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Re: downloading movie from bittorent and have to pay now

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downloading movie from bittorent and have to pay now vijay raud 8/18/10 11:09 PM
Re: downloading movie from bittorent and have to pay now K Kali 8/18/10 11:53 PM
Re: downloading movie from bittorent and have to pay now Max max 8/19/10 12:19 PM
Re: downloading movie from bittorent and have to pay now vijay raud 8/19/10 10:43 PM
Re: downloading movie from bittorent and have to pay now John Daniel 8/20/10 12:28 PM
Re: downloading movie from bittorent and have to pay now R V 8/20/10 7:13 PM
Re: downloading movie from bittorent and have to pay now vijay raud 8/21/10 5:19 PM
Re: downloading movie from bittorent and have to pay now rechtsanwalt jain 8/22/10 6:49 PM
Re: downloading movie from bittorent and have to pay now Max max 8/23/10 11:53 AM
Re: downloading movie from bittorent and have to pay now raj kumar 8/23/10 12:23 PM
Re: downloading movie from bittorent and have to pay now John Daniel 8/23/10 2:26 PM
Re: downloading movie from bittorent and have to pay now John Daniel 8/23/10 2:32 PM
Re: downloading movie from bittorent and have to pay now Maddy Vishwa 8/23/10 8:00 PM
Re: downloading movie from bittorent and have to pay now raj kumar 8/23/10 8:05 PM
Re: downloading movie from bittorent and have to pay now vijay raud 8/23/10 8:14 PM
Re: downloading movie from bittorent and have to pay now John Daniel 8/23/10 9:11 PM
Re: downloading movie from bittorent and have to pay now John Daniel 8/23/10 9:14 PM
Re: downloading movie from bittorent and have to pay now Zeeshan Javeed 8/23/10 9:25 PM
Re: downloading movie from bittorent and have to pay now vijay raud 8/23/10 10:56 PM
Re: downloading movie from bittorent and have to pay now vijay raud 8/23/10 10:57 PM
Re: downloading movie from bittorent and have to pay now S Kadkade 8/24/10 9:36 AM
Re: downloading movie from bittorent and have to pay now Max max 8/24/10 12:12 PM
Re: downloading movie from bittorent and have to pay now John Daniel 8/24/10 2:44 PM
Re: downloading movie from bittorent and have to pay now vijay raud 8/24/10 2:53 PM
Re: downloading movie from bittorent and have to pay now John Daniel 8/24/10 2:59 PM
Re: downloading movie from bittorent and have to pay now Maddy Vishwa 8/24/10 6:29 PM
Re: downloading movie from bittorent and have to pay now S Kadkade 8/24/10 10:45 PM
Re: downloading movie from bittorent and have to pay now vijay raud 8/25/10 12:38 AM
Re: downloading movie from bittorent and have to pay now vijay raud 8/25/10 12:51 AM
Re: downloading movie from bittorent and have to pay now fargo gagoi 9/16/11 2:29 AM
Re: downloading movie from bittorent and have to pay now John Daniel 9/16/11 1:40 PM
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.
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Re: downloading movie from bittorent and have to pay now
Answer
8/18/10 11:53 PM as a reply to vijay raud.
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.
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Re: downloading movie from bittorent and have to pay now
Answer
8/19/10 12:19 PM as a reply to vijay raud.
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.

DONT USE BITTORRENT
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Re: downloading movie from bittorent and have to pay now
Answer
8/19/10 10:43 PM as a reply to vijay raud.
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.
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Re: downloading movie from bittorent and have to pay now
Answer
8/20/10 12:28 PM as a reply to vijay raud.
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 .... emoticon
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Re: downloading movie from bittorent and have to pay now
Answer
8/20/10 7:13 PM as a reply to vijay raud.
@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!!
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Re: downloading movie from bittorent and have to pay now
Answer
8/21/10 5:19 PM as a reply to vijay raud.
@engineer: what do you mean social?

