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downloading movie from bittorent and have to pay now
Posted on 18.08.2010 20:09
downloading movie from bittorent and have to pay now
Hi,
do any of you have the following experience?
Downloaded movie from bittorent and get letter from the copyright owner of the movie lawyer to pay some money?
in this case U+C Rechtanwälte?
thank you.
VP_2004
Member since 15.11.2004
Posted on 18.08.2010 20:53
Re: downloading movie from bittorent and have to pay now
I hope the bill is not high.
In general these issues cannot be argued and also rechtsversicherung doesnt cover these.
Are you sure that you have downloaded and also allowed uploads ?. ( I guess download is not the problem, but the upload is - Meaning Sharing).
IF you have downloaded and agree to it, just pay it else take it verbraucher zentrale.
My reply doesnt help too much , but this is the info that i know.
ISSUES
Member since 14.06.2010
Posted on 19.08.2010 09:19
Re: downloading movie from bittorent and have to pay now
My friend got fucking 4000 euro fine in total for downloading stuff from bittorrent.He got something like 200euro from here 150 euro from there ,300 euro for downloading this stuff ...and majourity of fine was for downloading german pornos and majourity of them was not even completed downloading ..just like 2% downloaded and he got caught.
I dont think u can escape from them ..Anyhow He will meet lawyer today I will write what will happen.
-------------
I stop downloading stuff very very long ago ,Neither I watch movies nor TV since almost a year.
[b] DONT USE BITTORRENT [/b]
deathinc
Member since 03.06.2005
Posted on 19.08.2010 19:43
Re: downloading movie from bittorent and have to pay now
yes, I have read in internet that people that pay and sign the paper, get this kind of trouble.
the will get letter to pay this and that, that never end.
I have forwarded the letter to my lawyer immediately.
Deathink: could you please be kindly to update me about your friend case?
I will do the same when I have something new in my case.
Yes, it is very stupid of me to do this downloading stuff.
VP_2004
Member since 15.11.2004
Posted on 20.08.2010 09:28
Re: downloading movie from bittorent and have to pay now
Very IMPORTANT - Don't sign the paper which they send you. It will have lots of legal clauses and leads to more issue in future. Most of the contract will have legal binding for 30 years.
Ofcourse at initial stage don't pay the money they asked for and never sign the document which they send you ...
Things can be negotiated using a lawyer and you can come out without paying any thing or a small amount.
If you are social this problem can be solved with 10 euro. if you work and have money then .... 
engineer
Member since 12.10.2005
Posted on 20.08.2010 16:13
Re: downloading movie from bittorent and have to pay now
@deathinc
"I stop downloading stuff very very long ago ,Neither I watch movies nor TV since almost a year".
First your English is so horrible, second you just committed downloading illegally and I hope some guys watch this thread and make you pay for this crime and also for bringing bad name to my country INDIA.
Go get some life you jerk...you thief!!
Raj2009
Member since 14.07.2009
Posted on 21.08.2010 14:19
Re: downloading movie from bittorent and have to pay now
@engineer: what do you mean social?
@Raj2009: is your comment directed to me??
I am confused.
VP_2004
Member since 15.11.2004
Posted on 22.08.2010 15:49
Re: downloading movie from bittorent and have to pay now
engineer has given good advice.
There is often a structure behind it:
Usually the letter from the lawyer will begin with mentioning whose copyrights they represent, they mention when the files have been supposedly shared revealing the IP address that points to the addressee.
They state they have used the discovery procedures according to § 101 Abs.9 UrhG (German copy right law)
http://www.gesetze...et.de/urhg/__101.html
and forced the internet service provider to divulge the user data.
They go on saying that as the owner of the data connection you have civil liability for any copyright infringements perpetrated via this connection. The letter continues affirming that they have a claim for a pecuniary cease and desist promise, for damages and elimination of the file.
They demand that the file be eliminated and that you issue the cease and desist declaration. In order to make it easy, they have annexed a pre-formulated letter to that effect which you have just to sign within a short dead line.
After that they explain that according to § 97a Abs.1 UrhG
http://www.gesetze...et.de/urhg/__97a.html
you have to pay for the costs of the lawyer. As value of claim they cite an amount of, for example, € 25.000,00. They say that § 97a Abs.2 UrhG
http://www.gesetze...et.de/urhg/__97a.html
is not applicable as this is not a bottom-of-the-line case.
Further, they remind you that their client can claim damages and, finally, offer the following settlement:
Vergleichsangebot
„Namens und im Auftrag unserer Mandantschaft können wir Ihnen allerdings anbieten, dass durch Zahlung eines einmaligen Betrages in Höhe von
650,00 € und Abgabe der anliegenden Unterlassungserklärung, die Angelegenheit zivilrechtlich erledigt ist.
Mit der Zahlung dieses pauschalen Betrages und gleichzeitiger Abgabe der Unterlassungserklärung sind alle Schadensersatzansprüche aus der Rechtsverletzung (§97 UrhG) sowie alle anwaltlichen Gebühren abgegolten. Davon umfasst sind insbesondere
• die Kosten der Abmahnung einschließlich der Geltendmachung der Unterlassungs- und Schadensersatzansprüche,
• die Anwalts- und Gerichtskosten des Verfahrens vor dem LG Köln
• die Kosten der Ermittlungsfirma zur Feststellung der Rechtsverletzung
• die Aufwendungen, die Ihrem Provider gemäß § 101 Abs.2 UrhG zu erstatten waren.”
They close with a deadline for payment and bank account details.
As engineer warned, one should not prematurely and unreflectedly sign the enclosed letter. Doing so would be admitting and acknowledging liability also with regard to the legal fees. One would be bound for 30 years without taking into account possible changes in law.
On the other hand, staying passive could provoke more costs if the claimant takes the next step and files for injunctive relief. That is why it is usually prudent to issue the cease and desist statement in a modified form.
In this context, it is worth pointing to a recent decision of the Federal civil Court (BGH, Urt. v. 12. 5. 2010 – I ZR 121/08) which was much publicised.
In this case the BGH ruled that not securing one’s W-Lan access point can result in being liable for such cease and desist claims. In this particular case the defendant was accused of a similar file sharing copy right infringemen. The plaintiff demanded a cease and desist promise and additional damages. The defendant was in the lucky position that he could prove that, at the time of infringement, he was actually on vacation and therefore could not have been the perpetrator. On the downside, however, his W-Lan access point was unsecured. The BGH held him therefore liable for having to grant the cease and desist promise, but rejected claims for damages.
vakalat
Member since 21.11.2007
Posted on 23.08.2010 08:53
Re: downloading movie from bittorent and have to pay now
haha Raj my english is horrible because I eat chicken with yogurt.
Anyhow I love your comment, have a nice day 
deathinc
Member since 03.06.2005
Posted on 23.08.2010 09:23
Re: downloading movie from bittorent and have to pay now
Keep downloading and just ignore these letters.They will not put you in prison,also make sure you regularly transfer your money to your home country and keep the bank balance null so even they freeze your account they get nothing.If you are a foreigner they cannot do much to you and anyway you can return to your home country and these guys cannot do anything to you there.
raj2001
Member since 10.06.2008
Posted on 23.08.2010 11:26
Re: downloading movie from bittorent and have to pay now
social == Hartz IV
engineer
Member since 12.10.2005