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ceg tek copyright infringement notice, help needed

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ytmuse

Junior Member
APR 4TH I GOT ceg tek copyright infringement notice FROM VYPRVPN ( I AM USING VPN SERVICE) for torrent download and vyprvpn asked me to electronic sign to acknoledge and future will not do it.i did not do.same mail they told me after 3 days with out reply they will suspend my sevice.i dont have any prob.i checked ceg-tek link to know what is the money ($300) they are asking. after that i did not do anything.after that i totally disconnect connection and torrent uninstall and did not do anything until now.today i got mail from vyprvpn service suspend and another 2 notice for the apr 4th day download. i am not in US and right now i am in korea (up to aug end) then return to india. they dont have detail other than vyprvpn IP and my billing address ( am not staying). Please give me suggestion.
 


quincy

Senior Member
APR 4TH I GOT ceg tek copyright infringement notice FROM VYPRVPN ( I AM USING VPN SERVICE) for torrent download and vyprvpn asked me to electronic sign to acknoledge and future will not do it.i did not do.same mail they told me after 3 days with out reply they will suspend my sevice.i dont have any prob.i checked ceg-tek link to know what is the money ($300) they are asking. after that i did not do anything.after that i totally disconnect connection and torrent uninstall and did not do anything until now.today i got mail from vyprvpn service suspend and another 2 notice for the apr 4th day download. i am not in US and right now i am in korea (up to aug end) then return to india. they dont have detail other than vyprvpn IP and my billing address ( am not staying). Please give me suggestion.
If CEG TEK sues you over the illegal downloads, they must sue you under your country's copyright laws and in your country's courts (Korea now, or India later), this for any copyright infringement lawsuit to have an effect on you. It will be the copyright laws in these countries that will apply to you if any legal action is taken - not the laws of the US.

CEG TEK cannot, in other words, compel you to come to the US to be sued. They can, however, sue you in your own country.

I think it unlikely that CEG TEK will take the time, make the effort, or expend the money necessary to sue you in either Korea or India, however. If you choose not to settle with the copyright holder by paying the demanded settlement amount ($300), it is possible nothing more will happen to you other than the suspension/termination of your internet service provider account.

That said, you were smart to uninstall your torrent connection. It would be smart for you to not illegally download any additional copyrighted material. You can check with an IP attorney in your area of the world if you are concerned. You might want to have the notices you received reviewed.
 
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quincy

Senior Member
You're welcome, ytmuse.

It might be important to note that many of the companies that represent copyright holders (like CEG TEK) have been taking to court more infringers who refuse to settle upon receipt of a settlement demand letter. These suits are filed against individual John Does (often identified by an IP address only), or they are filed against an identified Doe after a subpoenaed ISP has released identifying account information.

Seemingly gone from the courts are the pre-discovery mass defendant John Doe suits of the past, which resulted in not only a lot of controversy but also the filing of some legal actions against the companies and attorneys filing the suits.

These new infringement suits are avoiding the jurisdiction issues raised in the past by filing the suits in the John Does' home states, and they are avoiding the improper joinder issues by not linking together a disparate group of infringers from around the country. It can be harder for a defendant to get a suit dismissed now, and it is harder for a defendant to argue against the illegal download tracking evidence presented against them by the copyright holders. This evidence is holding up in court.

Not all that long ago, Malibu Media (one of the big companies with numerous infringement suits filed in several courts throughout the country) won a big victory against one of its identified infringers in a Pennsylvania court ($110,000+ and attorney fees). Damages awarded in copyright infringement suits can be high if an infringer chooses not to settle out of court. An infringer should not expect to escape a court action with just a $300 judgment against them but should expect instead courts to order amounts in the multi-thousands-of-dollars range (within the $750 up to $150,000 per infringement statutory limits for which the owner of a registered copyright holder is eligible). When the costs of the plaintiffs go up (as they will if a trial is necessary), so generally will the amount of damages awarded.

That said, and although it is possible for a US copyright holder to pursue a foreign infringer, the costs of such an action are often prohibitively expensive. Therefore, a copyright infringement suit against a foreign infringer who has downloaded a single copyrighted work is unlikely to follow a demand letter. On the other hand and in some cases and for especially egregious infringement that involves either numerous copyrighted works or large amounts of money, the Department of Justice may decide to pursue criminal infringers located in other countries. A foreign infringer should not feel safe from suit, in other words.

As often advised in the past, people should avoid BitTorrent peer-to-peer file sharing and illegal downloads.
 

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