10-03-2005, 08:45 PM | #1 (permalink) |
Upright
Location: In The Deep, Deep South...
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I'm Being Sued For Piracy...
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...)
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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... |
10-03-2005, 08:53 PM | #2 (permalink) |
Tilted Cat Head
Administrator
Location: Manhattan, NY
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get a lawyer, if you can't afford one, then the courts will appoint one for you for no charge.
you don't need to have $50,000. If they convict you they can just garnish your wages until you've paid off the $50,000. You can decide to not go to court, that will cause a default judgement against you and you lose automatically. You probably won't go to jail, but there's a possibility that you could, albeit small. As far as it only being a week, they probably targetted you a lot longer than just when you downloaded Fast Times. Each time you took a chance and didn't get caught, that's one time you got away. Sometimes you aren't so lucky as exampled by your letter. Don't do the crime if you can't do the time.
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I don't care if you are black, white, purple, green, Chinese, Japanese, Korean, hippie, cop, bum, admin, user, English, Irish, French, Catholic, Protestant, Jewish, Buddhist, Muslim, indian, cowboy, tall, short, fat, skinny, emo, punk, mod, rocker, straight, gay, lesbian, jock, nerd, geek, Democrat, Republican, Libertarian, Independent, driver, pedestrian, or bicyclist, either you're an asshole or you're not. |
10-03-2005, 08:59 PM | #3 (permalink) |
Metal and Rock 4 Life
Location: Phoenix
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Seek advice from a lawyer asap.
Other then that I really have no idea what I would do. I would be scared shitless to be honest. It is one reason that *if* I were to download somthing such as illegal content, I wouldnt do it by a medium that is so public and allready targeted in previous court battles.
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You bore me.... next. |
10-03-2005, 09:00 PM | #4 (permalink) |
Upright
Location: In The Deep, Deep South...
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I don't know why they come after me o.0
Why not just go after Bearshare or the company that has it for download because, as far as I'm concerned, it was there to download for whomever wanted to, and I did. And, to be honest, if I knew downloading that movie would have gotten me sued, I wouldn't have done it. BTW> I can't afford a lawyer. I'm a poor college student ...
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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... Last edited by X_789_X; 10-03-2005 at 09:03 PM.. |
10-03-2005, 09:02 PM | #5 (permalink) |
Metal and Rock 4 Life
Location: Phoenix
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Because, cases such as this, you go out and tell the public and spread fear. Mission accomplished whether they get money or not.
As for the whole not knowing its illegal thing.. eh.. good luck with that. Did ya miss the whole Napster fiasco?
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You bore me.... next. |
10-03-2005, 09:04 PM | #6 (permalink) |
Tilted Cat Head
Administrator
Location: Manhattan, NY
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ignorance of the law is not a reason. if you think that "Why not just go after Bearshare or the company that has it for download because, as far as I'm concerned, it was there to download for whomever wanted to, and I did." well, then that's for a JUDGE to decide who is right or wrong.
also with all the high profile cases that have been about RIAA suing everyone, I have a hard time believing that you are claiming ignorance of the law. and then you stating in your OP that you don't want to go to court because you know you'll lose implies to me that you know you did something illegal and wrong. if you don't.. well then you spent waaaay too much time in the titty board since you're still a rookie after being here since Oct 2003 edit: cannot afford a lawyer... READ the FIRST line I posted where it says one will be appointed to you for FREE.
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I don't care if you are black, white, purple, green, Chinese, Japanese, Korean, hippie, cop, bum, admin, user, English, Irish, French, Catholic, Protestant, Jewish, Buddhist, Muslim, indian, cowboy, tall, short, fat, skinny, emo, punk, mod, rocker, straight, gay, lesbian, jock, nerd, geek, Democrat, Republican, Libertarian, Independent, driver, pedestrian, or bicyclist, either you're an asshole or you're not. |
10-03-2005, 09:06 PM | #7 (permalink) | |
Upright
Location: In The Deep, Deep South...
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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... |
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10-03-2005, 09:11 PM | #8 (permalink) | ||||
Upright
Location: In The Deep, Deep South...
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Quote:
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And, for the record, I've never viewed that board. Why go look at pictures when I can see them in real life ^_^ Quote:
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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... |
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10-03-2005, 09:17 PM | #9 (permalink) |
Deja Moo
Location: Olympic Peninsula, WA
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You downloaded just *one* old movie and they want to sue you for $50K? Perhaps you are not telling us about your history of downloads?
