Copyright Infringement Notice

[idrum88]

I am new to the forum, I would really appreciate some advice. Last night I received an email from my ISP saying that they thought that I had downloaded illegal copyrighted material on the internet. The email said that they had been contacted by a copyright owner. There was also a link that proposed a settlement fee that would clear me of future charges. My internet connection has not been password protected and I have had many guests use my connection. I am not familiar with the particular file that is in question but it is very possible that someone did download it on my connection. Should I ignore this settlement email and wait until I get something in writing? Or should I pay the settlement to avoid future hassles?What is the name of your state (only U.S. law)?

 

[quincy]

No one here can tell you what you should do, although consulting with an attorney in your area to go over all of the specific facts of your situation would not be a dumb idea.

I suggest you read the recent thread titled "Should I pay the copyright settlement?" by nba_base, and consider each of the options that have been outlined there.

Good luck.

 

[idrum88]

No one here can tell you what you should do, although consulting with an attorney in your area to go over all of the specific facts of your situation would not be a dumb idea.

I suggest you read the recent thread titled "Should I pay the copyright settlement?" by nba_base, and consider each of the options that have been outlined there.

Good luck.

I have read through that thread. I spoke to my ISP today and they basically told me just to check my computers and secure my connection. They made it seem like if it didn't happen again, that this would just go away. They also told me that they would not release my information unless under court order. I do not feel comfortable just giving money to a company without even receiving an official written document. What would be the harm in just waiting it out? Would they really come after me for a $200 charge for something I'm not even sure happened?

 

[quincy]

The risk you face in not paying the settlement amount now is having the copyright holder sue you for copyright infringement later.

If this occurs, the copyright holder will not be asking the court for $200, because you are right that it would not be financially feasible for them to take you to court for $200. Instead the copyright holder will ask the court for statutory damages. The statutory damages that can be collected in court (if the copyrighted work was registered in a timely manner) will be anywhere from $750 to $30,000 per infringement - substantially more than the settlement figure you are being offered now.

The fact that statutory damages can be awarded makes a copyright holder pursuing an infringement claim past the settlement letter stage not quite so unrealistic or improbable. Whether the copyright holder will pursue you past a settlement letter is anyone's guess.

The choice as to what to do is ultimately up to you.

 

[idrum88]

The risk you face in not paying the settlement amount now is having the copyright holder sue you for copyright infringement later.

If this occurs, the copyright holder will not be asking the court for $200, because you are right that it would not be financially feasible for them to take you to court for $200. Instead the copyright holder will ask the court for statutory damages. The statutory damages that can be collected in court (if the copyrighted work was registered in a timely manner) will be anywhere from $750 to $30,000 per infringement - substantially more than the settlement figure you are being offered now.

The fact that statutory damages can be awarded makes a copyright holder pursuing an infringement claim past the settlement letter stage not quite so unrealistic or improbable. Whether the copyright holder will pursue you past a settlement letter is anyone's guess.

The choice as to what to do is ultimately up to you.

Well i suppose my next question would be; Is this company legit? If I pay this settlement will this whole thing truly be over?

 

[quincy]

Those two questions I can't answer for you - one, because you never mentioned a company name and, two, because I cannot predict what anyone will or will not do in the future.

Would I personally feel comfortable sending off money to a company or an individual based solely on an emailed notice that I infringed? Probably not.

 

[idrum88]

Those two questions I can't answer for you - one, because you never mentioned a company name and, two, because I cannot predict what anyone will or will not do in the future.

Would I personally feel comfortable sending off money to a company or an individual based solely on an emailed notice that I infringed? Probably not.

The company is copyright enforcement group if that helps

 

[quincy]

The Copyright Enforcement Group is a company that has pursued copyright infringers in the past on behalf of various copyright holders. How "legitimate" all of their copyright claims are, however, is something I, once again, cannot tell you. I know that they have sent settlement notices and have collected settlement amounts from infringers and they have filed suits against a couple of identified John Does in the Does' home states. Google "Dunlap, Grubb & Weaver" for more information.

If you choose to pay the offered settlement amount to end the matter now, I advise that you do so only after reviewing the notice you received with an attorney, and that you do not send off money without obtaining a release from the copyright holder that states that there is no further legal action pending against you on this copyright infringement claim nor will any further legal action be taken against you on this copyright infringement claim. The release should also be reviewed by an attorney.

It is possible that you may receive more than one notice of infringement if you downloaded the same copyrighted material several times or illegally downloaded additional copyrighted material.

There may be attorneys who will review all of this for little or no charge, but you must check around your area (perhaps a law school or a legal aid clinic can be of assistance?). I know in Michigan there are attorneys who volunteer their time to help those with their legal issues - sometimes these are scheduled for a specific day in a courtroom and sometimes these are radio or television call-in programs. I don't know if your state (which you failed to mention) offers similar free personal reviews.

Good luck.

 

[idrum88]

Thank you for the advice quincy.....does anyone else have any input?

 

[sophie6]

Quincy,

I'm finding a lot of stories about Dunlap, Grub, Weaver related to USCG, not Copyright Enforcement Group. Are you saying the same firm is behind both (which I guess would explain this story):

US Copyright Group Caught Red Handed Copying Competitor's Website | Techdirt

 

[idrum88]

Quincy,

I'm finding a lot of stories about Dunlap, Grub, Weaver related to USCG, not Copyright Enforcement Group. Are you saying the same firm is behind both (which I guess would explain this story):

US Copyright Group Caught Red Handed Copying Competitor's Website | Techdirt

From the research I have done, I have not been able to find that the copyright enforcement group is actually taking people to court. It seems that they may just be trying to get people to pay up out of fear.

 

[sophie6]

Based on everything I've been able to discover I'd been thinking the same thing. Everyone who has posted on any forum regarding CEG who claims to have ignored the email indicated that nothing happened. Of course they've got three years.

The fact that in my case they don't seem to have even bothered to register a copyright claim with the US copyright office adds credence to this idea, although I realize it would be foolish to make inferences based on this.

 

[idrum88]

Based on everything I've been able to discover I'd been thinking the same thing. Everyone who has posted on any forum regarding CEG who claims to have ignored the email indicated that nothing happened. Of course they've got three years.

The fact that in my case they don't seem to have even bothered to register a copyright claim with the US copyright office adds credence to this idea, although I realize it would be foolish to make inferences based on this.

I am just not comfortable with the idea of just paying such a shady company like this. If I do not pay this "settlement" do you really think they will try to sue me for one incident?