Accused of torrenting copyrighted material

3,078 posts in this topic

On 4/2/2016, 7:54:55, positivethinking said:

So I got a letter from Waldorf Frommer in 2013. I binned it and heard nothing until 2 months ago. They sent a reminder with a final date. then another changing the date and now a 3rd reminder. They don't even have what movie or when just please pay or you can go to court and pay a €5000 fine. I will wait for the yellow letter but I hope they see I am not answering and leave me alone. Having got a yellow letter from another issue. I will do all I can not to give them money. I don't download and the stress they cause people should be the crime.

 

Got yellow letter. Strange I did not have to sign for it ??? Lucky it was not missing in the post in that case. Going to book appointment with solicitor to send it back saying that I did not download it. They don't even have a movie name on the letters. Just twentieth Century Fox home.  

 

I will keep informed what happens. I don't download  so I don't know why I got this? Any one Idea's ?

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31 minutes ago, positivethinking said:

 

Got yellow letter. Strange I did not have to sign for it ???

The posty signs to say he has delivered it.

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So after a meeting yesterday. I was told if nothing is don't is done within 6 months after the date you receive the yellow letter. They would have to start the process again. I am hoping to put this behind me once and for all. I may contact the firms who sent these letters after that & explain how they prey on a lot of people when they try to fine real down loaders.

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4 hours ago, positivethinking said:

I may contact the firms who sent these letters after that & explain how they prey on a lot of people when they try to fine real down loaders.

 

Ever heard the expression 'Let sleeping dogs lie' ?

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5 hours ago, positivethinking said:

people when they try to fine real down loaders.

What do you mean by real down loaders?

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5 minutes ago, WhyNot_DE said:

What do you mean by real down loaders?

 

 

On 24.4.2016, 13:54:35, positivethinking said:

I don't download  so I don't know why I got this? Any one Idea's ?

 

He claims to have never downloaded anything and sees this as an attack on an innocent person.

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5 minutes ago, zwiebelfisch said:

He claims to have never downloaded anything and sees this as an attack on an innocent person.

 

And I claim to have never screwed an Ugly chick!!!     

 

If I have or I havent is yet to be proved!!  :lol:

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Does this mean we can ignore the letter from the lawyer now? 
I just received one from Waldorf last week.

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1 hour ago, muschi said:

Does this mean we can ignore the letter from the lawyer now? 
I just received one from Waldorf last week.

 

No, it means that places which offer wifi (cafe, restaurants etc) are not automatically going to be liable for things done on those connections.  But it isnt law yet and anyway probably wont help private users at home.

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The new law will cover private users.    But the new law does not exist so you still have to deal with the problem in the mean time.

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3 minutes ago, muschi said:

Could I ignore the letter until this law come into place?

Absolutely, and also the letters, visit from Credit agency!  ( That was a joke)

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44 minutes ago, muschi said:

Could I ignore the letter until this law come into place?

 

Changing the law wont help you, what you did was illegal when you did it. (or at least when they claim you did).

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Question is now will people start downloading with these open WIFI in shops & cafes? Maybe even at home with their own WIFI. I don't think the movies industry would be ahppy.

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I got the letter from Waldorf Frommer back in 2012 demanding about E1000 payment for downloading a film. I sent them Modified Unterlassungserklaerung and after that did nothing. They sent couple of more letters in next couple of years, on which I didn't react. 

 

At the end of 2015 I believe, I received the Mahnbescheid, on which I responded and objected completely (Wiederspruch). 
Recently, I received invitation for court hearing in Munich.


Since I moved to another country in December 2015 (UK), I would like to know how to best respond on this.
 
1) Can I send them explanation in writing or do I need to show up in person in court?
2) What would be the best to say to the judge?
3) My German is not really good, can I write explanation in English (or shall I make my German speaking friends help me)?

 

Please note, I have not engaged lawyer for this. 
I didn't think they would go to court for this, as I've read they send so many of these payment requests, and that it's numbers game, and haven't read anything from anyone who actually went to court. 

And now I'm just curious what will happen, as there are just so many things wrong with my IP address being evidence of me downloading the movie. 
It's so easy to break WLAN password and the burden of proof should be on the prosecutor I believe. IP alone just shouldn't make the case.

 

Thank you very much!

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Also 4) In case I have to show up in person in Munich, how is time off the work taken into the account? As I will probably need to take 1 day of holiday, will I be compensated for that?

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3 minutes ago, Dom25 said:

Also 4) In case I have to show up in person in Munich, how is time off the work taken into the account? As I will probably need to take 1 day of holiday, will I be compensated for that?

 

Why should anybody do that?

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