Accused of torrenting copyrighted material

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No. It means practically that under German law the lawyers will be paid their fees (which might be 100 euro an hour or 700 euro an hour; it is irrelevant) regardless of whether the copyright owner (Sony or other) is successful in recovery pursuant to their letters of demand.

 

The rule is that lawyers cannot offer their services for a contingent or conditional (on success) fee.

 

I must say that the wording of that quote is ambiguous and, although I understand the rule by other means, I don't understand that text either!

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Hello everybody,

 

I have received a letter from .rka for downloading the movie Raid-Redemption via bittorrent and they ask for 800€. I didn't download this movie, there are other guys in my apartment and i share internet with them and besides, there are a lot of friends who came to my apartment and used my computer while i was not at home. The problem is it's me who sign a contract with the internet provider Alice so they sent this abmahnung letter to me. I have asked my friends but no one admits this download. I have read this thread and i see my only option is to get a lawyer. I would really appreciate if anyone could give me some advices or recommend to me some good lawyers.

 

Thanks in advance

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While one of the options is to get a lawyer 8and a number are suggested in this thread), he/she will only mitigate the costs - you can't defend the action. If the connection is in your name then you are liable for the data passing over it, and the actions of anyone you allow to use it.

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hi,

in the case of Danny.D 2 posts above, surely it is *completely impractical* for him to stop this happening?

 

To stop it could mean denying his flatmates all internet access - imagine if you moved into a shared flat and the first person there told you "I've got internet access myself, but you're never going to be allowed to use it, ever" - that just won't work in the real world.

 

Or, is he meant to keep 6 months worth of logs of everyone's internet activity (his flatmates and all guests) so that he can later track down who did what?

 

Perhaps confiscate the laptop and smartphone of each guest (after a thorough search of all their bags) when they walk through the door?

 

In real life, what can he do?

 

I think there was a case here where someone had a pub and had to pay when the public wifi there was used for filesharing, but i thought I read that the law was changed later or something?

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Or, is he meant to keep 6 months worth of logs of everyone's internet activity (his flatmates and all guests) so that he can later track down who did what?

 

Normal consumer routers are not prepared to keep such logs.

 

 

In real life, what can he do?

 

Share the legal costs.

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Normal consumer routers are not prepared to keep such logs.

 

Nevertheless, if the internet connection is in your name and you live in a shared flat, or if you regularly let people stay over/connect to your wifi, I think it's asking for trouble not to invest some time and money securing your network, as the price of laziness/ignorance can be extremely high (forget movie downloads, think the wrong kind of porn). A proper router is much cheaper than any legal troubles that may arise. After buying the router, 1) creating a secure guest user network with no access to the admin settings 2) setting up content filtering and logging for said guest account is a few google searches away.

 

Someone who doesn't really want/know how to do this should really think twice before giving the wifi password away.

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I did not mean it as an excuse. Just pointing out what is possible and what is not.

 

P.S., "A proper router" would mean some box with big storage and the know-how to set it up in a way that it can keeps such logs. And probably at the end you can only prove who connected to what but not really what was downloaded (encrypted connections).

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Nevertheless, if the internet connection is in your name and you live in a shared flat, or if you regularly let people stay over/connect to your wifi, I think it's asking for trouble not to invest some time and money securing your network, as the price of laziness/ignorance can be extremely high (forget movie downloads, think the wrong kind of porn). A proper router is much cheaper than any legal troubles that may arise. After buying the router, 1) creating a secure guest user network with no access to the admin settings 2) setting up content filtering and logging for said guest account is a few google searches away.

 

Someone who doesn't really want/know how to do this should really think twice before giving the wifi password away.

 

I had three different routers during the time I was living in Germany, plus I set up networks for all my work associates (approx 20 set ups). I think every router I brought or worked on had the login details printed on the base. I have only ever had one router (in the UK) where the login details are on a separate card. Doesn't then take a lot to get clear access to anything.

 

What nobody seems to pick up is that there is a clear issue of the difference between German law and many other nations. I was told when I first arrived "in the UK you can do whatever you want unless you are told not to; in Germany you can do nothing unless you are told you can". I took that with a pinch of salt, as it sounds like guilty until proved innocent. But that seems to be the main thrust of all these law cases.

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I had three different routers during the time I was living in Germany, plus I set up networks for all my work associates (approx 20 set ups). I think every router I brought or worked on had the login details printed on the base. Doesn't then take a lot to get clear access to anything.

