I got 550e fine for downloading hateful 8.

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Sturm
Posts: 450
Joined: November 30th, 2015, 9:27 am

I got 550e fine for downloading hateful 8.

Unread post by Sturm » June 13th, 2017, 10:03 am

A law firm sent me a letter where they claim I downloaded hateful 8 illegally and I have to pay 550e settlement or they will sue..


I aint paying.. They have sent the same letter to a lot of peeps hoping some1 is idiot enough to pay the sum.

Fishing..

I did download hateful 8 via bittorrent.
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realgrimm
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Re: I got 550e fine for downloading hateful 8.

Unread post by realgrimm » June 13th, 2017, 10:53 am

First and most importantly, you have zero legal obligation to do anything
This is a harmless notice, nobody except your ISP has any idea who you are and they can only share your info by court order
You did break the law, but you already knew that, technically you could be sued
That being said, no one has ever been sued for copyright infringement as a result of this system, in fact the company issuing these notices (CEG TEK) has never sued anyone for any reason, not even in the US where laws are more harsh
The settlement offer is meaningless, if fact they're not supposed to be sending settlement threats with these notices, by law a real settlement offer (ie one where they actually know who you are) must be reviewed by courts before being forwarded to you, never ever even consider paying the settlement
Preparing a legit settlement offer would lose them money, even if you paid the settlement (which you wouldn't). Assuming they get the court order to force your ISP to give your info; they still have to pay your ISP for their time, pay their own legal counsel to prepare the statement and pay their administrative costs for keeping track of everything
They love to throw around the maximum Statutory liability, the minimum is $100, if this somehow ever goes to court (yeah right) and the judge rules in their favour (unlikely at best), he is going to award closer to the minimum
They would never pursue actual damages (which they refer to as "non-statutory damages that could be higher" than the maximum Statutory liability, lol), the likelihood of proving higher actual damages is nil. In fact, the actual damages are like $15 at most, which is why they argued for Statutory damages to be put in place
Bringing this to court would cost a fortune and take forever, they'd be looking at losing tens of thousands just to make a point
Proving you were "beyond reasonable doubt" involved in the infringement when all they have as evidence is an IP is a legal minefield
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CorsetKat
Posts: 8431
Joined: November 5th, 2015, 5:59 pm
Location: CA, CO, here and there.

Re: I got 550e fine for downloading hateful 8.

Unread post by CorsetKat » June 13th, 2017, 9:00 pm

:shock:

Was that copy pasta?
Your favorite mistake.

Topic author
Sturm
Posts: 450
Joined: November 30th, 2015, 9:27 am

Re: I got 550e fine for downloading hateful 8.

Unread post by Sturm » June 16th, 2017, 2:12 am

realgrimm wrote: First and most importantly, you have zero legal obligation to do anything
This is a harmless notice, nobody except your ISP has any idea who you are and they can only share your info by court order
You did break the law, but you already knew that, technically you could be sued
That being said, no one has ever been sued for copyright infringement as a result of this system, in fact the company issuing these notices (CEG TEK) has never sued anyone for any reason, not even in the US where laws are more harsh
The settlement offer is meaningless, if fact they're not supposed to be sending settlement threats with these notices, by law a real settlement offer (ie one where they actually know who you are) must be reviewed by courts before being forwarded to you, never ever even consider paying the settlement
Preparing a legit settlement offer would lose them money, even if you paid the settlement (which you wouldn't). Assuming they get the court order to force your ISP to give your info; they still have to pay your ISP for their time, pay their own legal counsel to prepare the statement and pay their administrative costs for keeping track of everything
They love to throw around the maximum Statutory liability, the minimum is $100, if this somehow ever goes to court (yeah right) and the judge rules in their favour (unlikely at best), he is going to award closer to the minimum
They would never pursue actual damages (which they refer to as "non-statutory damages that could be higher" than the maximum Statutory liability, lol), the likelihood of proving higher actual damages is nil. In fact, the actual damages are like $15 at most, which is why they argued for Statutory damages to be put in place
Bringing this to court would cost a fortune and take forever, they'd be looking at losing tens of thousands just to make a point
Proving you were "beyond reasonable doubt" involved in the infringement when all they have as evidence is an IP is a legal minefield
The IP address is wrong.. I think they see it partially and guess the rest.

I use wifi.. Any1 could have hacked into it and used it.. IP address is not viable as a sole evidence.


I fucking hate these scammer clowns... Legal scam..
I´m gonna keep the letter as evidence so that I can take part in a group lawsuit.

Topic author
Sturm
Posts: 450
Joined: November 30th, 2015, 9:27 am

Re: I got 550e fine for downloading hateful 8.

Unread post by Sturm » June 16th, 2017, 3:25 am

CorsetKat wrote: :shock:

Was that copy pasta?
Are you concerned about not being the center of attention?
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