Forum Thread

Letter from Comcast ISP, Getting sued?

KFisher 621 68 August 29, 2010 at 01:57 PM
Someone I know received a letter from their ISP Comcast. It was for downloading a movie in the beginning of the year called "Far Cry," the person is being sued by Achte/Neunte Boll Kino Beteiligungs GMBH & Co KG. If the person doesn't respond by mid September, then Comcast will release there personal information that was assigned with the ip address. They have the date, time, and ip address that they say was associated at time of downloading/uploading.

Here are a few things I read about this company:
http://www.jdsupra.com/post/docum...b5fbab3b3b

http://arstechnica.com/tech-polic...oaders.ars

Here are several quotes from the letter the they received:

"This is a civil lawsuit, not a criminal case. You have not been charged with any crime. If the Plaintiff receives your information from you Internet Service Provider, you will likey be added as a named defendant to the lawsuit."

"If you file a motion to quash the subpoena, your identity will not be disclosed unit the court makes a decision on your motion. If you do nothing, then after 30 days you ISP will be compelled to send the Plaintiff you name, address, email address, telephone number, and your modem's Media Access Control Number."

Can someone give some advice was what to do or links to sites that might provide additional options/ideas. Thanks.

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Joined May 2008
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#2
The group helping to sue is known as: US Copyright Group
Here is more info on them; http://torrentfreak.com/u-s-copyr...te-100730/
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#3
Those sleaze ball lawyers want a settlement. Offer them $15, the cost of the movie and tell them to 'F off.
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#4
While I am not a lawyer, this information is from what i have been reading...

first of all and most important, tell you 'friend' to never identify himself in any way online as a 'DOES' of a copyright infringement lawsuit.

Your 'friend' can try to file a motion to squash the release of their information by their ISP. Although their name will be on the motion to squash, so in a way doing this is rather pointless.

once the name of the IP at the time is released to the lawyer, they will start sending out 'official looking court letters' to try and scare your 'friend.'

the _BEST_ thing your 'friend' can do is not have _ANY_ contact with the lawyer, as they will just end up providing the lawyer with information to use against them. Say something like "no way in hell i downloaded that movie" is like saying your 'friend' actually did it.

tell your 'friend' to not sign for or accept any registered mail and to screen all incoming calls with caller ID and let all other unknown calls go to voice mail.

things your 'friend' can use to their benefit is if the lawyers time stamp for the IP was even 1 minute off or the ISPs was even 1 minute off, someone else could have had that IP prior to you having it. Wi-Fi is not 100% un-hackable. There is absolutely no way that they can prove the account holder of that IP was at a computer downloading what they claim. although they can come back and argue that the account holder is 'liable for the connection and what their children do on said connection.' Whats to say they didnt just pull random IPs from random downloads or whatever. Screen shots of the 'swarm' (everyone sharing) can be altered. they them self were an active participant in the swarm to see who all else was in it.

most of the time lawyers will not serve as that costs money, but if they do, the server doesnt actually have to hand your 'friend' the papers. the server can drop them at your 'friends' feet and leave.

your 'friend' will probably have a credit check done on them by the lawyer to see if they are worth being sued.

copyright infringement cases typically settle out of court for $1500 or so.

your 'friend' might want to contact the Electronic Frontier Foundation [eff.org] and seek their advice. note that one of their lawyers on retainer is about $500! although they specialize in this type of lawsuit.

also, when the lawyer tries to rush things in an attempt to prevent you from having time to obtain your own legal counsel, that is a sign that they are just after money and they cant make your 'friend' pay a dime w/o an official document from the court. a simulated court-looking letter from a lawyer is just a scare tactic to try to extort money out of your 'friend.'

again, i am not a lawyer, this information is from what I have been reading...

your 'friend' might want to start using a VPN (doesnt let your ISP see what you are doing - they only see you connected to a remote server) and/or torrentprivacy (changes your original IP to something from a foreign country).
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Last edited by greenmeansgoooo August 29, 2010 at 07:10 PM
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#5
its already too late to do anything.

he can either except his punishment or fight it. i'd urge him to try to settle out of court.
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#6
Quote from dayv View Post :
its already too late to do anything.

he can either except his punishment or fight it. i'd urge him to try to settle out of court.
this is what most do, BUT don't accept their first or second or even third offer of settlement.

their first offer of settlement might be $10k !!!
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#7
Quote from KFisher View Post :
Someone I know received a letter from their ISP Comcast. It was for downloading a movie in the beginning of the year called "Far Cry," the person is being sued by Achte/Neunte Boll Kino Beteiligungs GMBH & Co KG. If the person doesn't respond by mid September, then Comcast will release there personal information that was assigned with the ip address. They have the date, time, and ip address that they say was associated at time of downloading/uploading.