You could have rented that old flick for $3, or paid not much more for a used copy. Not smart, dude. |
10-03-2005, 09:18 PM | #10 (permalink) |
Tilted Cat Head
Administrator
Location: Manhattan, NY
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thinking hard about the situation... the letter you got it was directly from Universal and not from the courthouse?
If it's from Universal, there should be a contact name and number. Call them and verify it. Or contact the courthouse for the exact date of your docket number.
__________________
I don't care if you are black, white, purple, green, Chinese, Japanese, Korean, hippie, cop, bum, admin, user, English, Irish, French, Catholic, Protestant, Jewish, Buddhist, Muslim, indian, cowboy, tall, short, fat, skinny, emo, punk, mod, rocker, straight, gay, lesbian, jock, nerd, geek, Democrat, Republican, Libertarian, Independent, driver, pedestrian, or bicyclist, either you're an asshole or you're not. |
10-03-2005, 09:19 PM | #11 (permalink) | |
Upright
Location: In The Deep, Deep South...
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Bah... Oh well... That's life, I guess.
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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... |
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10-03-2005, 09:23 PM | #12 (permalink) |
Banned
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This is getting heated. Im afraid you are fucked.
My tiny brain would recommend you not try to plead ignorance because if i were the RIAA i would be even more persuant of a ignorant bastard. Your best bet is to be apologetic to the fact that you were stealing. And maybe play the "what would be the punishment for stealing a hard copy of the movie?" angle. If that doesnt work, you could start stocking up on "soap on a rope". Best of luck to you and you have now scared me away from downloading for at least two days. |
10-03-2005, 09:23 PM | #13 (permalink) | ||
Tilted Cat Head
Administrator
Location: Manhattan, NY
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__________________
I don't care if you are black, white, purple, green, Chinese, Japanese, Korean, hippie, cop, bum, admin, user, English, Irish, French, Catholic, Protestant, Jewish, Buddhist, Muslim, indian, cowboy, tall, short, fat, skinny, emo, punk, mod, rocker, straight, gay, lesbian, jock, nerd, geek, Democrat, Republican, Libertarian, Independent, driver, pedestrian, or bicyclist, either you're an asshole or you're not. |
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10-03-2005, 09:25 PM | #14 (permalink) | |
Upright
Location: In The Deep, Deep South...
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So yeah... I'm totally scared. I don't even think I'm gonna' sleep tonite. I feel REALLY sick o.0
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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... |
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10-03-2005, 09:28 PM | #15 (permalink) | |
Metal and Rock 4 Life
Location: Phoenix
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Well that makes a little more sense at least. By reading your first post it appeared as if you were saying you had only downloaded this one movie.
Also not to completly side track but... Quote:
The person claims they did not know such files were infringing movie files, but will still be sued with no say in it.
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You bore me.... next. |
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10-03-2005, 09:28 PM | #16 (permalink) |
Upright
Location: In The Deep, Deep South...
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Well Cynthetiq, that makes me feel even worse because I don't have that kind of money
I think Mexico's looking like a great option right about now. And, no offense, but you don't have to be so harsh about it :\
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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... |
10-03-2005, 09:29 PM | #17 (permalink) | |
Metal and Rock 4 Life
Location: Phoenix
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Out of curiousity do a search of where Universal is located, and then check where the phone number points to. Also, I would sure think you should get somthing from a COURT office stating when you are to be at a court house, not from a business.
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You bore me.... next. |
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10-03-2005, 09:30 PM | #18 (permalink) | |
32 flavors and then some
Location: Out on a wire.
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Gilda
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10-03-2005, 09:33 PM | #20 (permalink) | |
Upright
Location: In The Deep, Deep South...
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Quote:
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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... |
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10-03-2005, 09:34 PM | #21 (permalink) | |
Tilted Cat Head
Administrator
Location: Manhattan, NY
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Quote:
like i said you don't have to have that kind of money. they can just garnish your wages until it's paid off. Garnish wages is just like having another tax coming out of your paycheck...
__________________
I don't care if you are black, white, purple, green, Chinese, Japanese, Korean, hippie, cop, bum, admin, user, English, Irish, French, Catholic, Protestant, Jewish, Buddhist, Muslim, indian, cowboy, tall, short, fat, skinny, emo, punk, mod, rocker, straight, gay, lesbian, jock, nerd, geek, Democrat, Republican, Libertarian, Independent, driver, pedestrian, or bicyclist, either you're an asshole or you're not. |
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10-03-2005, 09:36 PM | #23 (permalink) | |
Upright
Location: In The Deep, Deep South...
