pixelbend

I think we need a transcript of the letter. Just because it has the name of the director of internet anti-piracy on it, doesn't make it real. Who ever sent you the letter could have googled that too.

I would be highly suspicious if you haven't received anything from the court itself. Make sure you verify it with them.

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meembo

I'm interested to know how much you were sharing. I've always understood that the music and movie industry tries to target people who are sharing primarily, because that most efficiently stops distribution. Were you sharing movies and/or MP3s? If so, were you sharing a lot of them?

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Pragma

Your college should have a student legal aid office - ours is located in the student union. Go there immediately, with the letter, and be perfectly honest with them regarding what you've downloaded and when. Get their help on what to do. Colleges normally keep a few lawyers around to help out students with problems.

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Poppinjay

Good luck. It still seems really really odd that you would be contacted about a court date by the company and not summonsed by the court, but it's entirely possible. We considered pursuing civil action against a slum lord and we were told we would either have to pay a summons fee or deliver the notice ourselves. Definitely get confirmation from the courthouse. If so, talk to a lawyer. Afford or no, that will save your ass in the long run. There's a way out, even if this is legit, but you have to follow the procedure. If Universal is pursuing this through local courts, you can bet for damn sure the local district doesn't want to have to deal with this and Universal knows it.

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meembo

Also -- lawyers are worth the money. Get one if at all possible. They can't stop you from being prosecuted, but they can help mitigate the outcome and minimize your liabilities.

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less I say, smarter I am

meembo

The court date mentioned in the letter by the studio is likely used to formally begin your prosecution and that of tens or hundreds of other people. You will likely receive a summons or something like it via the mail, a marshall, or the sheriff's office. Good luck

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less I say, smarter I am

Glory's Sun

Someone is fucking with you. If you didn't get a court summons from the court district, then there is no court date. Universal has no authority to set court dates. Go to your county's court web site and check the calendar. Or you can do a little more snooping and get revenge on whoever is pulling your leg.

*IF* for some odd reason this is real, you shouldn't worry much. They will make a bargain with you. Even people who shared tens of thousands music files and movies online got to make a deal that was way less than what they wanted in the onset. Just chill, do some research and contact a few legal people.

X_789_X

Well, I download everything off of Bearshare. I mostly download music and things like episodes of "South Park" or something, but I do occassionally download movies (I think I have like 4). Once they download they're automatically shared with other people.

I was thinking that, if they wanted to go after someone, why not go after the person whom I downloaded it from .

There was never a problem in the past (As I said), and if I knew I would be sued for "Fast Times" I wouldn't have downloaded it . I didn't want to watch it *THAT* badly.

Although, I do think that they're going a bit overboard with the piracy thing...

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X_789_X

That's easy for you to say. I'm scared shitless .

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When a woman says she'll call you, she means when she gets home. When a man says he'll call you, he means sometime before he dies...

canuckguy

no offence, but i believe this thread as much as a I believe I am going to win the lotto tonight. But to add to the fun of it all. I would ask for them to prove it was you downloading the movie, maybe it was a friend sitting on your pc, maybe you have trojans and someone is tapped into your pc, if you have a wireless router, maybe someone is stealing your bandwidth and they downloaded the movies......etc.


btw i could careless about downloading right or wrong. not on my "get panties in bunch-o-meter".

Slavakion

Yes, of course. Who prosecutes people for breaking the law nowadays?

meembo

In a nutshell I'd borrow money for an attorney to represent you as soon as you receive a summons. You can protest your ignorance all you want, but it means nothing in court after the deed is done, so deal with the here and now. You might be initially scared of a fine (and there will be one if you're prosecuted), but you also ought to think about what a criminal conviction might mean for you down the road as well. Definitely get an attorney to minimize the damage.

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less I say, smarter I am

X_789_X

First of all, I *REALLY* have no reason to lie about this.

Second of all, I'm holding the letter in my hand. The first part is the letter they sent to my school, the second part is the letter my school sent me and the third is a page with a bunch of costs and numbers and states a court ate

First of all, here's the letter my school sent me:

Please be advised that the University of West Florida information technology system administrators received the attached notice of claimed infringement. The University's Student Computer Use Policy prohibits students, faculty, and staff from using the University's data netword to download, copy, reproduce, and otherwise distribute copyrighted material.