Here are a few things I read about this company:
http://www.jdsupra.com/post/docum...b5fbab3b3b

http://arstechnica.com/tech-polic...oaders.ars

Here are several quotes from the letter the they received:

"This is a civil lawsuit, not a criminal case. You have not been charged with any crime. If the Plaintiff receives your information from you Internet Service Provider, you will likey be added as a named defendant to the lawsuit."

"If you file a motion to quash the subpoena, your identity will not be disclosed unit the court makes a decision on your motion. If you do nothing, then after 30 days you ISP will be compelled to send the Plaintiff you name, address, email address, telephone number, and your modem's Media Access Control Number."

Can someone give some advice was what to do or links to sites that might provide additional options/ideas. Thanks.
God that movie sucked.
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hug Dylan nod

DRM http://www.defectivebydesign.org/ vomit Mad EEK! LMAO


Quote by my daughter, Her Royal Princess Elizabeth Margaret: "If I was them cows, I'd run away!"
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#8
The problem playing the settlement game with these crooks is:

#1 They high-ball you with $20K.

#2 You laugh and counter with a half case of Ramen Noodles and a stale donut because that's all you have.

#3 They serve you, then sue you in court for $20K + fees and get a judgment, ruining your credit for the next 3-7+ years.

They will "invite" thousands of people, pack a courtroom with 200 suckers defendants that decide to show up to fight and everyone gets a judgment. Default Judgments for the 1000's that did not show up.

$50M in judgments for a days work, now they will try and collect payments from the most worthy. The "unreachables" get sold to debt collectors for millions and ALL lawyers involved are fat and happy.

It's a well oiled machine that can rarely be beaten without cash and a good attorney. In most cases you will spend more in legal fees to fight their evilness, than to negotiate a settlement quickly.

/rant

Best advice is consult with a lawyer first and find out what your options are. There are way too many unknown variables like defendant's age, financial status, assets, how the dirtbags identified and obtained the IP in the first place and too many more to list.

The scumbags have an objective (dollar value on you). You or your attorney have to figure out "your" value and negotiate quickly.

Good Luck!
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#9
don't forget, cancel comcast and tell everyone you know to never use them
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#10
Quote from dollarbill View Post :
don't forget, cancel comcast and tell everyone you know to never use them
how about cover your ass and use a VPN with an off shore server!
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#11
Quote from greenmeansgoooo View Post :
how about cover your ass and use a VPN with an off shore server!
And who's going to pay for that traffic? I know there are some paid services but free ones will most likely be too slow to download anything decent size.
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#12
Quote from greenmeansgoooo View Post :
how about cover your ass and use a VPN with an off shore server!
How about downloading from newsgroup with SSL enabled. Won't that also prevent your ISP from knowing what exactly you downloaded or is that also risky?
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#13
They probably aren't after him for downloading the movie. They go after people for sharing copyrighted content. He was most likely running a P2P client and didn't even realize that he was sharing it. I would suggest that your friend contact a lawyer.
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--
Ahhhh! The Atmosphere!
#14
Quote from greenmeansgoooo View Post :
how about cover your ass and use a VPN with an off shore server!
How about not downloading things you haven't paid for?

Seriously. Media has become so cheap, I am shocked that anyone besides a 12 year old would still torrent.
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#15
media is overpriced. a dollar is too much to pay for most music/movies.

add to this fact that they double and triple dip on profits. they make a tv show and its fully paid for. then they release it on dvd and make money on it again.

the content industry is full of crooks. funny to have crooks call their customers 'crooks'.

anyway, hire a lawyer and fight it. even if it costs you money, FIGHT it. each time you give in, you validate their mafiaa model.
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