[tor-talk] Legal problems: TOR relay & Torrents in .de

[Hendrik Neumann]

Hey Joe,

thanks for sharing!

They're demanding €450 compensation for the alleged sharing of the
movie via BitTorrent. Plus €506 lawyer's fees. So in total we're
talking about €956,-

FOX is working with a German company, ipoque GmbH, that monitors
filesharing platforms. So they've logged my IP (the exit node), the
time stamp, the hash of the file in question and got a court order
that forced my ISP to handover my personal data to them.

Cheers,
Hendrik


On Mon, Feb 11, 2013 at 7:41 PM, Joe Btfsplk <joebtfsplk at gmx.com> wrote:
> I've forgotten the specifics of your OP.  Exactly how much are they
> demanding (Eu / $US)?
>
> Other BIG factor (others familiar w/ European / German laws can comment):
> Do they have any SUBSTANTIAL proof, that a judge / jury would accept as
> reasonable proof, that YOU did something under your country's laws, to make
> you financially liable to the plaintiffs (for anywhere near what they're
> demanding)?  And is the amount enough to make it worth the lawyers' time to
> go to court (how much would the LAWYERS make on a per hr basis, from their
> cut of the awarded amount)?
>
> I'm no expert on legalities in other countries, but ONLY as a general rule,
> in U.S., it's not worth a law firm's time to actually go to court over
> fairly small amts, if working for % of awarded judgment.
> In U.S., I've failed several times to get lawyers to take my cases against
> others on CONTINGENCY, even when I'd likely win, because - as numerous
> lawyers put it, "There simply isn't enough $ involved."
>
> If a law firm is working on a per hour basis (which I'd doubt for this type
> action), then lawyers get paid for time spent, but plaintiffs may well owe
> more than they are awarded.  Most plaintiffs aren't that stupid.
>
>
>
> On 2/11/2013 7:11 AM, Hendrik Neumann wrote:
>>
>> Small update:
>>
>> I've snail-mailed them a letter based on what Moritz had posted. They
>> replied with a standardized letter without even commenting on my
>> statements. It's basically saying "Last chance to pay or we'll go to
>> court."
>>
>> So I'm a little unsure whether or not it's now time to actually
>> consult a lawyer or wait until FOX makes it's next move.
>>
>> Cheers,
>> Hendrik
>>
>>
>>
>
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-- 
Mit freundlichen Grüßen,
Hendrik Neumann

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