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Old 10-04-2005, 12:08 PM   #81 (permalink)
Marvelous Marv
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Location: Taking a mulligan
Quote:
Originally Posted by X_789_X
I downloaded "Fast Times at Ridgemont High" off of Bearshare about a week ago and today, when I get home from work, I see a letter from NBC Universal stating that I'm being sued for $50,000 and that a court date has been set up on the 20th on this month.

I've always downloaded movies and music and have never had a problem until today.

Well, I'm scared shitless because:

1.) I don't have $50,000.
2.) I don't want to go to court because I know I'll lose and
3.) I don't want to go to jail.

So ummm... Does anyone have any advice?

(I hope this is the right forum for this...)
1.) That's good for you. First rule of civil actions is "If you don't have it, they can't take it." For details, contact OJ.

2.) Other people have alluded to this, but I'll say it differently. Where I live, legal service is by certified letter FROM THE COURT, by marshal, or by private process server. A non-certified letter sent by first class mail is NOT legal service. I would definitely not show up in court unless I'd been legally served. Also, it's not like they're going to be able to collect money tomorrow. These things normally take about two years to make their way through the court system.

This is assuming that the whole thing isn't a hoax. Definitely check the court docket to see if you're on it.

3.) Nobody goes to jail in civil actions. It has to be a criminal case. That's not to say that they couldn't file criminal charges, but considering the magnitude of your offense, I doubt they could get a DA to look at it.

Quote:
Originally Posted by smooth
1. You are not entitled to an attorney in this situation. At worst, this is going to be litigated in a civil court. You do not have a right to legal representation in a civil trial. You may ask the court, but you will not likely recieve it. Requests may be granted for litigants claiming their civil rights have been violated, but they aren't entitled to them. You don't even have the sympathy of the law on your side in this issue.
He means an attorney paid for by the court. You are most definitely entitled to an attorney at your own expense, and you most definitely have a right to (non-free) legal representation.

He's right that you shouldn't be discussing this with someone other than your attorney.

My prediction is that this goes away with minimal monetary expenditure. It's probably not necessary to recommend that you not download copyrighted material anymore.

And by the way, Bittorrent is by no means anonymous.
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