The University will not intervene or mediate in instances of copyright infringement. It is your sole responsibility as an inividual and not as a student, representative, or affiliate of the University of West Florida.

And the letter NBS Universal sent my school:

Dear Sir or Madam,

Please be advised that NBC Universal and/or its subsidiary and affiliated companies (collectivel, NBC Universal are the owners of exclusie rights protected under copyright law and other intellectual property rights in many motion, pictures, including the title(s) listed below (the NBC Universal Properties). NBC Universal diligently enforces its rights in its motion pictures.

It has come to our attention that the University of West Florida is the service provider for the IP address listen below, from which the unauthorize copy and distribution (downloading, uploading, file serving, file "swapping" or other similiar activities) of NBC Universal's motion picture(s) listed below is taking place. WE believe that the Internet access of the user engaging in this infringement is provided by the University of West Florida or a downstream service provider who puchases this connectivity from the University of West Florida.

This unauthoried copying and istribution constitutes copyright infringement under Section 106 of the US Copyright Act. Depending upon the type of service the University of West Florida is providing to this IP adress, it may hav legal and/or equitable liability if it does not expeditiously remove or disable access to the motion pictur(s) listed below, or if it fails to implement a policy that provides for termination of scubscibers who are repeat infringers (see, 17 USC 512).

Despite the above, NBC Universal believes that the entire Internet community benefits when these matters are resolved cooperatively. We urge you to take immediate action to stop this infringing activity and inform us of the results of your actions. We appreciate your efforts toward this common goal.

The undersigned has a good faith believe that the use of the motion pictures in this manner described herein is not authorized by NBC Universal, its agent or the law. The information contained in this notification is accurate. Under penalty of perjury, the undersigned is authorized to act on behalf of NBC with respect to this matter.

Please be advised that this letter is not and it not intended to be a complete statement of the facts or law as they may pertain to this matter or of NBC Universal's positions, rights or remedies, legal or equitabl, all of which are specifically reserved.

Very truly yours,




Aaron Markham
Director of Internet Anti-Piracy, Wordwide Anti-Piracy Operations
NBC Universal

(Sorry for any spelling mistakes)

And then there's another letter stating legal action and a suit for $50,000

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When a woman says she'll call you, she means when she gets home. When a man says he'll call you, he means sometime before he dies...

glytch

How about a transcript of the other one stating legal action and the suit? These two don't seem very threatening, and the gist I get from the last one is that they were willing to let the school take action and have you remove all content and let it go, or something of the sort. Did these all come at the same time? Also, have you tried any of the other numbers? The court, for example?

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Ustwo

If I ever want to fuck with someone, this would be a great way to do it.

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Glory's Sun

I want to read the legal letter. I still think someone is fucking with you.

in fact, I may just copy all that and send it to some friends.. hahaha

glytch

Oh! Call the IT department or legal offices at your school. If these are for real, they'll definitely know something about it.

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If you're flammable and have legs, you are never blocking a fire exit. - Mitch Hedberg

Poppinjay

This sounds better put together than the standard prank. We're talking West Florida, not M.I.T. here (no offense, I didn't go to MIT either).

But still, it sounds more like a request to cease and desist. Universal won't be going after a West Florida student over Fast Times at Ridgemont High with the expectations of garnering a $50k payday, nor would they want the publicity generated by ruining a kid over a trifle piece of shite.

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skinnymofo

if it is for real, i would just buy all the movies you downloaded and clean off your harddrive of everything, or have a seperate new one that you can switch back and forth with, (or borrow someone elses for this). they can never prove on someone elses computer that you downloaded something off a different pc, as far as i know that is, if some of the more pc saavy people dont say im wrong then it would be a decent move.

hossified

dude you are getting hosed....the suit is bogus....you are going to school as well....just say someone else used your computer while you were away!! Don't be so gullible...and all these people in this thread saying its your own fault....and don't download......get real....like any/all of you haven't downloaded mp3's etc...don't be hypocrites. I suggest you take this letter and post it up on your wall.....as a reminder to the time you got 'duped'....

