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Online Piracy Lawsuit Threat: I need advice within 24 hours if possible

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Vindicated

Guest
What is the name of your state? California.

This question is related to internet piracy. My son was on the computer, he just got one of those Gmail email accounts. An online friend sent him a link to download a program called eMail2Pop, his online buddy also sent him a "cracK" (software that registers the program illegally). My son applied the illegal crack software and then a noticed poped up. The eMail2Pop program had a anti-crack system in place. His IP address, ISP, and other information was sent to the company of eMail2Pop. A browser window then poped up stating that if he does not pay an $80 Settlement fee within 48 hours legal action will be taken.


Here is what the webpage stated (copied and pasted):

---------------
PIRACY IS ILLEGAL
48 Hour Settlement Limit - READ CAREFULLY

Please read the following information very clearly. Your information has already been logged into our database so closing the window may result in legal action. Please read on to find out how to clear your name from legal prosecution.

Bookmark this page right now for future reference and remember your Violation ID so it can be cleared.

Piracy is one of the largest problems in the software industry. If all of our software today was free, then there would be no funding to support the industry. Please do your share and pay for the time that went into providing you with such a valuable service.

Why you are seeing this page - Your information has been stored on our servers because you were detected using an illegal device or unauthorized version of eMail2Pop designed to circumvent our software protections and use our software for free. Because PorkChup Solutions takes a ZERO TOLERANCE policy against piracy, warez, and cracks, eMail2Pop has sent personally identifiable information about you to our servers. We have logged everything - including but not limited to your IP address, ISP Information, and Physical and Software System Information. In addition, eMail2Pop may have collected the following - random documents to further identify you, your e-mail address and address book, select e-mails, AOL account information, and more. You authorized this information collection in the event of a piracy violation through the End User License Agreement.

What PorkChup Solutions will do with your information - Because you have potentially violated federal copyright and civil laws, PorkChup Solutions has the right to take you to trial seeking monetary penalties and jail time. By subpoenaing your ISP with the information eMail2Pop has collected about you, your ISP is required to disclose to us your personal billing information. With evidence provided by your ISP and the identifying information collected by eMail2Pop, PorkChup Solutions has enough information to quickly bring you to justice.

We do not want to initiate legal action - It is in PorkChup Solutions' best interest to spend the least amount of resources possible in persuing piracy. We support the piracy education program where companies raise awareness on the severity of software piracy and the damage it does to the economy. Therefore, our goal is only to teach you a lesson and not take legal action against you. To clear your name from prosecution, PorkChup Solutions offers a way for you to pay for your copy of eMail2Pop along with a minimal settlement fee.

The settlement fee is currently: $80 which includes a legal license to use eMail2Pop. Your name will also be removed from the database within six months.

How to Pay: Use the following link to pay: http://www.regsoft.net/purchase.php3?productid=50090&pc=7209W Please specify your VIOLATION ID: 5zx123166 in the box that says "Suggestions or Comments."

What if I refuse to pay?
The goal at PorkChup Solutions is to educate consumers about software piracy. The settlement fee is designed to teach consumers a valuable lesson and allow us to drop any legal charges against you. Remember that piracy is also a civil issue which can be handled by the government. If you refuse the settlement offer, we may prosecute you and/or send your information to the government for prosecution.

Here is an excerpt from the Business Software Alliance (www.bsa.org):
If the copyright owner brings a civil action against you, the owner can seek to stop you from using its software immediately and can also request monetary damages. The copyright owner may then choose between actual damages, which includes the amount it has lost because of your infringement as well as any profits attributable to the infringement, and statutory damages, which can be as much as $150,000 for each program copied. In addition, the government can criminally prosecute you for copyright infringement. If convicted, you can be fined up to $250,000, or sentenced to jail for up to five years, or both.

This settlement offer is strictly a voluntary option given to you. In legal terms, you are not required or forced to take this offer. However, taking this offer will excuse you from any legal liability arising out of this violation, provided that there are no subsequent violations or other circumstances that would reopen this case.

