Got an email from Contra Piracy, should I pay?

[Konan]

What is the name of your state (only U.S. law)? Virginia

My girlfriend received an email from her cable company COX Communications, INC

In that email the COX forwards her a letter from a third party company called Contra Piracy, in that email the Contra Piracy offers to settle the case by having her pay $400, should she pay?

She did NOT download anything illegal, some one else possible did using her Wi Fi

Should we pay or not?

P.S. I can include the entire body of the email if necessary

 

[quincy]

What is the name of your state (only U.S. law)? Virginia

My girlfriend received an email from her cable company COX Communications, INC

In that email the COX forwards her a letter from a third party company called Contra Piracy, in that email the Contra Piracy offers to settle the case by having her pay $400, should she pay?

She did NOT download anything illegal, some one else possible did using her Wi Fi

Should we pay or not?

P.S. I can include the entire body of the email if necessary

First, Contra Piracy is a company based in Switzerland that represents copyright holders in several countries, including the US. If your girlfriend's cable company received an email from Contra Piracy notifying them, and your girlfriend, of an illegal download, there is a good chance that Contra Piracy represents the holder of the rights in the copyrighted material and that a movie was illegally downloaded.

That said, it is probably a good idea for your girlfriend to NOT pay the $400 demanded until the email and forwarded letter received is reviewed by an IP attorney in your area. Contra Piracy does not have, as of yet, your girlfriend's name. The copyright holder, through Contra Piracy, will need to subpoena COX in order to obtain your girlfriend's account information. To obtain a subpoena, the copyright holder, through Contra Piracy, must first file suit against your girlfriend (i.e., a John Doe suit) in your girlfriend's state.

I am not going to say that your girlfriend should ignore the email received, however. She shouldn't. If she believes there is a chance a movie was downloaded illegally, she infringed on the rights of the copyright holder and she (as account holder) can potentially be held liable.

Again, I advise your girlfriend to have the matter reviewed by an attorney in her area. There are good reasons for settling an infringement claim with a copyright holder before it gets to the court level, but your girlfriend will want to go over all facts of the claims made by Contra Piracy before considering settling (for either $400 or a negotiated lower sum). It is possible that Contra Piracy does not have the right to sue.

Good luck.

 

[Konan]

First, Contra Piracy is a company based in Switzerland that represents copyright holders in several countries, including the US. If your girlfriend's cable company received an email from Contra Piracy notifying them, and your girlfriend, of an illegal download, there is a good chance that Contra Piracy represents the holder of the rights in the copyrighted material and that a movie was illegally downloaded.

That said, it is probably a good idea for your girlfriend to NOT pay the $400 demanded until the email and forwarded letter received is reviewed by an IP attorney in your area. Contra Piracy does not have, as of yet, your girlfriend's name. The copyright holder, through Contra Piracy, will need to subpoena COX in order to obtain your girlfriend's account information. To obtain a subpoena, the copyright holder, through Contra Piracy, must first file suit against your girlfriend (i.e., a John Doe suit) in your girlfriend's state.

I am not going to say that your girlfriend should ignore the email received, however. She shouldn't. If she believes there is a chance a movie was downloaded illegally, she infringed on the rights of the copyright holder and she (as account holder) can potentially be held liable.

Again, I advise your girlfriend to have the matter reviewed by an attorney in her area. There are good reasons for settling an infringement claim with a copyright holder before it gets to the court level, but your girlfriend will want to go over all facts of the claims made by Contra Piracy before considering settling (for either $400 or a negotiated lower sum). It is possible that Contra Piracy does not have the right to sue.

Good luck.

What might happen if she doesn't pay by March 22nd (the deadline)?

I am looking for an attorney in the area, but it is not that simple to find one

 

[quincy]

What might happen if she doesn't pay by March 22nd (the deadline)?

I am looking for an attorney in the area, but it is not that simple to find one

What might happen? Possibly nothing. It is hard to say what Contra Piracy will do.

You can check your state or local Bar Association for attorneys (http://www.vba.org/) or, if you have a law school near you, a professor might be willing to look over the letter and email for your girlfriend. But I think it is probably worth paying for an hour's worth of an attorneys time if it helps to avoid having to pay $400 or being sued for infringement.

 

[janiekwong]

Find a lawyer, go and discuss with him/her your issues about Contra Piracy. The lawyer might give you proper actions to answer these matters.

 

[quincy]

Find a lawyer, go and discuss with him/her your issues about Contra Piracy. The lawyer might give you proper actions to answer these matters.

Right. It would help Konan's girlfriend to find a lawyer in her area to help deal with the notice of infringement.

I think that was the advice provided once or twice already.

The importance of seeing a lawyer when you are dealing with a company like Contra Piracy is that there can be claims made that cannot be supported - and there is a chance that Contra Piracy does not have standing to sue anyone. You can look to the Righthaven cases to see why this might be so.