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Why do they care about such an old movie, anyway?
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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... Last edited by X_789_X; 10-03-2005 at 09:39 PM.. |
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10-03-2005, 09:37 PM | #24 (permalink) | |
Tilted Cat Head
Administrator
Location: Manhattan, NY
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Quote:
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I don't care if you are black, white, purple, green, Chinese, Japanese, Korean, hippie, cop, bum, admin, user, English, Irish, French, Catholic, Protestant, Jewish, Buddhist, Muslim, indian, cowboy, tall, short, fat, skinny, emo, punk, mod, rocker, straight, gay, lesbian, jock, nerd, geek, Democrat, Republican, Libertarian, Independent, driver, pedestrian, or bicyclist, either you're an asshole or you're not. |
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10-03-2005, 09:38 PM | #25 (permalink) |
Adequate
Location: In my angry-dome.
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These cases are generally settled for a few $thousand, on payment plans, with the stipulation that you keep the terms confidential. The vast majority I've heard of were the result of sharing files, not simply downloading. (Though by downloading you're usually automatically sharing.) While their legal tactics may be changing to downloaders I'd be surprised if that's all this was about.
I would contact attorneys in your area and mention the letter until you find someone familiar with the process. Lots of targets are poor students or further down the financial ladder than yourself.
__________________
There are a vast number of people who are uninformed and heavily propagandized, but fundamentally decent. The propaganda that inundates them is effective when unchallenged, but much of it goes only skin deep. If they can be brought to raise questions and apply their decent instincts and basic intelligence, many people quickly escape the confines of the doctrinal system and are willing to do something to help others who are really suffering and oppressed." -Manufacturing Consent: Noam Chomsky and the Media, p. 195 |
10-03-2005, 09:42 PM | #26 (permalink) | |
Upright
Location: In The Deep, Deep South...
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I guess I should go look that up.
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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... |
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10-03-2005, 09:42 PM | #27 (permalink) | |
Metal and Rock 4 Life
Location: Phoenix
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# Amazon.com Sales Rank:
Today: #4,971 in Video Yesterday: #4,685 in Video Amazon easily has over 80,000+ movies. They are still making money on a movie and dont want to miss a dime. But also from my original post, its also to spread fear to others rather them going after everyone they hit and miss. http://www.copyright.gov/title17/92chap1.html#106 Quote:
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You bore me.... next. Last edited by Destrox; 10-03-2005 at 09:46 PM.. |
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10-03-2005, 09:51 PM | #28 (permalink) |
Upright
Location: In The Deep, Deep South...
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-Sigh-
Yeah... I read that earlier. Well, I guess there's not much use in worrying about it tonight. I'm just gonna' go to sleep (Or at least, try to go to sleep). Thanks for all the input :\
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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... |
10-03-2005, 10:23 PM | #29 (permalink) |
Human
Administrator
Location: Chicago
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Like someone else mentioned, these cases are almost always settled for a few thousand. Then they'll probably work out a payment plan too.
Honestly though, it sounds to me like someone's messing with you. I would think you'd have actually gotten a summons.
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Le temps détruit tout "Musicians are the carriers and communicators of spirit in the most immediate sense." - Kurt Elling |
10-03-2005, 10:32 PM | #30 (permalink) |
Eat your vegetables
Super Moderator
Location: Arabidopsis-ville
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I like SecretMethod70's response there. If the number doesn't work, then I'd assume it's a fake. But just to be safe... find a lawyer friend and have them look it over.
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"Sometimes I have to remember that things are brought to me for a reason, either for my own lessons or for the benefit of others." Cynthetiq "violence is no more or less real than non-violence." roachboy |
10-03-2005, 10:47 PM | #31 (permalink) |
Mine is an evil laugh
Location: Sydney, Australia
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What secretmethod said. In Australia, when you have to go to court, you will have someone turn up at your place of residence, ask for you by name, and hand you a court document. At worst it will be on letterhead from the other party's lawyer. This happens until you have a law firm contact the other party's lawyer to say they are acting on your behalf, at which point the pesky delivery guy will go directly to your lawyer. This is a good thing as it means you wife doesn't see just how much correspondence actually occurs...