The settlement offer expires after 48 hours or at the end of the next business day, whichever is later.

Here is a sample of recorded information:

Violation ID: 5zx123166

IP Hostname: ca-dstreet-cuda3-c4a-104.snbrca.adelphia.net

Time of Violation: 20040908204928

Hard Disk Space: 12002325299.2 bytes
Click to expand...
--------

Now there are a lot of online scams, so I'm worried if this is one of them or if its real. If I should pay the fee or attempt to fight it. What are your opinions on what I should do?

I'm still pretty shocked by the whole situation. I'm not working right now (attending college full time). I don't think I can afford a lawer, I can barely afford the $80 fee. I'd have to dip into my savings which isn't much at this point.

I'd love to hear any advice. Thanks,

- Chris
 
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CdwJava

CdwJava

Senior Member
Well, aside from the obvious potential legal and apparent moral problems here, all I can say is that the entities are real.

However, I would be very leary of "paying" anything unsolicited over the internet.

While it is doubtful that they are going to pursue extensive civil or criminal charges, it IS a possibility.

You might consider calling them and seeing if this is on the level.

Their home page is:

http://www.porkchup.com/

Tell your son to stop trying to load illegal stuff.

Carl
 
V

Vindicated

Guest
Thanks for the quick reply. And yes, my son is definitly grounded regardless of what happens, I'm even seriously thinking about PC Monitorating software. This is the second time something similar to this has happened. Last time he downloaded a MP3 song off a P2P program and my internet got shut off by my ISP. Luckly that time was just a warning. My ISP (adelphia) told me on the third violation they could cancle my account completly. However on that occation I was never contacted directly by the copyright owners.

I went to this company's webpage (PorkChup Solutions, Inc), but no phone number is given, only a fax & some email addresses. I did a google search looking to see if I can find anyone else saying they got sued. I didn't find any. Which is pretty odd. I know the RIAA has a lot of problems suing kids for downloading MP3s, and I've never heard about them using this tactic though. Which you'd think they of all people would. And anytime a kid gets sued, its all over the small internet news websites.
 
L

LittleNapolean

Guest
If I got a notice like that I'd assume someone had either tapped into my wireless connection or had hacked one of my kid's computers.

I also run a firewall on all my computers which blocks applications which I haven't approved from communicating with the Internet.

An IP address proves little, IP addresses can be hacked, IP addresses don't identify a specific computer or a specific user.

I'm sure it would take a knowledgable person about an hour to extract the naughty boy message sent back to their server and show how it could be maliciously sent from anyone's computer that never had their application installed.

Sounds more like a new way to "sell" software.
 
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V

Vindicated

Guest
Well, if it was for real, I'm starting to believe its not more and more, but if it was... What do you think is the realistic amount of money they can get? The product costs $25. Settlement fee is $80 but it includes the product.
 
P

ptlmejo

Member
I doubt if it actually "reported" it back anyway.

It's probably just a scare tactic, for instance, let's suppose you legally purchased and downloaded the program from their website and put in the wrong serial. Are they going to try and charge you for something you *legally* bought?
 
C

calatty

Senior Member
Don't pay it. It could be construed as an admission of guilt and subject him to further penalties.
 
D

Duren

Guest
What did you end up doing Vindicated? I'm in a similar predicament.

I'm in Ontario, does that change anything? Anyone want to comment?
 
S

SignorFrancesco

Guest
You know, oddly enough there is another thread on this very board called, "Is this blackmail", which talks about the very same thing and company. The person asking the question admits to trying to hack into the software, but the question of whether this was a real company or not was never brought up. I would say though, that with two of you asking the same question around the same time, about the same company, would suggest that this is either a real company or a new wide spread scam. Of course, it seems to only target those doing wrong, but again that could be the whole black mail side of it. Maybe someone has learned how to hack in and set up monitors on such programs. I dunno, I'm not that savy on hacking.

