Accused of torrenting copyrighted material

3,143 posts in this topic

 

bal00 and gaijin,

thanks for the quick replies, i hope the explanation is as helpful for others as it was for me.

 

It was. Thanks guys. I have Dr. (name removed) writing up the modified UE, as we speak. I was already toying with the idea of doing just the mod. UE and ignoring the money. Now I know that that's what I will do. :)

 

Edit: Whatever happens, my kid is paying for it ;) , but I've capped his damages at the original 700 Euros, since it was my decision to go to a lawyer and to not pay the fee, instead of simply paying the 700 and be done with it.

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when filling out the mod eu what goes here?

 

Verlag GmbH & Co. KG group pattern, pattern Strasse 2-3, 51000 Musterberg,

 

Name of firm?

Owner of copyright?

 

Its re walking dead.

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so just to be sure, do you guys think ive done my part and should ignore the last letter they sent?

thanks!

 

If they have accepted your mod UE, there's only one decision left to make: pay or don't pay.

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when filling out the mod eu what goes here?

 

Verlag GmbH & Co. KG group pattern, pattern Strasse 2-3, 51000 Musterberg,

 

Name of firm?

Owner of copyright?

 

Its re walking dead.

 

In the mod UE itself, you always put the rights holder (full name and address). You can usually copy that from the UE sent together with the Abmahnung. Then you send it to the law firm that contacted you (as Einschreiben mit Rückschein).

 

If you haven't received an Abmahnung yet and it's a 'pre-emptive' mod UE, you send it directly to the rights holder, not their law firm.

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I have Dr. (name removed) writing up the modified UE, as we speak.

I won't really know if I'm happy with her until I have to pay the 700 Euros or not, but I was very happy with the service and advice that she gave.

 

I didn't really shop around, so I don't know if the price is good or not: The flat-fee for the modified UE, advice and representation out of court was 250 + MwSt.

 

Here's how it worked: I scanned in the documents and sent them to her per email. She responded with some questions and a power of attorney to act in my name and a fee agreement. I emailed her the answers, signed and faxed the agreements back to her.

 

She sent me a modified UE for approval and gave me some advice on the different possibilities on how to proceed.

 

I asked a few questions, which she answered to my satisfaction and now she's sending off the modified UE.

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It appears Dr. (name removed) is too busy to take on more clients. Anyone got a list of other lawyers who provide this service?

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or has anyone got a draft of a mod UE re sasse and partner walking dead. i have tried contacting 4 lawyers but all are too busy and i might need to prepare one myself.

 

my german is poor, the demo document online... i cant make head nor tails of it.

 

but if someone has an example they have filled out in direct relation to sasse and partner letters?

 

i would be greatful to get a look at it, even if you change your name to john doe,

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It appears Dr. (name removed) is too busy to take on more clients. Anyone got a list of other lawyers who provide this service?

 

I must have been at the front end of a huge wave of these letters, because there was absolutely no problem when I called her. They told me just to email them the scanned documents.

 

It's kind of weird, anyway, as surely she just has an assistant fill in your information into one of the standard letters they have to deal with this. Easy 250 bucks, who doesn't have time for that?

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If your neighbour's car is found wrapped around a tree, and he says he saw someone that looked like you stealing it, and your fingerprints are on the steering wheel, merely pointing out that fingerprints can be copied and that people can wear disguises will not help you. Unless you can prove that you were somewhere else at the time, you'll have a lot of trouble getting out of this one.

Same with filesharing and IP addresses.

 

The analogy could also be this: An unknown person steals your neighbour's car and wraps it around a tree and the city gets the blame for building the road that enabled this to occur...

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Sorry, but we have no more capacity and cannot accept more clients at the moment. Please contact another law firm.

 

Mit freundlichen Grüßen

 

Dr. (name removed)

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Regarding the issue of security of who has downloaded from a persons IP, almost every router you see these days has a pre shared key typed onto the back. Every T-com router I had while in Germany certainly did. Routers need to be reasonably out in the open and visible to enable them to get a good signal throughout the house. If anyone visited my home, I would only have had to leave the room for 20 seconds for them to have been able to turn the router round and see the key - perhaps take a quick snap with their phone, and then they would have access to my IP. There should be a defence of "it wasn't me, and I don't know who it was" if that is genuinely the truth.

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Sorry, but we have no more capacity and cannot accept more clients at the moment.

Have you tried Dr. Berhard KNIES like fraufruit recommended. He said he has gotten busy but he really seems to know what he's doing. I guess if you're not comfortable with German it's less of a risk to take.

 

Also for an update of my case, it seems we might not have to pay the fines, just the lawyers' fee. Still waiting for the bill thought.

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The lawyer named by Guest has emailed requesting that their info be wiped from this website. So that's now been taken care of.

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You would think. But she wrote a bunch of German-language legal gobbledygook, the whole email underlined (at least it wasn't in caps), and included threats of legal action. All a bit odd.

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I got a PM from someone yesterday, asking if she could have a copy of the modified UE that I got from her, so she could use it to write her own.

 

I didn't feel right about that and tried to politely get rid of her, by telling her that it was on my machine at home and that I wouldn't be there until the weekend, figuring that would be too late for her, as the deadlines are extremely short on these things. It turns out that wouldn't be too late for her, so I just ignored her subsequent PM.

 

Now I'm wondering if the two are related or not...

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Well, it's in line with standard German lawyer form not beyond the realm of imagination that she may have some feelers out to see if her advice and formulation (it is some type of saleable intellectual property, to be fair) was being punted out at no charge. There's probably a tendency to be suspicious by nature of their profession.

 

2B

 

Edit: It could also be a guest read it here and called her to try for an appointment referring to the thread after which she may have checked it out herself. So not necessarily related to the PM you'd got yesterday.

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The media companies and the lawyers are all in cahoots.

 

It's one big scam from start to finish.

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(it is some type of saleable intellectual property, to be fair)

I don't know about the legality of it, but that is what made me feel uncomfortable about giving her my modified UE, and why I didn't give it to her.

 

P.S.: My PM probably does have nothing to do with it, it was just a thought.

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