Accused of torrenting copyrighted material

3,143 posts in this topic

Interesting Points!

@nulunu...I totally agree about the 'oranges'.Do they not target the big guns aswell? Or are they making enough money off the nieve,non computer people like myself that there is no need. I am that person that didn't realise i was 'sharing' and to be honest didnt even know what P2P and ISP even was until after I received the fine and started doing some research :P .

Interesting example about Skype too...

And thanks for the info Rechtsanwalt!!!

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Hi,

 

I recently received a letter from Schutt, Waetke (on behalf of "die Firma TOBIS Film Gmbh & Co. KG") saying that I downloaded a movie 5 months ago via a Peer-to-Peer client and now have to pay 750€. The letter was sent to an incorrect address (an address I used 5 months before the "supposed" date that the movie was downloaded). The letter has an IP address, date, name of the file, etc. given.

 

To make things worse, I was out of town by the time the letter was forwarded to my correct address so I received it after the deadline with which I had to pay.

 

I don't speak German, so could anyone that has experience with this sort of thing offer some advice on what I should do next and possibly suggest a decent lawyer to contact? If I do contact a lawyer, can I expect for the fine to be lower than the 750€ they're currently asking for?

 

Thanks in advance.

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Well, I think that it is still very relevant topic, hence I will give a you a link to the following information in English.

 

http://www.lg2g.info/Civil-Law_Articles-on-Liability-Questions/effective-defense-against-admonishment-and-damage-claims.html

 

On it, there are some details about this abmahnungs craziness that these rats (law firms) are allowed to do here in Germany.

 

Hope it helps..

 

Fign

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This article is interesting

 

http://www.heise.de/newsticker/meldung/Provider-geben-monatlich-Nutzerdaten-zu-300-000-Verbindungen-heraus-1252751.html

 

ISPs give out 300000 German IP addresses a month to lawyers

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We got a letter saying that we need to pay €1000 for an ilegal movie download.

 

We do download stuff once in a while but never heard from anyone getting this.

 

Is this real? or a scam?

 

if so, can this fine be reduced? or what should we do? starting by the fact that we dont have the money to pay it...

 

thanks!

 

[adminmerge][/adminmerge]

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Hi Roqeriolors

 

good luck with that!

it is real, but:

 

For a case of denying, this has not yet been tested in court, as the lawyers would bring on them a world of pain doing it. They will have to prove it, and show exactly how they did it and so on...wont be nice for them. Even if they win, the final fine will probably be much lower than 1KEuro.

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So I was streaming music to my playstation 3 an something in my program was checks to share files. I NEVER share files but it must have been the update to the program that rest the settings. Now, 3 months later a German record company is suing me for a chunk of money on top of wanting me to sign a contract saying I will prevent this for EVER happing again and will be fine $X,XXX per song next time if so. Number 1, no job, number 2, currently learning german to get a job. Number 3... IT WAS UNINTENTIONAL!!! I know thats a big no no and know its a hefty fine and its been clear for years now. I would understand a warning or a small fee but they want lifetime contract it will never happen again and a pretty penny! So now, not knowing the german laws and only living in germany for 6 months Im in a bind. Any advise? DEADLINE TO SEND IN SIGNED LETTER JULY 14 2011.

 

Thanks

 

[adminhide][/adminhide]

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Hi guys, need urgent advice.

Received a letter to pay 805 Euros for uploading a German produced porn via Bitorrent.

 

I had already done an anmeldung 2 days before to say that I am leaving Germany (which is true) tomorrow I get expatriated to asia.

 

I feel like 805 is over priced.

What should I do? I can only do anything today - after that, I leave the country for 1 to 2 years.

 

So should I pay up, or just ignore it in this case?

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If you ever want to settle back into Germany, probably best not to ignore it, but I admit you probably have other things to do today to get ready to leave. Wonder what they would do if you send them your new address somewhere in Asia though. These guys normally aren't after convictions, but one where you cannot defend yourself is easy for them to win, by default.

 

Tricky one...

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Gwaptiva is right but I can´t help wondering why a Maltese citizen would be expatriated to Asia...

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Just sent SysOve a more detailed PM, but it's generally a very bad idea to ignore an Abmahnung, because the lawyer can then go and obtain a court order. All you need to do to avoid that is to send a modified 'Unterlassungserklärung'. Even if you don't pay the 'fees', the copyright holder can no longer obtain a court order if you send him a properly filled out, modified UE. You don't want to sign the one enclosed with the Abmahnung because they usually include an admission of guilt and all kinds of other nasty clauses (that you legally do not have to sign).

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Lol, well as you say, I have still not finished packing, and have to take some more crap into my self storage.

 

This weekend I was in the UK to sell my car, so I also have no wheels today which makes everything else super slow.

 

Why Asia... well because I work for an international company and want me to train at HQ - going to Japan more specifically.

(By the way, I graduated in the UK).

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I believe the politically-correct term is "Speculative Invoicing" for this kind of mass mailed-merged letters sent from law firms informing you of alleged illegal media downloads.

 

This PDF handbook of the same name should provide some information as of what it is and what can be done about it. This is written from a UK perspective, but the principle should apply in Germany.

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The principle is the same, but the section on 'what you can do about it' doesn't apply to Germany at all.

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"Doesn't apply" as in the "don't give in and tell(*) them to go fcuk themselves" approach? I agree the court procedures (if it ever had gotten that far) will be obviously different due to differences in judicial systems, however.

 

(*) - Wait, don't even tell the lawyers anything; you just gave them more information to use against you.

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I live in a guest family... I downloaded a movie in Feb and only recently got a letter saying I am being fined 956 euros because I "intentionally" uploaded the film for other people to download... Which was not true. All I did was download this movie... I had no intention to distribute the film... However, my guest mother is getting fined since I used her internet... I am also moving back to North America at the end of the month... I have until the 21 of July to pay...

Any suggestions on what I should do?? I can pay it, leave Germany with a good frame of mind... Or... Apparently, if I write a confession saying that I did it, and not my guest mother then all the charges will be placed on me (this will also allow me to pay later on, in August maybe) and if I write this letter saying that I did it, I will probably get another letter back from the law firm saying I have until... Blah blah blah August to pay.. But I will be gone by then...

Which option to take?

If I am gone, even though they have my confession, can they come after me while I am already back home? Would they then go after my guest-mother again?? Does anyone know how this works?

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