Accused of torrenting copyrighted material

3,143 posts in this topic

If you are clever enough to upload illegally then you are clever enough to use the search function. Plenty of lawyers are named in this thread for a start.

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Hello,

 

I received an Abmahnung few days ago of a song that was illegally downloaded using my internet-connection by the end of the last month. To be honest I am so anxious. I do not see this coming.

I contacted a lawyer and he said he will settle this.

 

Still I have a question regarding previous P2P activity I have done in the past four months.

 

Do you think it is a good idea to write Emails to those companies stating that I violated their copyrights but I deleted all the content and will not do it again. More like a pre-emptive step. I honestly regret doing that but in my country I have never heard of something like this.

 

Thanks in advance,

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@ bal00

But they are right as far as the mod UE is concerned. Unterlassungserklärung means that you promise to stop doing something. Which implies that you did it before. It's like an admission of guilt. If you didn't do anything it's not the best thing you can do.

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That's exactly what a mod UE doesn't do. The phrase 'ohne Anerkennung einer Rechtspflicht' is very important. It's absolutely not an admission of guilt.

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Just curious... Has anyone received a letter when downloading from a file host such as rapidshare/mediafire/etc?

 

Or is this only happening to people who upload to file hosts and use bittorrent (as it uploads too) ?

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Yes i want to know the answer for the question from jmartini too, because I usualy use mediafire,etc but no torrent.

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It's your lucky day! You only have to look one post above yours! :)

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Has anyone paid Rasch less than they asked for (asking €1200) and had them stop chasing? eg common amounts seem like €850 or €900. If they received €600 without an admission of guilt would they likely chase for the rest?

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I had a similar letter to everyone a year ago and hve just recieved another. For the previous one I contacted a lawyer and he adv ised to to deny downloading anything and to say I am not paying anything. It worked, they stopped requesting a fine and I didnt hear from them again. I shall be doing the same again.

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i got another letter from Rasch.

in this one, however, they ask not only for an Unterlassungserklärung but also for a Vergleichsannahmeerklärung. anyone know what this is or what i should do about it?

thanks!

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They're asking you to sign a form stating that you accept (annehmen) the suggested settlement (Vergleich).

 

I'd suggest you see a lawyer, if you don't plan to ignore the matter entirely.

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el jeffo, thanks for your quick reply!

i received a similar letter before and i sent back the Unterlassungserklärung using one of the templates from the links that bal00 posted earlier in the thread. as far as i understand i should be legally covered, at least regarding the copyright violation accusation. i plan on sending one back to Rasch now but am not quite sure what to do with the other document they want me to sign.

would i be leaving a criminal process open if i do not send back the signed Vergleichsannahmeerklärung?

bal00, you seem to know a lot about this issue; do you have a recommendation as far as what to do with this one?

thank you very much for all the help guys!

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Most law firms send you a UE to fill out along with the Abmahnung. They usually say something like:

 

1) I promise not to share the material in question in the future.

2) I admit to the copyright violation.

3) I accept the proposed settlement and promise to pay you XXX,XX Euros.

 

Rasch simply puts 3) on a different piece of paper. It's no different than any other Abmahnung. If you sign the Vergleichsannahmeerklärung, you have to pay.

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Hi everyone,

 

Looks like my time has come and I've received one of the dreaded "Warning" letters from Sasse & Partner. They're asking for a single 800 Euro settlement payment, and seeing as the deadline for returning the declaration form is 15.04.2012, I'm seriously worried that I won't even have time to speak to a lawyer to explore the possibilities of having a return document modified.

 

I've read through this thread, but am still a little lost as to where to turn and would really appreciate a push in the right direction.

 

Thanks in advance!

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Just wondering if anyone here has ever been prosecuted for downloading any tv-series? I read somewhere on this forum that downloading series would somehow be okay? I find this statement a bit weird, especially if the series in question has been released on DVD.

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If you read the recent posts on this thread you'll see a recent precedent was set with regard to television shows. Downloaders of these are now also being targeted.

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