@Raj2009: is your comment directed to me??
I am confused.
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Re: downloading movie from bittorent and have to pay now
Answer
8/22/10 6:49 PM as a reply to vijay raud.
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-im-internet.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-im-internet.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-im-internet.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.
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Re: downloading movie from bittorent and have to pay now
Answer
8/23/10 11:53 AM as a reply to vijay raud.
haha Raj my english is horrible because I eat chicken with yogurt.

Anyhow I love your comment, have a nice day :-)
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Re: downloading movie from bittorent and have to pay now
Answer
8/23/10 12:23 PM as a reply to vijay raud.
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.
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Re: downloading movie from bittorent and have to pay now
Answer
8/23/10 2:26 PM as a reply to vijay raud.
social == Hartz IV
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Re: downloading movie from bittorent and have to pay now
Answer
8/23/10 2:32 PM as a reply to vijay raud.
@raj2001

Abmahlung is serious !

Even if one sends money to home country then the future earnings can be blocked.

As informed this can be solved using a lawyer and things can be very well negotiated.

For Example If one made this mistake for first time and there are kids in the house. The amount can be negotiated. Even they can leave you without paying anything.

This is not as like freenet isssue emoticon.
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Re: downloading movie from bittorent and have to pay now
Answer
8/23/10 8:00 PM as a reply to vijay raud.
was just interested to know whether these lawyers represent german copyright owners or owner contents frm around the world? i mean, whether one can get away by downloading non germany related files.

Thnx
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Re: downloading movie from bittorent and have to pay now
Answer
8/23/10 8:05 PM as a reply to vijay raud.
Also please note you can download whatever you want just reduce the upload to .1K and and download to unlimited for any P2P.They only go after people who upload not those who download.
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Re: downloading movie from bittorent and have to pay now
Answer
8/23/10 8:14 PM as a reply to vijay raud.
my lawyer sent me a modified unterlassungerklärungform which is only slightly different (mention I am responsible if I shared it in my will)

is it okay??

Can they trace back what I have downloaded in the past (for example, 2 months or 1 years ago)? AND
I will get fine by multiple files?
any experiences?
thank you.
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Re: downloading movie from bittorent and have to pay now
Answer
8/23/10 9:11 PM as a reply to vijay raud.
@VP_2004

<<<<<Can they trace back what I have downloaded in the past (for example, 2 months or 1 years ago)? AND
I will get fine by multiple files?<<<<<

Concerning the past mistake, you will get the latest letter from the copyright company.

Ofcourse there may be some other company have also noted your IP.

Don't be afraid too much, You are a random guy have cought in the nest.
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Re: downloading movie from bittorent and have to pay now
Answer
8/23/10 9:14 PM as a reply to vijay raud.
@orangepajamas

All over the world mostly movies and music
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Re: downloading movie from bittorent and have to pay now
Answer
8/23/10 9:25 PM as a reply to vijay raud.
Hi,

Is it by law that they only go for uploaders not the downloaders ?
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Re: downloading movie from bittorent and have to pay now
Answer
8/23/10 10:56 PM as a reply to vijay raud.
@ engineer: I am caught and wrong. I will go with the consequences.

however, what I don't like is that if the same company come back to me and said, hey you have downloaded movie number 2, 2 years ago.
and they send me another letter.
you know what I mean??

after this stupid things, I won't downloaded things anymore.
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Re: downloading movie from bittorent and have to pay now
Answer
8/23/10 10:57 PM as a reply to vijay raud.
and what is it mean to be held responsible for 30 years? for the same movie?
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Re: downloading movie from bittorent and have to pay now
Answer
8/24/10 9:36 AM as a reply to vijay raud.
@VP_2004

Was it Hollywood or Bollywood movie?
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Re: downloading movie from bittorent and have to pay now
Answer
8/24/10 12:12 PM as a reply to vijay raud.
I talked to my friend.He has already paid 1900 euro and he need to pay more 2000 euro for that he has appointed the lawyer and perhaps he need to pay half of 2000 euro .But he definately has to pay.
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Re: downloading movie from bittorent and have to pay now
Answer
8/24/10 2:44 PM as a reply to vijay raud.
Yes ... Its serious.

