Computers & Electronics

Got served paper from IP trolls for bit torrent copyright

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  • Oct 20th, 2018 12:44 am
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That's a large number of folks. Which movie is this?
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Mar 31, 2017
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wind river, with Scarlett Witch and Hawkeye from Avengers, and the half Chinese lady who plays an Indian victim.
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Apr 20, 2018
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Woodstock
Last edited by skinnyguy on Jun 12th, 2018 12:20 pm, edited 4 times in total.
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Jun 10, 2018
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I've gone around the block and I've been told that the settlements are around $3k-$4k CAD. I've been told that they're(The Plaintiff) very stubborn with the settlements.

Letter of defense from a lawyer will run you around $1.1k-$1.5k CAD with future retainer costs running you about $10k-$15k if/when this goes to court.

I've got into contact with a few lawyers who are following these cases (A few frequently blogs about them) and reviewing the statement of claim. They are willing and eager to do a pooled defence action, PM me if you're interested.
Last edited by inhama on Jun 12th, 2018 12:34 pm, edited 1 time in total.
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inhama wrote:
Jun 12th, 2018 12:10 pm
I've gone around the block and I've been told that the settlements are around $3k-$4k CAD. I've been told that they're very stubborn with the settlements.

Letter of defense from a lawyer will run you around $1.1k-$1.5k CAD with future retainer costs running you about $10k-$15k if/when this goes to court.

I've got into contact with a few lawyers who are following these cases (A few frequently blogs about them) and reviewing the statement of claim. They are willing and eager to do a pooled defence action, PM me if you're interested.
I would say, although I know nothing about law, is to do the same they are. They are combining all these into one case with a lot of John Does per case. Do the same for the defence, everyone pools together like a Class Action Suit, but for this.

If it is 3-4K per doe, then they have nothing to lose, and will just keep going and going and going for years and years.

As for stubborn, whos stubborn, the lawers, or the judges. Courts are packed full and back logged with real crimes, because of this kind of crap so money can be made
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This is a cash cow for these lawyers. The problem with defending the case is that the pooled defendants don’t know who is who. Pooling defendants would be the best defence and the costliest for the plaintiffs.
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Jun 3, 2018
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probably a $25 max cost to buy in store and their asking for $3 to $4K this is crazy... have you filed your defence letter
and to prepare a defense statement is over priced it shouldn't cost this much..

Also ofcourse the lawyers are eager for pooling Jon Does... minimum work more cash.
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mintos007 wrote:
Jun 12th, 2018 9:44 pm
probably a $25 max cost to buy in store and their asking for $3 to $4K this is crazy... have you filed your defence letter
and to prepare a defense statement is over priced it shouldn't cost this much..

Also ofcourse the lawyers are eager for pooling Jon Does... minimum work more cash.
What are you talking about - overpriced ????

Price has nothing to do with it - if you downloaded that movie the assertion is that you violated the copyright law and you get punished for it by paying a fine.
The minimum fine the judge is allowed to set is $100.- assuming the case goes to trial and the person is found guilty of downloading the movie.
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Jun 3, 2018
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krs wrote:
Jun 12th, 2018 10:12 pm
What are you talking about - overpriced ????

And when I said over priced I'm talking about preparing a statement od defence letter being costing you about $1.1K and above as someone earlier posted..

Price has nothing to do with it - if you downloaded that movie the assertion is that you violated the copyright law and you get punished for it by paying a fine.
The minimum fine the judge is allowed to set is $100.- assuming the case goes to trial and the person is found guilty of downloading the movie.
Well I know they can basically ask any amount they please..

So your saying if it does go to trial court can order you to pay minimum $100 and is it $5000 maximum when found guilty?
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Jun 11, 2018
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So of everyone here that got served over a month ago, what’s happened since? I just got served and I want to know how to proceed.
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mintos007 wrote:
Jun 12th, 2018 10:19 pm
Well I know they can basically ask any amount they please..

So your saying if it does go to trial court can order you to pay minimum $100 and is it $5000 maximum when found guilty?
That is the lower and upper limit the current Canadian law prescribes.
But the expectation is that a first time offender who downloaded the movie for personal use would be fined at the lower end of that scale.
Question is does one if found guilty have to pay some or all of the plaintiff lawyer's fees.

It's also not clear to me how a judge would determine if someone is guilty or not.
All this depends on the plaintiff recording IP addresses and time stamps accurately, then based on that have the ISP retrieve the record of who used that IP address at these times accurately.
It's also not clear to me how much of a movie has to be proven downloaded for the copyright infringement to actually apply.

As far as I know none of these cases have gone to trial yet - the plaintiff obviously hope people are going to pay up rather than take a case to trial with an uncertain outcome.

I remember reading somewhere, seems to me it was a comment by an MP involved in draftling the latest legislation, that this legislation was supposed to prevent "trolls" from taking advantage of Canadian copyright law...... except that seems to be exactly what is happening.
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The other thing I'm struggling with are the specific movies people are being accused of downloading.
people obviously have different tastes, but none of the movies mentioned so far seem to be worth any space on my hard drive.
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Jun 10, 2018
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Francis003 wrote:
Jun 12th, 2018 10:24 pm
So of everyone here that got served over a month ago, what’s happened since? I just got served and I want to know how to proceed.
How I've approached this:

1. Get informed, don't let the legalese, fear (their main tactic) and anxiety overwhelm you, it'll also give you some peace of mind once you understand what this is. Familiarize yourself with the terms and what the names of documents are and what they do in the legal system.
2. Scan the documents you've been served with (I've only included the page with my doe# in the schedule and excluded the rest) and have it ready to go in a PDF.
3. Get as much legal advice in confidence(get a verbal agreement from them) from as many firms as you can without paying (ask if they've dealt with similar cases).
4. Reach out to Probono legal advice services and ask for federal civil litigation lawyers.
5. 30 days is a LONG time, even in legal land. I've been told by a lawyer that as long as a statement of def. is filed ON the 30th day, its all good.

From the legal advice I've gotten these 3 options pop up the most:

Igonre
Defend
Settle

Given that a lot of the advice should be taken with a grain of salt because even the defence counsels you reach out to want to make some $.
The only people I trust at this moment are the Probono lawyers.
Last edited by inhama on Jun 13th, 2018 6:47 pm, edited 7 times in total.
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Jun 3, 2018
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inhama wrote:
Jun 12th, 2018 11:07 pm
How I've approached this:

1. Get informed, don't let the legalese, fear and anxiety overwhelm you, it'll also give you some peace of mind once you understand what this is. Familiarize yourself with the terms and what the names of documents are and what they do in the legal system.
2. Scan the documents you've been served with (I've only included the page with my doe# in the schedule and excluded the rest).
3. Get as much legal advice in confidence from as many firms as you can without paying (ask if they've dealt with similar cases).
4. Reach out to Probono legal advice services and ask for civil litigation lawyers.

From the legal advice I've gotten these 3 options pop up the most:

Igonre
Defend
Settle

Given that a lot of the advice should be taken with a grain of salt because even the defence counsels you reach out to want to make some $. The only people I trust at this moment are the Probono lawyers.
Probono are free right? how do you get one of the lawyers to take you as a probono and where can we find one?

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