Accused of torrenting copyrighted material

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i should add the the lawyers i have spoken too they all seem keen that i sign an amended letter that effectively admints that i uploaded that movie and in addition pay the legal fees for both sides. the lawyer i spoke to, didnt even ask me if it was me, my router, or if i had a computer for that matter. immediately he send i should sign the letter and aske me to pay him 300 for hsi services!

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Do NOT pay 1200 Euros. It is far too much and you're right, it's legal extortion. I guess if they target lots of people and a few are frightened into parting with the cash then it makes sense for them to send out as many of these as possible. I think the way forward is that if you did download it you can pay something like 100 Euros and send them back a different version of the declaration they sent you. Then don't do it again (or do it through a proxy).

 

Alternatively, if you definitely didn't download it don't pay them anything.

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This is what I am trying to explain to my defense laywer but he insists that they will take legal action and I will lose! I am really dissapointed by the German system that allows/enables these things to take place. I mean the business model is so obvious here. Scare people into paying. I doubt any of their claims would hold in court. Getting my data is illegal in the first place.

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I'm a bit confused as to whether people are being caught for downloading or sharing/uploading movies. In the case of music it seems that the issue is sharing and from what I've seen and read it is through Bit-torrent, Limewire or other related P2P services. It would be really helpful to find out what the situation is with the movies. Where and how were they downloaded? Was the offense downloading or sharing? What legal companies are targeting people?

Whether this is legal extortion or a backlash from the movie industry is almost beside the point right now, the fact of the matter is that people are being caught we should at least know what activity is getting people caught.

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Weevil, what is the proxy you use? : )) you can pm me if you like. here is what I did for anyone reading this thread, and I just sent nerovelho a pm about this.

 

I actually went to a friend who is a lawyer (although in a different area) and he spent a lot of time investigating it for me along with his colleagues. He recommended that I do pay, but not the whole amount. He said to pay 500Euros which is what I did. This is because if these Baumgartenbrandt guys did take me to court for not paying the full amount, it would cost them to do that and they would only win 700Euros. But if it cost them say 300Euros in court then really they are only making a small profit. So most likely they will just accept the payment.

I was really tempted to only pay 100Euros like Weevil but because I got this advice from a friend and it was free I decided to take it. Friendship is more valuable.

 

But my lawyer friend did say that what these guys are doing is legal. They are basically forcing us to pay them for the work that they did to find out that something illegal happened!

 

As I see it, there are four options.

1. Send a reply and pay 0 - 500.

2. But if you are 100% sure you did not upload it then maybe you could just write a reply letter, deny that you did upload this, and then the burden of proof is on this company which I personally doubt that they would follow up.

3. Go to your embassy. Might be worth doing that anyway.

4. Do nothing. That is what patsy who started the thread did.

 

In your shoes I would do 1. and pay 100Euroos. I could not stand the pressure of waiting myself. But that is just me. I wanted this thing off my mind.

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guys,

 

i got a letter from baumgartenbrandt at an older address. the letter came to me via the current owner of the apartment. it says i should pay 1200 for a movie. i am sure did not download the movie (antichrist).

 

anyway what do you think i should do?

 

i spoke to a lawyer you is also suggesting that i admit i did it because it is the 'cheapest' thing to do.

 

has anyone spoken to British embassy about this. I mean this is extortion.

 

let me know of your response. Whatever happended to patsy? the lady that started this post? have they bugged her again? it is the same lawyers i got the email from

 

best

nero

 

First, as NoBullJim already stated, get yourself a new lawyer. Yours gave the worst advice possible - as other people have stated, it's quite easy to negotiate a lower amount at the very least. Even if I had to pay a sum at the end, I would never admit guilt to this - especially if I didn't do it.

 

Then I'd think about what I was doing on the day in question and who might have done the downloading. Do (or did) you have an open WLAN? Did you have friends or family around who used your connection, who may have done the downloading? If you can't figure it out, then I'd tell them that they should provide you with some proof.

 

I went through this a few years ago, so if you want the name of a good lawyer who can help you in this case, send me a PM.

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My understanding is that people are being fined for UPLOADING and not downloading. When you download using P2P you are automatically uploading pieces of the file to anyone who wants it. When you seed you are sharing the whole file. It's the uploading that people are being done for. If you use Utorrent for example as I used to do, you can see a list of people's ip addresses who are currently sharing. I guess that's what these leeches/lawyers are doing and charging you 500 Euros for their time.

 

These legal extortion letters are becoming more and more common in Munich so I've actually not downloaded anything since I paid up. I subscribed to my-private-network.co.uk and the joy of being able to watch British TV again meant I had no time for downloading. I also got a PS3 and decided it was better to rent blu-ray discs from the local movieplanet24 for 80 cents a time than download dodgy hand held cam movies.

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It is an important distinction as to whether someone is being caught for downloading or sharing/uploading. And I think you're right Weevil, I think in all these cases here we're talking about uploading.

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Hi guys, just an update on the current state of things...we have ignored both letters which came in August 2009, and have heard nothing else. My husband has always said that with dynamic IP it cant be proven that a certain film was downloaded. We have stopped downloading since then. Maybe he is right, it is scare tactics...

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Getting my data is illegal in the first place.

Not if you are with Telekom - they sell client data to anybody who is paying the right amount :(

 

 

What legal companies are targeting people?

Mostly these: http://abmahnwahn.homeip.net/

(in case link does not work, here's the main page: http://www.abmahnwahn-dreipage.de/)

 

 

When you download using P2P you are automatically uploading pieces of the file to anyone who wants it.

That's why Peerblock is highly recommended for any and every computer connected to the internet. Even if not sharing, make life for these parasite lawyers as difficult as possible.

 

 

I subscribed to my-private-network.co.uk and the joy ...

How about the bandwidth, 2 GB/day would still be okay?

 

 

I think in all these cases here we're talking about uploading.

As far as I know, the file-sharing systems like bittorrent work only as long as participants are up- and downloading...

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Not if you are with Telekom - they sell client data to anybody who is paying the right amount

Is that true? And if so what is a better more secure company, if any exist?

 

I think we are just seeing the tip of the iceberg here and I for one am very worried that over the next year or two more and more leach like legal firms in this country are going to be targeting a huge number of people with these tactics. Something's going to get broken with this.

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Maybe the pirate party will start naming and shaming the law firms or start demonstrating outside them or taking stronger steps.

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Is that true?

Unfortunately yes. Telekom used to hoard user data illegally, only to yield it to any corporate interest knocking the door, again illegally. There were several lawsuits some years ago, all of them lost by T., just not sure Telekom even tried to get better in that regard. Our main problem is that we don't have any real good communications company around, they all suck in one way or another. With Telekom at least the technical staff is tops...

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Just found out a friend of mine has received a legal letter from Munich asking for cash for one downloaded German film.

 

Anyone else had something similar?

[adminmerge][/adminmerge]

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I think this explains it:

 

http://www.sbhacker.net/forum/index.php/topic/25153-usaextortion-like-mass-automated-copyright-lawsuits-come-to-the-us-20000-filed-30000-more-on-the-way/

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Unfortunately yes. Telekom used to hoard user data illegally, only to yield it to any corporate interest knocking the door, again illegally. There were several lawsuits some years ago, all of them lost by T., just not sure Telekom even tried to get better in that regard. Our main problem is that we don't have any real good communications company around, they all suck in one way or another. With Telekom at least the technical staff is tops...

 

As much as I hate Telekom (third termin on Tuesday for DSL...), it wasn't directly Telekom who sold the data. They were outsourcing sales to some independent call-centers, and those were actually the ones who sold the data. However this just makes it worse.

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