cease and desist on ebay auctions

[kazaaSeller]

What is the name of your state? Washignton

I downloaded some short movies on a peer-to-peer sharing site called Kazaa and put them on a CD and sold a total of 6 CD's on ebay. Then I got a cease and desist email from a company representing the copyright owner. They wanted me to do the following:
1. to stop all auctions (which I did)
2. Send them all remaining CD's
3. send them records of all profits ($20.00)
4. send them names and address on buyers
5. confirm in writing by friday that I will comply
If I do that they say they will not take legal action and merely assess damages. I beleive that both parties named to be legit and this is not a hoax.

Should I respond to the request? What should I do? Are they trying to scare me?

Isn't this in the public domain?

Any help would be appreciated,

thanks KazaaSeller

 

[ChicagoLawyer]

Based on the fact that you used a peer to peer file sharing system to obtain files ostensibly for personal use then sold them, I would take their letter very seriously. Respond and give them the information they want. You do not want to be sued as an alleged intentional infringer or counterfeiter.


This response is intended as general information only and does not constitute as legal advice or form any attorney/client relationship

 

[kazaaSeller]

If I reply can they use that against me?

Should I try and get something in writing saying they won't pursue legal action as they stated before providing them with the details?

 

[ChicagoLawyer]

sounds like you have that already.


"If I do that they say they will not take legal action"

isnt it in the first letter? if not, yes, go ahead and request it. Write them and say I will give you everything in exchange for your release of any claims etc etc. before you send them the info.

This response is intended as general information only and does not constitute as legal advice or form any attorney/client relationship

 

[kazaaSeller]

The only notification I have recieved so far is an email. I have not gotten a formal letter from them.

They did state they wouldn'y pursue if I gave them what they asked for. Would the email be enought to hold them to their word if they did pursue legal action against me?

thanks

 

[ChicagoLawyer]

Yes it would work as it would bind them. It is a contingent release....if you do a b c d., we will release any claims against you......

So what if it is just an email. Without going into specifics, the general rule is an email is as good as a letter in most instances. Writing is always better. Strive for a confirmatory letter or initiate the paper trail yourself.......send a letter "per your email (a copy of which is attached)......"

This response is intended as general information only and does not constitute as legal advice or form any attorney/client relationship