Don't even need to respond, just toss the letter. You will never hear from them again. But do use a VPN when torrenting from especially Germany.
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An acquaintance from Germany received one or two of these letters. They didn’t react and there has never been more.
They told me the letters had big and official, scary looking paper work.
A non-reaction seemed to be enough to fend off these unrealistic accusations, they told me.
It’s been a few years since I heard this story.
I wouldnt admit not having a wifi password in germany. Theres the "Störerhaftung". If its your device you are responsible. Thats why germany has so few open public wifis.
But i never got a letter and looked up what to do? Probably tossing the letter into the trash is enough. Just be sure to seperate your waste properly so your neighbour doesnt sue you.
AFAIK Störerhaftung was abolished, see TMG § 8 (3).
Is the joke that German neighbors get angry over improperly separated waste / recycle?
Not sure what you mean by "joke". This is no laughing matter.
I mean, i usually don't watch in my neighbor bin so I would laugh at that...
Not sure about the neighbors; we don't watch each other fill the trash containers. I live in a rural area where every home has their own containers.
But the municipalities and the disposal companies do get angry and sometimes check the containers. If they are noticeably improperly separated they are not emptied, and that will hurt everyone depending on shared containers.
I’ve also received a letter about seeding a torrent when I was in Germany in early 2010s. I went to see a legal aid lawyer, who was almost free, and he already had a prewritten letter saying that basically I was sorry and that I should come back if I received another letter.
The first letter said that if I didn’t pay within a few days, they would start a very expensive legal procedure. About a month later, I received a reminder, so I went back to the lawyer. This time, his letter said that I wasn’t able to pay the amount and that I should come back if I received another letter.
I never received anything after that. So, based on my experience, I agree: it’s all bark and no bite.
I was in this situation once, when I was the legal contact for the internet used by me and my roommates. One of them apparently downloaded porn and I got the letter. I contacted a lawyer, paid a flat fee (meaning even if it had gone to court I wouldn't've had to pay more), he wrote one letter, saying I don't even know what a torrent is, and I never heard from them again. I felt much better having the lawyer handle it.
"Don't talk to someone who is a trained professional to handle these kinds of problems, instead talk directly to the party trying to get you into legal trouble" is the dumbest advice I can imagine.
One letter = what letter?
Second letter = Maybe consider a VPN & plead ignorance.
First letter I started using VPNs. I get so many spam lawyer letters that I can't remember the last one I opened that wasn't from my lawyer.
Given how often my mail goes missing this seems to be the better take.
Hell I can't remember the last time I got a bill in the mail where the first notice came before the second notice lol
Depends. Those are just letters. First and foremost meant to scare you and do something without thinking it through. You can decide to respond, or not respond, that's up to you. Though it's strongly recommended to contact a lawyer before signing any contract with them, admitting to wrongdoing or give them information about yourself. I'd probably try to avoid (5) without legal advise.
If you toss it in the bin, they'll have to decide whether they have enough evidence and whether it's worth the effort to actually sue you. Usually that letter was an invitation to settle out of court. At their terms and conditions, though.
And yes, they're most certainly backed by the media companies. Otherwise they wouldn't have any business messing with their intellectual property. And maybe the law firm only does letters, maybe they have some number of court cases to achieve each month, who knows? Maybe they already exhausted their more promising X court cases this month and you won't hear from them again if you decide to just ignore them. Maybe you're one of the "lucky" few who get sued.
Meanwhile the AI bros are pirating every media they can get a hold on in total impunity...
But individuals get targeted by lawyers.
Next time tell them you're training AI
Don't actually do that. They will take that as admission of guilt.
Tell them the AI escaped confinement but that's fine because you never told it to do that.
I used to work the abuse department for an isp back at the turn of the century.
While we covered our arses by emailing customers "we have received a copyright notice blah blah don't be naughty", the companies that filed the "complaint"? Got a big fat "fuck off and come back with an Australian court order"
We never released a single customer detail. Because privacy laws in Australia meant $50,000 per breach.
This is terrible advice, please just get a VPN like IVPN or Mullvad and just keep the letter somewhere*. Anyone telling you to forego a legal professional when it comes to legal issues is leading you astray.
Thank God my country doesn't pursue piracy at all (unless it's related to live football matches)
Thank God idgaf about football matches
In Spain sites depending on something hosted by Cloudflare go down when there's a football (soccer) match. I have no interest in that sport either, but it's impossible to check even a doctor's appointment during a football match without a VPN. Thousands of sites are affected.
That's seriously fucked up. We had the same problem in Italy, but luckily Cloudflare fought back and I think that some companies sued the company that decides the blocks
You mean the "default" DNS entry is gone for these sites but you can use simply another DNS.
No, they block all of Cloudflare's IP addresses. This is punishment for Cloudflare not being able to take down any website globally within 15 minutes that the Spanish government says to take down.