Glory's Sun

Doing a DoD wipe doesn't sound like a bad idea, but I would wait until finding out if this is real or not.

Carno

It still boggles the mind how people in this day and age think that they can't be sued for downloading shit. This is so widespread that you would have to live under a rock in order to not know anything about this.

And it doesn't matter which movie you downloaded, they are all copyrighted. You did the crime, so don't bitch about being caught. If you went to Blockbuster and stole Fast Times at Ridgemont High you'd be caught. It's no different on the internet anymore, as long as you are using shite programs like Kazaa or Bearshare. Tough luck dude, but it's your own fault.

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X_789_X

I don't have a scanner so I'll have to manually write out what the other letter says. It's kinda' long so it'll take a while, if you don't mind waiting.

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When a woman says she'll call you, she means when she gets home. When a man says he'll call you, he means sometime before he dies...

SirLance

Not correct. Court appointed representation is only applicable in criminal matters. This is civil.

If you can not afford a lawyer, you should immediately contact legal aid.

Ignoring this will not make it better.

Only if they are awarded $50,000.

Also not correct. Failure to appear means only that you have no opportunity to address any evidence against you. To obtain default judgement, they must satisfy the court to a preponderance of the evidence that you did what they say you did, that they were damaged as they say they were. They would have to show that they were deprived of $50,000 in revenue by your activities.

If they choose to contact the FBI and file a criminal complaint, it will be investigated. Whether or not you are charged would be up to the U.S. Attorney's office in your district.



Very likely.

Get a lawyer. You definitely need one.

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canuckguy

do you have a camera, take a pic of the letters.

mastertakana

Don't confess shit. Demand a trial, and they will lose without your testimony. There is no way in the world these people can win these cases if you keep your mouth shut. They cannot prove YOU downloaded those files, only your computer...and that is not enough. Play your cards right, find a lawyer who is young and sharp , who will accept the case for a limited fee...when you win, stop downloading. Oh yeah, most of us have not passed the bar or have a JD so take all of this with caution. Make sure you research the lawyer you hire in depth, they could be a snake who will play both sides.

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Need alot of trees up in my head

mastertakana

Who's side are you on? Are you benefitting from the industry in any way? If so, we don't care what you have to say. The damn industry, it's laws and new tactics are all about protecting wealth of a few. The industry has ripped us off and will continue to do so for decades by limiting access to technology, severe regulations, intimidation and deception.

I am sick of buying E.T. in the "new and cool format", and trust me DVD is not the last media you will want to have movies to watch. Something new is around the corner, so that we'll all pay $20, for the same shit, just cause the technology is better. these people milk us for every penny, so I say FIGHT FIGHT FIGHT.

Oh yeah, don't post any of that correspondence here, and watch what you say on-line. Your own carelessness is now one of your biggest threats.

Oh yeah, this applies to all above with similar warm tingly feeelings towards the entertainment industry and their evil new tactics.

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All I know the time it is gettin dread
Need alot of trees up in my head

Carno

Haha, me benfit from the industry? Far from it. I do as much as I can to fuck them over, but I realize that some things are illegal and they have consequences. I just utilize better, lesser known methods of obtaining what I want.

Alls I'm saying is that he made his bed and now he has to sleep in it. It definitely sucks, and I hope I never get caught, but if I do get caught I won't whine about how I didn't know this or that or whatever. I'm sure as hell not going to rollover and accept it either, but I'm not going to bitch about it.

EDIT: here's my advice: DENY DENY DENY and FIGHT FIGHT FIGHT. Don't let those industry fuckers take any of your money if you can help it.

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raveneye

I've never heard of this happening before . . . I know a couple students who got a letter from Universal for downloading movies, but they were just required to get rid of the files and the downloading software from their computers, and these guys were addicts who had hundreds of files.

Suing for 50K for one file copy? I'd like to hear how they can justify that in court.

analog

Heh, my thought exactly after reading that part. See if you can find someone you know who is a lawyer and have them glance it over anyway.

tspikes51

Sounds like a hoax to me, but even if it's not, if this company's anti-piracy crusade is anything like the RIAA's, they will let you go if you promise to not do it anymore. More of a scare tactic than anything.

