Accused of torrenting copyrighted material

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Just a quick update for anyone who's interested.

 

I received an abmahnung in December 2012, nearly 3 years after I received an initial extortion letter from the legalized robbers known as 'lawyers'. I objected to this and I've just realised that it's now more than 3 years since I've heard from the scumbags. So I'm guessing that after 6 years (and after already paying them off) I'm off the hook.  

 

At the time, an ex lawyer told me that companies like these often send out abmahnungs to scare people but if you oppose it, the onus is then on the lawyers to build a case against you. This takes time and effort and often they cannot be bothered. It seems to be the case here.

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Mid December I received from Waldorf Frommer an invoice for 1600 euros for some dick watching Mad Max...on the weekend I received a second invoice for a second film...so 3200 euros in total...

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I went to my lawyer and he recommended I pay the first one...so have done...guess I will go and see him again about this one...but not sure if I will accept...

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Did you watch mad max??

 

Do people still actually use torrents?

Why do people torrent films when there are loads of sites where you can just stream like youtube in pretty decent quality ?

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Sometimes it's useful to use torrents for more obscure stuff or for when eg Game of Thrones or Walking Dead  is shown and you cannot get it immediately through legal channels.

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no I didn't but somebody did watch Mad Max...I just don't know who...same for this next one.

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Do you have open wifi?? If it wasnt you then there must be some way to prove it. Dont give out your wifi password ??

 

The websites are also good i accidentally fell asleep during starwars in the cinema so watched an online version last week to "catch up" and the quality was pretty damned good.

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We have a password protection but could be 30-50 people logged on as business line.

 

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29 minutes ago, Alcala said:

We have a password protection but could be 30-50 people logged on as business line.

 

Can you close the ports used by the torrent program (on the router)?
 

 

 

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sorry am technophobe...so don't understand fully...however we are looking at things again...I will see about what you have suggested above...thanks

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Firstly you cant block the ports..  What I mean is you could block a specific port or a range of ports but its two mouse clicks to change the port on the client.  In a business environment it would be virtually impossible.

 

If you are a business you are golden and should not pay the fine.  All you need to prove is that you regularly inform the users of the internet that the use of the internet for sharing copyright material is forbidden on the network and you take precautions to stop unathorised use of your internet. 

 

Think of the number of hoteols, restaurants, etc that give out internet access.  If there wasnt this provision they would all be sued by these scumbags. 

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And guys be very wary of using apps such as popcorn time and streaming web sites.  You dont know what is going on in the background and many use P2P sharing technology in the background meaning whilst you are watching the stream you are also uploading it at the same time.

 

Here are some options:

 

1. Youtube - Usually find everything on there

2. Netflix used in conjunction with DNS provider such as UnoTelly - https://www2.unotelly.com/quickstart  This allows you to fool your netflix that you are in a different country so you can legally stream content from other countries.  The USA netflix has a massive amount of content.

3. Seedbox - A seedbox is a remote servber where you download the torrents to and then download the downloaded torrent file (film, music) to your machine.  So you are never uploading from your connection.  A simple and cheap one is https://yourseedbox.com/page/shared_seedbox  Cost from 12€ a year!

4. VPN - A VPN makes a secure connection from your internet line to another (hopefully in another country) so when ypu download from torrents they only see the remote connection address.  Personally I am not a fan of these as the VPN may go down and the download continue from your local internet connection.

 

 

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21 minutes ago, SevereCircle said:

Think of the number of hoteols, restaurants, etc that give out internet access.  If there wasnt this provision they would all be sued by these scumbags. 

 

I believe that does happen - at least two places (Ferienwohnung) I have stayed at they no longer make the WiFi available to guests as they got the famous letter from WF and paid up.

 

Less likely with a big hotel chain as they will have their own legal department who can fight such things off.

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Tomorrow morning I have appointment with lawyer so will let you know what happens. We do have password protection, people are warned not to do anything illegal and its a business...so hopefully I have some protection...might even get my money back...

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Your original post gave the impression that the Internet connection was a private one: "I received"..

 

Now its sounding as if its a buisness (company) site which makes it more surprising that you / your company paid up.

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I am the business/company - actually a lawyer looked at the first one just before XMAS and recommended we pay...so I did...he did say though that he wasn't a specialist in this field and that he wasn't sure if we would win...so he recommended we pay...anyway can update when I know more tomorrow.

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Ok results of meeting with lawyer yesterday.

 

Firstly I paid 815 euros before Christmas - I then received last weekend another letter chasing up payment...I was confused and misread the letter (including re-reading the original docs) so paid what I thought was a second payment...so 1600 euros in total. Moron. Yes.

 

Must have been then Monday another letter for another film...

 

So lawyer has sent letter regarding first film that I get my second payment of 815 euros back. 

 

For the second film he has said do not pay because I am a business and that we have certain protections etc...unfortunately he has said I will not get my initial payment from first film back.

 

So if you are a business you appear to have some protection. If you are an individual you have less.

 

The particular lawyer I saw is also arguing exactly this "type" of case in front of EU Courts this summer.

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Quote

he did say though that he wasn't a specialist in this field

 

The above had me wondering why you used him and then this -
 

Quote

 

The particular lawyer I saw is also arguing exactly this "type" of case in front of EU Courts this summer


 

 

Mind boggling, it is.

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