Crazy. They should do that with russian fake news infastucture instead of entertainment content. But the Spanish government is one of the best right now in the EU so I would rather live with a neoliberal quant focusing on football while enjoying progressive left - green reform. Thanks for the details/correction.
Used to be that way but last time I checked using DNS over TLS or HTTPS didn't grant access to blocked sites during football matches.
The family I stayed at got a letter after I visited and had my torrent client on (it always started on boot). A lawyer sent one letter, costing 300 euros and we never heard from it again. Though, I think there was an update on laws against these practices
From my totally uninformed non-lawyer knowledge: It's more or less safe to ignore random letters from German lawyers until they are forwarded to you by a German court (usually in a yellow(?) envelope).
You mean letters without "Rechtsbehelfsbelehrung" which is information on legal remedies. If that information on legal remedies isn't on a letter, then yes a fictive person could always ignore such a fictive letter. I am not a lawyer!
Usually the informal letter only asks for half the amount you will have to pay when you lose in court
And you will lose because Germany is totalitarian
That's only in Germany though
In Canada the max they can get from an individual is around 5k which means they don't often pursue things.
They still send the emails though. At least here unless it's registered mail I would just toss it.
In Germany, they don't have to prove guilt, you have to prove innocence or else you get fined. If you don't voluntarily pay the fine and they have to go to court, the fine doubles. The system is rigged for the corporations. That's why they've done this in Germany for a long time. The expansions to other countries are experimental.
You should just use a VPN in the first place and then none of this is a problem.
Routing traffic through another computer will certainly fix things for you.
I received a notification for downloading something I didn't download - I'm not even interested in it. Went to court, court said it was my IP and I had to pay. 1500€ for something I didn't download. In Germany you have to prove innocence, which is impossible if all you can say is "It wasn't me."
In Belgium, just next to it, I know someone who was doing tons of torrenting and sharing with friends and family back in 2005-2010 time and got prosecuted for his piracy (like 5 years after he was doing it) and had to pay huge fines as a young adult from what he did as a teenager. He definitely wasn't using a VPN and probably port forwarding and openly sharing back in those days. It definitely happens. (Not Germany but neighbors)
Just get and use a VPN with a client kill switch. Paying 50-100€ per year is much cheaper than 10k in fines down the line, and don't share it with anyone outside of your household.
I'd rather VPN to some EU country east of Berlin if I were you.
Slovakia has some copyright laws but they're not that strictly enforced. Also no c&d letter equivalent has arrived to my physical inbox for what I've done on the Internet.
From what I've heard from my German friends the network owner, so the one paying the isp bill, is responsible for whatever happens on the network. If someone broke in onto your network and downloaded illegal stuff, you are still liable for the fines as you should have protected your network sufficiently. Maybe you can get away with it if you are able to present hard evidence your sufficiently protected network was broken in to.
It's the same with speed cam tickets. If you prove in court someone else was driving your car, you won't have to pay the fine. If you are unable to, you are liable.
Imo it goes against the law. There's this thing called "innocent until proven guilty", so the burden of proof lies with the authorities, not with you. But sadly it's not always the case. This did cause a lot of legal fights though, and to my knowledge this caused the German police to flash cars from the front now, so the driver would be visible in the photo in most situations.
Germany does not have "innocent until proven guilty". It has "guilty until someone else is proven guilty". They will always find someone who has to pay compensation. There is no "we don't know who did it because of an anonymizer service", they will just make the anonymizer service pay instead.
Except when law says they don't have to. Right now the law is that registered service providers can't be fined on behalf of their customers, and there isn't a law saying they have to be able to identify the customers. So VPNs get by.
Or just ignore it. If you actually read it, it never says anything about you being in trouble at that moment, but it's intentionally worded to invoke that fear.
Toss it in the bin, and use a VPN or Usenet.
Nah unless they're at the door with the cops, all threats are empty.
Edit for clarification: I meant threats in cases of piracy like the one this post is about.
I had a roommate once that didn't pay her rent before moving out. Sued her and she got several letters, including the invitation to the court date. She ignored them. Default ruling in my favour, they seized €900 from her bank account.
So yeah, some threats are quite real without the cops having to show up.
That is a very different case from piracy.
The point is that civil cases usually don't involve the cops but can still have consequences.
I'll add a clarification to my comment then, because I specifically meant the kinds of threats this post is about.
Thats not correct. Abmahnungen need to be actively dealt with. Ignoring them is not enough. While you do not necessarily need an attorney it is highly adviced to let someone write the letter for you.
Some random source for some infos: https://anwalts-atlas.de/was-passiert-wirklich-wenn-man-eine-abmahnung-ignorieren-sollte/
Sure but have you ever experienced those for piracy?
Personally? No. Since i am not dumb enough to torrent without at least some kind of protection.
But there are law firms that are specialized on this topic, like for example FROMMER-LEGAL.
When you search for then online, you will find many users who have received Abmahnungen.
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