Accused of torrenting copyrighted material

3,132 posts in this topic

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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49 minutes ago, Dom25 said:

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.

I doubt that this matters. You are liable for what happens via your router. You know that you can still at least avoid the cost of the court session by paying up?

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1 hour ago, jeba said:

I doubt that this matters. You are liable for what happens via your router. You know that you can still at least avoid the cost of the court session by paying up?

 

I was not aware of that. Are you sure I can avoid the cost of court session by paying up?

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15 minutes ago, Dom25 said:

I was not aware of that. Are you sure I can avoid the cost of court session by paying up?

 

Normally yes.  The only wrinkle is that being in the uk it is possible that the communication is a bit slow but at the end of the day they just want their money and dont particularly want to waste time arguing with a judge about it.  Call them and agree payment, or talk to a lawyer -- lots of people seem to have had sucess with specialist lawyers but I guess you left it a bit late to start the process now.

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