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who hid my keyboard's PANIC button? |
10-03-2005, 11:15 PM | #33 (permalink) |
Adequate
Location: In my angry-dome.
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A summons would follow later, after your refusal to settle. Still, it does sound like someone is messing with you.
Then again, the studios and trade associations use third party collection agencies which are often fly-by-night operations. I wouldn't write it off without trying from another phone and investigating the contact information thoroughly. You don't want to default to the penalty box.
__________________
There are a vast number of people who are uninformed and heavily propagandized, but fundamentally decent. The propaganda that inundates them is effective when unchallenged, but much of it goes only skin deep. If they can be brought to raise questions and apply their decent instincts and basic intelligence, many people quickly escape the confines of the doctrinal system and are willing to do something to help others who are really suffering and oppressed." -Manufacturing Consent: Noam Chomsky and the Media, p. 195 |
10-04-2005, 12:27 AM | #34 (permalink) |
A boy and his dog
Location: EU!
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Something is not right. I'm not sure about your local law, but I think that it's standard procedure in most countries around the world for the court to deliver information about you being sued. In my country, and in most other places I've worked, this information has to be delivered personally, and signed by you. I see two options: that either the company is getting ready to sue you, and the date specified in the letter you got is a date when they'll go to court with all the data to begin the process (so, right nowe, the cour't hasn't actually started you case). If you got this letter, then maybe they want to settle first. However, if the phone number is dead... it sound like a hoax.
Check the name of the person that signed the letter. Google it. If that person really works at Universal or a law firm, than you might be onto something. Call them. If not, call the cops. Last edited by Schwan; 10-04-2005 at 12:29 AM.. |
10-04-2005, 12:54 AM | #35 (permalink) |
Junkie
Location: Right here
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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.
2. You might be able to mount some defense that someone else did it. But once again, this is not criminal law. You are not entitled to the same protections or standard of guilt in a civil trial. It operates under the preponderance of the evidence, not beyond reasonable doubt. If the fact finder comes to the conclusion that you are 51% likely to have committed the grievance or somehow liable, the ruling will be in the plaintiff's favor. 3. Posting here was one of the worst things you could have done. A) remove all of your logged posts, B) beg Halx to purge the database of your statements, and C) contact a real attorney.
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"The theory of a free press is that truth will emerge from free discussion, not that it will be presented perfectly and instantly in any one account." -- Walter Lippmann "You measure democracy by the freedom it gives its dissidents, not the freedom it gives its assimilated conformists." -- Abbie Hoffman |
10-04-2005, 01:48 AM | #36 (permalink) | |
Illusionary
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Holding onto anger is like grasping a hot coal with the intent of throwing it at someone else; you are the one who gets burned. - Buddha |
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10-04-2005, 02:49 AM | #38 (permalink) | |
Easy Rider
Location: Moscow on the Ohio
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I don't know about Universal and the movie industry but I thought the RIAA was only targeting those who uploaded (provided) music files for others to download.
I wouldn't admit to downloading the movie until you talk to a lawyer. Perhaps it will be up to them to prove that you and not someone using your computer without your permission is at fault. I really have no idea, but I would consult an attorney, at least buy an hour of time with one to start. Also do some searches for Universal and piracy, there must be more people with your problem and you may be able to find out something about how these cases are being handled. I thought most of the RIAA lawsuits were settled out of court like the following example: Schoolgirl Settles With RIAA Quote:
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10-04-2005, 03:44 AM | #39 (permalink) | ||
Insensative Fuck.
Location: Boon towns of Ohio
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10-04-2005, 04:45 AM | #40 (permalink) |
Upright
Location: In The Deep, Deep South...
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First of all, I googled the name on the letter (Aaron Markham) and he is the director of internet anti-piracy, worldide anti-piracy operation (So I know at least that much is real).
Anyway, inside of the envelope was the letter stating what the infraction was and then there was another letter stating a court date at the local courthouse or something. So yeah, I guess the first thing I'm going to do this morning is try to re-dial that number and then I'm going to call the courthouse. And -Sigh-, I think this is complete BS. I innocently downloaded a movie to watch and next thing you know, I have Universal breathing down my neck. And... I really don't want to have to pay anything, because I can't o.0 And, for the record, I kinda' don't need to hear anymore, "That was a really dumb thing to do". I think at least 9/10 people download music off the internet. So yeah... It could happen to you .
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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... |
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