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fresnelly

Until you look into the validity of that court date, who's to know?

You'd better play it safe, because while there may be no suit, there could be a collection agency behind this looking for a bite. Call your local Legal Aid office right now and nip this in the bud.

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canuckguy

seems about fair eh, 1 movie you could buy in the discount bin for 3 bucks, download it and it will cost ya 50g's. sounds about right.....if it was a true lawsuit!

SirLance

... wait a minute...

this was a letter in your mail box? You were not served by a process server? Was it a certifed letter that you signed for?

Something isn't right here.... can you post a pdf of the letter?

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DEMOCRACY is where your vote counts, FEUDALISM is where your count votes.

Slavakion

You are missing the point. If you break the law, don't be surprised if you're prosecuted for it. It doesn't matter if you have some sort of moral justification behind it.

silent_jay

Sound lie a sabatoge that is on Liquid Generation, I sent it to a buddy a year or so ago and had him scared shitless, here's a copy of the LG letter they send out.

From: Jack Meihoff
Subject: Bureau of Motion Picture Executive Rights

Illegal Movie Downloads
Bureau of Motion Picture Executive Rights
Washington, D.C.
March 3, 2005 5pm



MAC ADDRESS: 00-11-2F-41-BD-21
Case No.: Case No.: 30CO999ZQ93HCD1C



It has been brought to our attention by ******** that you have been involved in the unauthorized downloading and transferring of licensed movies.

Federal laws mandate that you immediately cease and desist all illegal activities pertaining to movie theft. Further, you are required by law to pay all incurred penalties in conjunction with Amendment 34-C, officially passed on January 30, 2005.

In accordance with state jurisdictions, your failure to pay these penalties in full within 30 days of receipt of this notice will result in a warrant for your arrest. We are also required by law to inform you that a second offense will result in a minimum jail sentence of 90 days.

Penalties incurred in your particular case may be reviewed on our government Web site. All cases are deemed confidential. Penalties are assessed by each individual download, charged at a nonnegotiable rate of $1,200 per infraction. Click your specific case number (Case No.: 54rjnir1t20z1trn http://www.saynotopiracy.org/mpaa.aspx?54rjnir1t20z1trn) to view the total amount due or to dispute your case.

Sincerely,

Jack Meihoff
U.S. Agent
Bureau of Motion Picture Executive Rights

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Glory's Sun

ha! I knew it!

Redjake

something sounds fishy to me about this whole situation. the RIAA and movie people generally only go after the ones downloading newer movies and music, not old shit like Ridgemont High. I would seriously look into this before doing anything drastic like paying a lawyer thousands of bucks!

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Off the record, on the q.t., and very hush-hush.

Glory's Sun

what kind of postage did this come with? Also, what was the postmark?

I have a feeling that should answer your questions about it being real right there.

NoSoup

Lol, I know you've probably heard enough of this, but - in essence, you are saying that you innocently stole the intellectual property rights of a company. And it's BS that the company has problems with you stealing it.

I understand that you probably never thought it would happen to you, however - I highly doubt that you though downloading "free" music and movies was legal. You said that you've been downloading since Napster - when napster one day went away, it said on their web page that they were expeciencing legal issues. I can't believe you have been in the dark all these years.

Obviously, if you knew you were going to be sued if you dowloaded it, you probably would have bought/rented the movie instead of it potentially costing you $50,000 - but knowing that it was illegal, even if the chances were remote that you get busted - still doesn't mean that you'll get away with it.

I'm hoping for you that it's all just a hoax or something, but it really wouldn't surprise me if you were prosecuted for it - especially since you have been doing it for so long. Two people I went to school with had suits brought against them - one settled for $15,000.00 and the other got the full $50,000 penalty. Since neither of them had any money, their wages have been garnished for a long time now - although I don't keep in touch with them, I heard one of them declared bankruptcy, which may have wiped the debt out.

I don't mean to be harsh, but you're basically asking people not to be "harsh" when you did something you knew was illegal and got caught. It would be the same thing if you got caught robbing a gas station or burglerizing a house - either way, you're taking something that isn't yours...

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