Accused of torrenting copyrighted material

3,081 posts in this topic

 

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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1 hour ago, Dom25 said:

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

Just call the court and ask about the details. The judge will be glad to be able to struck another case off the roll.

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How did they send the court order?  This would have to be sent registered and signed for.  If you are now in the UK how did you sign for the letter?

 

See this information sheet which is still very valid and gives the name of the lawyer who produced it.  They are excellent and will give you all the info you need. (plus speak english)

 

https://www.dropbox.com/s/qvgrej72ymi0ca5/Filesharing-FAQ.pdf?dl=0

 

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6 hours ago, Dom25 said:

Can anyone recommend some specialist lawyer?

I had a letter from Waldorf Frommer for downloading a movie and used one of the specialist lawyers recommended here. After their fee of 300 I had to pay WF about 500 which came to €800, WF originally wanted  €815. So I saved a few euros and had the legal representation but I can't help but think the way the fees and "negotiated" settlement adds up is not fair. It's a structured scam from both sides, like shooting fish in a barrel. If the circumstances would've been different I don't know who are the better "lawyers" to give my money to... The ones who attacked me or the ones who defended me.

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6 hours ago, Dom25 said:

Can anyone recommend some specialist lawyer?

There are lots of firms out there. Wilde Beuger Solmecke are one of the leading internet, torrent, intellectual copyright law firms that people have recommended here. Not the cheapest firm out there but have the right experience, are experts and know what they are doing. they are usually quoted or giving opinions in the papers about these issues. It's up to you which you go with.

 

Most people would probably recommend you talk to a lawyer before you sign anything or admit anything or pay anything. Particularly if you don't have the fluent German to understand the differences in the sent forms and amended forms. I am not a lawyer and not advising you to do anything.  

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7 hours ago, Dom25 said:

 

Do what?

 

Compensate you for a day off work. They only do that if you are going to court as a witness.

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Around the thieving lawyer industry that sits at computers watching downloads, another industry has grown and that is of the leeches that pretend to get people off the hook.  Basically scum begat scum.

 

I repeat what I said many many postings ago, go talk to your local consumer advice centre "Verbrauchzentrale".  They have lawyers that can help with the problem and cost about 25€ per 15 or 30 minutes (my memory fails me).  To find your closest office, go to the main site, then click on the link for your state. There you'll need to find Beratung and/or Beratungstellen to see your nearest office.  Call them and make an appointment.

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16 hours ago, SevereCircle said:

How did they send the court order?  This would have to be sent registered and signed for.  If you are now in the UK how did you sign for the letter?

 

See this information sheet which is still very valid and gives the name of the lawyer who produced it.  They are excellent and will give you all the info you need. (plus speak english)

 

https://www.dropbox.com/s/qvgrej72ymi0ca5/Filesharing-FAQ.pdf?dl=0

 

 

Thank you.

That's actually a good question. Because yesterday one lawyer called me to tell me he has no capacity, but that since they don't have my new address and can't deliver the court order they would have many problems (between the lines I understood they would probably give up pursuing this).

The way I know about court order is because once I moved, I forwarded all the mails from my old address to a friend's address in Munich, and once he received it, he took a picture and send it to me. I never signed for it (he just found it in his mailbox).

Maybe that's the loophole I could use?

 

However, I found this online, so not sure whether it would work:

Quote

Once the Gerichtsvollzieher has the documents and is happy with the instructions, he/she will go to the debtor’s / defendant’s home or work place and will attempt to serve the papers personally. If personal service is not possible then a German Gerichtsvollzieher will try to hand the papers to an adult family member or will deposit the papers in the addressee’s letterbox, if the debtor’s / defendant’s name is on the letterbox. This“Ersatzzustellung” (substituted service) is generally accepted by German courts without the need for an explicit court order.

 

 

On another note, I contacted one of the lawyer and she is asking 500 euros to make a settlement, and mentioning that the additional cost for "reduced" settlement and court costs would be EUR 1.100, which makes total of EUR 1.600, around EUR 200 less than the Waldorf Frommer is asking now with all the costs and additional fees. Bit ridiculous, and as previous user mentioned, they are all in the same game.

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ok, i admit, I haven't read every single note in this thread, but my question is:  Is the Topic even an issue in the U.S.?  Never heard of a simple user being sued for downloading anything.  Is this just a german thing?

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As I understand it the problem isn´t the downloading, but the uploading (which happens when torrenting) without having copyright. No idea how this is in the US though.

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After a little research, people are being arrested and/or fined in the U.S. They usually get a warning letter first. The chances of getting caught are much less over there than in Germany.

 

From what I can tell, none of them were using a proxy so my question stands,

 

How many get caught in Germany who are using a proxy vs. not using one?

 

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No one gets caught through anonymous proxy/VPN. (If the data actually goes through the proxy/VPN. Some users fail to set them up correctly. For example data may get transferred through the "normal" connection if the VPN disconnects.)

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1 hour ago, catjones said:

ok, i admit, I haven't read every single note in this thread, but my question is:  Is the Topic even an issue in the U.S.?  Never heard of a simple user being sued for downloading anything.  Is this just a german thing?

 

This is the most famous case:  https://en.wikipedia.org/wiki/Capitol_Records,_Inc._v._Thomas-Rasset

 

As with Germany, the main legal thrust of the case is the uploading (or sharing) of files but from a user perspective this was about using a system like bittorrent.

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I doubt anyone using a proxy receives a letter.  It depends on the question specifically, whether they were using a proxy and downloading only (using mp4 downloader etc) or using a proxy to torrent (uploading as well as downloading). As far as I can guess after researching the issue, only uploading is outside the grey area and leaves a person vulnerable to legal action. In which case downloading without a VPN/proxy would not be necessary anyway (but worth doing for peace of mind).

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