It becomes more complicated when one has done many downloads from the same copyrights.

For example
If you have downloaded only one time and have been cought. for example fine is 1000 euro.
You can negotiate to 200 to 400 euro and close the contract. If you are poor even without fine can be done. the contract will have 3 years binded any time they can come back. Say if you have paid some money (200 euro) and closed the contract. Then it is safe ...

You need to be very careful not to do any download for the same copyrights for the fore coming years. Mostly for the next 3 to 30 years (According to the contract). If you have done again then it is very serious. The next time fine will be around 10K - 50K Euro.
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Re: downloading movie from bittorent and have to pay now
Answer
8/24/10 2:53 PM as a reply to vijay raud.
@deathink - thank for the info. was it from download long time ago? (1 year? 1 month?)

@engineer - no, i will never use that dammed program again :-D

I will update if I have some news from me.
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Re: downloading movie from bittorent and have to pay now
Answer
8/24/10 2:59 PM as a reply to vijay raud.
some have been cought only with <bold> SLOW speed </bold> internet setting. Even though they did download for more than 10 years emoticon with high speed ;)

They need only file name and file header plus IP address to sue you.

Its not like 100 % downlaod completion is needed.
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Re: downloading movie from bittorent and have to pay now
Answer
8/24/10 6:29 PM as a reply to vijay raud.
damn...never knew using bit torrent can get u in so mch trouble...better to stay away from it...can get free mp3s from various other sources/websites...cant say the same for movies thou !
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Re: downloading movie from bittorent and have to pay now
Answer
8/24/10 10:45 PM as a reply to vijay raud.
@VP_2004

Was it Hollywood or Bollywood movie?
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Re: downloading movie from bittorent and have to pay now
Answer
8/25/10 12:38 AM as a reply to vijay raud.
just type abmahnung Werke then you will know.
Holywood, german, mp3, books, porn, etc etc.
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Re: downloading movie from bittorent and have to pay now
Answer
8/25/10 12:51 AM as a reply to vijay raud.
I have done some research in website, it seems the operation modus is the following:
1. there are IT companies that collect and sell
info about IP address, what and when
2. Fxxxxxxx lawyer buy the information
2. Fxxxxxxx lawyer go to internet provider to
ask them to disclose info about name and address
From the website below I read that:
- certain IP disclose the info very fast
- the percentages of victim from these certain
IP are significantly higher than others
and therefore I am going to change mine as soon
as I am done with the contract.
http://www.abmahnwahn-dreipage.de/Abmahnstudien.html
3. Fxxxxxxx lawyer send you abuse letter
4. and you are screwed

From my opinion, there are very big possibility that the IP hunter will record everything and just save it in their database and it may become handy or commerciable some day.

@engineer - not being caught now, doesn't mean safe already :-D!

I hope there are not many GC-ers here are working for this IP hunter company.

Any comment form others?
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Re: downloading movie from bittorent and have to pay now
Answer
9/16/11 2:29 AM as a reply to vijay raud.
Hi,

My friend is in the same situation. He got a letter from Rechtsanwalt and the letter is in same way as described earlier by Vakalat.

Someone in earlier post mentioned that one should not sign the pre-formulated letter they sent along with it. Then what should be the next course of action?

Can this be negotiable? If yes, how? Any tips!

Thanks,
Fargo
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Re: downloading movie from bittorent and have to pay now
Answer
9/16/11 1:40 PM as a reply to vijay raud.
it is a business started by some unemployed group of lawyers. there is no other way other than negotiating the case with another lawyer.

If you are in social you have very good chance to escape. if you are working and have money. oops emoticon I am sorry ...

Again don't sign the papers and send them ...it has very worst text like slave contract ;).
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