detail wrt to how their lawyers or they themselves dealt with Abmahnung letters such as the one which your colleague/roommate has received.

 

It would seem pointless for those TTers to have been so generous as to have given their time for the benefit of future readers if said future readers are unwilling or unable to take advantage of their past generosity.

 

Understandably, you're feeling under pressure to come up with some reassuring solutions ASAP to the problem you created but it appears you are one of those who are unwilling or unable to invest the necessary time to do so.

 

Unfortunately, like you, I myself have insufficient time available to lead you by the hand or spoon-feed you links to the posts most likely to contain the specific info you seek.

 

That said, I do have a tip for you which should save you having to read the entire thread to get to the posts most likely to cover your needs.

 

At the bottom left of the page you will find a 'Search topic' box. Putting a key word or words in there and clicking 'Go' will return a list of post snippets. Clicking the curly grey 'snapback' arrow on each snippet will take you to that post. Using your browser's back button will return you to the list so you can work through it.

 

Take a moment to choose carefully the one or two keywords most likely to appear in the posts you seek.

 

Clue: I tried 'multiple' and it brought up 18* results (none of which I had time to read [again - today] :P )

*including Posts # 2182 & #2183

 

HTH

 

2B

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I do apologise

I don't want to sound ungrateful or unwilling to listen/try at all. I have spent the last two days reading every possible thing because I am so stressed, and after having read so many varying stories (from this site included) i felt like I still had more questions than answers. I appreciate all the information given so far and don't wish to appear to think negatively of any one or anything. Perhaps I am still in a bargaining phase where I'm hoping this can be solved somewhat painlessly. Or worse, that a lot of the decision making is out of my hands. My colleague is fairly new to these things and now i am just looking for suggestions to make to her that can result in the best conclusion for both of us.

 

Again I appreciate all the information you've given me.

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Hi ahmedjawwwad4u - I can only help with 2) - Nothing, as it is deemed a willful act. You can always check with them, but I was told by my lawyer that the insurance won't touch it.

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Hessenerer, 2B is right. If you read my posts you would see that I was in a very very similar situation as you are (multiple torrents, account not in my name). All your questions above have already been answered, seek and you will find ;)

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Hi people,

I just moved here with my husband from Slovenia, our friend and his wife invited to work and live and we thought: why not? We are expecting a baby in July and we barely have any money for second-hand furniture to buy for the apartment. My husband started working with 1st April, we came here with no savings at all trying to get a better life.

Our laptop had the torrent uploaded from Slovenia also, beacuse there this things are just not illegal yet or to say there is no such thing like this companies that send me the letter.

 

My wifes friend recieved this letter on thursday from Waldorf Frommer, and naturally she knows that we watched movies with my husband on torrent there were a lot of them I dont know how many but for March we recived only for two and the payment has to be done in a week 1,400 €.

She called them beacuse there said that if were not you,you have to tell them who it was so he gave them to me on the cell and they said send us signatured cease & deasist and explanation of your situation.

 

What should I do? I am, pregnant for two days I barely ate , I am crying all the time we are young couple with nobody here to help us. I am scared that something would happen to my baby I can`t sleep at night thinking on the other movies, if they make an offer for smaller amount, and then other companies or that company send me another. I am most worried beacuse they sen it to our friends and they are just not really in this stuffs and I know they would tall about it with others and everyone will know what stupid people we are. The worst thing is that only I speak english, and they dont even bother to help me anything, my husband is also depressed. I am just scared that I get sick about this situation , beacuse of my situation. We dont even have money for the lawyer, we are going to live in apartment with no kitchen for a month till we sort things out financially. And now this??

 

Please any advice?

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As with other members who've been caught in a similar predicament to you, progologo, you're best to speak to a lawyer. They should be able to prepare a Modifizierte Unterlassungserklärung (Modified Cease & Desist) for you regarding this situation. It will be considerably less than the €1,400 Waldforf Frommer are demanding and you maybe able to discuss a payment plan with the lawyer of your choice.

 

I did a quick search for Internet lawyers in Saarbrücken and came up with these ones that have English in their profile:

 

Rechtsanwaltskanzlei Cordula Hildebrandt

 

Dury Rechtsanwälte

 

And some more listed here:

 

Anwälte in Saarbrücken - Internetrecht

 

In the meantime, have a browse through this thread which contains more tips and other info.

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I have read all 88 pages and know GET A help.

So after a 2 year wait I have received a yellow letter.

 

I believe a visitor downloaded a short movie in 2013.

 

I believe the 1st & only letter was a scam looking for €500 and disregard it.

 

Now 2 years later I have to pay for help for a few minutes of downloading by a family member.

 

I did not know about the rules and a short term visitor for sure did not know.

 

I have never downloaded music movies or any no paid in full services. (Netflix)

 

My mind boggles that I am now ask to pay €900.

 

So getting help on Monday but my question is.

 

Should I pay or not? What are the chances of court if I dispute it?

 

The letter is from Hamburg & I am in Saxony. Would the cost of travel for them mean it would not be worth it?

 

Train & hotel cost etc. Would they travel for the €400 they have ask for. (€300 for film company + other costs)

 

Many thanks in advance.

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So getting help on Monday

From a lawyer? If so, I'm sure they'll help with those questions you've listed. ;)

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People looking for results from court

 

http://www.fareds.de/2015/03/aktuelle-urteile-von-fareds/

 

All the wins the company had in court.

 

1 or 2 a month by the look at things

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Hi everyone , I received myself on Friday a letter from this Waldorf Frommer , just like you "progologo". They are asking 815€ for one movie .I have 10-15 pages in german and the last one is a check , yelow one ,that i should pay . From Friday I barely could eat , I am very stressed . I don't have no one here and only speak English . I wanted to bring my family in Germany in summer and I don't have much money to spare , they ruined all my plans .I even told my wife about this I am very scared . I share the internet with other colegues and i migth take from torrents a few movies and we watch more movies online . The online watching is considerred illegal too??? If I am going to pay I'm afraid that will receive another , and another .I didn't know that in Germany are so strictly with downloading .

If someone got any advice to me , what should I do ...

Please , someone , I'm desperate ...

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achileas Claim down. Read the pages from say 50 onwards to get a letter ready to send back to them. Don't sign any thing but DON'T panic. Find the link to modified letter and send it back.

 

Also don't download or upload any more using torrents!!!

 

Good luck :)

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Hey guys,

 

I have received as well a letter of copyright infringement, and I would like to ask if some of you have some ideas of good lawyers that you would recommand. Maybe also if someone has some experience with the result of writing them an Unterlassungserklärung (Modified Cease & Desist).

 

Thank you in advance!

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Has anyone have any suggestions about a good lowyer that you recommend??? Enyone ...

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Where are you located, achileas?

 

Just run a Google search for "Internetrecht Anwälte" and the name of your town or city, just as was mentioned in post #2189 above. Many of the lawyers who handle these types of cases speak English, so choose one from the Google search and give them a call.

 

This advice has been mentioned countless times on this thread. :rolleyes:

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SO to keep people up to date. I went to lawyer who explained his fee was related to how much the letter asked for and showed my a chart of prices in jumps of €500. I signed for him to take power of attorney and the letter was sent back to the court with the box ticked to dispute the claim. I am now waiting for a new letter or a court date. I am hoping they just leave it. I will update if and when anything happens.

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