I would make contact with the company, even through fax or email, asking them to contact you. Asking them a few questions may help you make up your mind about them. Also, there should be some entity such as the Better Business Bureau, or whoever issued a business liscense to these people, who can verify that they are an actual company.

If they are, pay the fee. If not, report them ASAP and I would imagine that any part your son played in the matter would pale in comparison to the scam you'd be helping to reveal.

Hope that helps.
 
D

Duren

Guest
Thank you, it has helped, I have sent an email to their legal department, assuming they have one.

I have apologized and request the violation be considered void, and explained that if they believe they should still be compensated, I would like all the information i would need to verify that they are a company, after which i will pay the fine, requesting that they reduce it to what they want for the violation only (they want more because they include a copy of the software, which is useless to me). I will however pay the full fine if necessary (and if they are legit).

What a day.
 
B

BelizeBreeze

Senior Member
calatty said:
Don't pay it. It could be construed as an admission of guilt and subject him to further penalties.
Click to expand...
This is the FIRST time I agree with CalAtty :D Do not pay this 'fine'. Do not admit anything. In fact, you should not have even contacted them by e-mail, but since you did, I HOPE to advised them that you would pay no amount of money under the circumstances without a full and complete release accompanying their reply e-mail AND an admission by them that they have illegally gained access to your computer for private information in violation of the law (remember Microsoft?).

At a minimum, they WILL delete any information contained in their database regarding you IMMEDIATELY or you will have no recourse but to file suit against them for invasion of privacy and illegally obtaining private information.

Then beat the crap out of your son and until he is 18 and on his own, he doesn't get near a computer.
 
B

<Bill>

Member
the RECORDING INDUSTRY ASSOCIATION OF AMERICA had to aggressively litigate ISP providers in order to get them to disclose the identity of the persons who's INTERNET Protocol Addresses the RIAA believed violated CR laws. So I doubt they will just give out your info to this software company.
 
D

Duren

Guest
BelizeBreeze,

But in their policy they say that by saying I agree to the EULA, I agree to a system scan and retreival of whatever information.

Since their program, like every other, forces the EULA upon installation, I have basically agreed to let them access my drive and so it's not a violation of privacy, is it?

The payment method is by CC and with a third party company (regsoft) and PorkChup claims they don't get my CC Num...

Have I inadvertantly drawn too much attention by sending this email? is backing out still an option if I choose to do so? I can remove the email and create a new one with my ISP.

Bill, I don't think they will have to do much litigation, I'm not disputing whether it happened or not, it did and so the ISP would probably give out the information.

See if they're a big company either they won't care about one more person or will have the resources to do something. If they are a small company, either they don't have the resources or will pay particular attention to the case to make a lot of money.

The point is that it is most likely that nothing will happen, but there is a possibility and since I'm not willing to accept that chance and get huge fines and jailtime, I'd rather pay, besides, $80 is a small price to pay consdering the alternatives AND I will rest easy because I will know for sure that it's over. If it was more money then I would think twice.

If I do pay, or if I dug myself to deep, when I pay, I will insist on a signed release (mailed?) but I doubt I can get them to admit to invasion of privacy based on what I said regarding the EULA.

Also, even if they did admit, I don't have the time or money to sue them, let alone whether or not it would even be worth it after all the fees.
 
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D

Duren

Guest
Well the legal dept responded, 2:40AM my time which I think is 11PM your time, an hour ago. I found that kind of strange.

Anyway, they said basically said that if I delete whatever infringing software on the computer, and buy a license (surprise surprise) for about $26, they are "willing to drop the settlement entirely" (which I will tell them means that I am removed from their databases entirely and immediately after obtaining a license). I specifically said in the email that the program was of no use to me, and they still want me to use it.

As for company credibility, they said I should consult google for they have been featured in many online publications.

I suppose I will get a license for them to forget the settlement. Back to the blackmail thread we go :)

Comments?
 
G

Gary King

Junior Member
I just have to say, that right now I'm in the very same predicament and am happy that I came upon this thread.

I'm also from Ontario like you, Duren.
 
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