 

The details printed on the router are only intended to get you up and running. Any competent installer would change those access details immediately. You might want to contact your 20 colleagues and tell them how insecure they are.

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I had three different routers during the time I was living in Germany, plus I set up networks for all my work associates (approx 20 set ups). I think every router I brought or worked on had the login details printed on the base. I have only ever had one router (in the UK) where the login details are on a separate card. Doesn't then take a lot to get clear access to anything.

I'm on my third router from my ISP, and the first thing I did after setting them up was change the default passwords. Every a consumer-grade router I've used had the ability to change the default security settings.

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Even if you couldn't change the default wifi and admin access passwords (which you obviously can) it would be a matter of copying the info into a safe place before scratching out the login details from the modem or painting over it.

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This has all been discussed to death, and beyond, in this thread. The pagination is your friend.

 

Reminds me of a movie I got caught downuploading called The Never Ending Story.

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Is watching on demand streaming videos/movies considered illegal or allowed?

 

I read an article ( link below) on a streaming site which has been punished, but not sure on the people downloading, esp when the website says that they would take copyright laws seriously and would like them to be informed in case anything on their website is illegal...

 

http://torrentfreak.com/download-site-founder-receives-4-5-year-jail-sentence-forfeits-4-7m-120615/

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For the n'th time, downloading is not illegal for private use, but uploading is. Offering copyright material for download is the same as uploading, which is what the guy was done for.

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So, here is my nightmare. One of my guests visiting me in Germany logged into my internet and had active torrents. Boom, I get a letter from Rasch wanting 1.200 euros. Crap!

 

I found a few law firms online that specialize in dealing with Rasch, and send a few emails.

 

The first firm I ending up speaking with told me they dealt with thousands of Rasch cases. We spoke on the phone for 5 minutes, and they told me for 226€ they would send the required legal doc to Rasch and then discuss how I wish to proceed on settlement. Perhaps nothing, or smaller amount.

 

Then they sent everything in German, I had a friend translate, and I sent the required papers, and they sent them to Rasch. I sent a follow up question regarding settlement, which they never answered.

 

Now, yesterday I get a bill from the firm I hired for over 1.700 euros, claiming 1.400 for english support. BUT EVERYTHING WAS IN GERMAN! And they mentioned nothing about this during my call, or I would have gone with someone else.

 

It would have been cheaper to pay Rasch. I am trying to contact them now, and sincerely hope this is some kind of mistake.

 

Any and all advice appreciated. I am near the end of my rope.

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How can you tell the difference between a run-over pig and a run-over lawyer on the motorway? There are skid marks in front of the pig.

 

They are trying to take you for a ride because you gave them the impression that you do not know how the system works around here. Pay the price that you agreed upon and have a German friend write that they are welcome to take you to court for the rest. Bonus points if they are not in Frankfurt because the court responsible for money owed is the one where the person owing the money lives. We played this game earlier this year with the Berlin lawyer that handled my girlfriend's divorce. She was very good in handling the divorce, but her bill was outrageous. We paid what we calculated was justified and although she wrote a very angry letter, she decided not to discuss her original bill in a Munich court.

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Thank you very much gaijin! I will certainly do that if necessary, but I hope it doesn´t come to that. We specifically discussed his rates and there was no mention whatsoever about english support charges - and as I said, everything was in German (except our first short phone call before I hired them), so I didn´t even get any english support.

 

The big worry I have is that things are not finalized with Rasch, so they could easily resurface, and then I am back where I started. Or worse, maybe he will stir the pot with them???

 

The impression I gave them was sadly correct - I don´t know how this system works, and am really getting screwed over as a result.

 

I hope he comes back and makes things right... :(

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Hello Everyone,

 

So I am in the same boat as a lot of the people here, namely that I've been caught downloading music. Two firms are after me and though I may have a chance at reducing the sum they want, my problem is more to do with the name on the letters. As I am not the owner of the internet, it's registered under my friends name, everything has come mailed to her. This caused some problems as you may imagine.

 

Now I've managed to get the letters changed to my name but one firm still demands that my friend sign a 'Strafbewehrte Unterlassungserklarung' stating that she'll never download again. The problem is they won't let us change the name and as you can imagine she doesn't want to sign it.

 

My question is does anyone know what will happen if she doesn't sign it? I figure if I pay and accept responsibility then what can they do? The lawyer from the company simply span a load of shit rather than give a straight answer.

 

Any experience/help would be much appreciated!!

 

Thanks

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