Unauthorized User Downloaded Pirated Software

[beardie13]

I am currently in TN, but my computer was in GA when the incident occurred.

I left town, and my computer in my room. My roommate got on to my computer, without my permission, and downloaded a pirated version of "Lord of the Rings." If I were to report this, would my computer be taken from me as evidence? Would I have to worry about software/music I downloaded in the past (I no longer pirate), and forgot to delete being found and charges being brought against me?

Thank you for the advice.

 

[Zigner]

I am currently in TN, but my computer was in GA when the incident occurred.

I left town, and my computer in my room. My roommate got on to my computer, without my permission, and downloaded a pirated version of "Lord of the Rings." If I were to report this, would my computer be taken from me as evidence? Would I have to worry about software/music I downloaded in the past (I no longer pirate), and forgot to delete being found and charges being brought against me?

Thank you for the advice.

Oh, the irony.

 

[xylene]

Why would you report this?

Delete the files, and wipe your drive.

 

[OHRoadwarrior]

Even better, if this was at college, you can be kicked out. Feeling Froggy? Leap!!!

 

[beardie13]

Reasons for Wanting Revenge

I have reasons for wanting my ex-roommates to run into trouble. The two of them wrecked some of my stuff & left me with $700+ in unpaid bills that they had been given money to pay my half of and paid none of... I just don't want to shoot myself in the foot bringing trouble their way.

 

[OHRoadwarrior]

If it was not on a college internet, as you indicate, I would only be concerned if the internet service was in your name. There is a lot to be said for using the factory restore function in the laptop. No telling what they may have put on it, trackers, tracers other spyware.

 

[beardie13]

...internet bill...

If the internet was originally established in my name, but my roommate had paid the bill (only bill they paid) during the time my computer was used to D/L the pirated software; would the activity be logged by the ISP and proof they had pirated software available through the ISP without requiring my computer? Would I be liable since even though the service (Clear Internet, basically sets up a 4g Hotspot in your house) was in my name, I had stopped paying the bill and would be able to document I was out of the state?

 

[tranquility]

If the internet was originally established in my name, but my roommate had paid the bill (only bill they paid) during the time my computer was used to D/L the pirated software; would the activity be logged by the ISP and proof they had pirated software available through the ISP without requiring my computer? Would I be liable since even though the service (Clear Internet, basically sets up a 4g Hotspot in your house) was in my name, I had stopped paying the bill and would be able to document I was out of the state?

Are you asking that under those exact circumstances a person was proven to be criminally liable for illegally downloaded material? I don't know. No one, including an attorney skilled in IP law would or could know. It sounds to me like you're guilty, but have some theory of how you could wiggle out of a criminal or civil indictment.

The real question is, if criminal, can you convince one person? If Civil, six people? (If the civil jury is 12 in your case. Of course, in both cases if a judge is the fact finder you just have to convince him.) If so, you're golden. If not, not.

 

[quincy]

If the account was under your name, any tracking done of the illegal download will be to your account and, should there be a subpoena issued by the copyright holder to your ISP, it will be your account information that will be disclosed. If there is a copyright infringement suit filed or a notice of copyright infringement sent with a settlement demand for X amount of dollars, it will come to you, the account holder.

Having a defense to the infringement is all well and good but it will ultimately be up to a court to decide if your defense flies.

What could happen, should you receive a notice of infringement and should you decide not to pay a demanded settlement amount, is that the copyright holder could decide to pursue the matter in court and, as a part of discovery, the copyright holder could request that your computer be examined by a computer forensic expert. The expert will be able to gather, more than likely, evidence of all illegal downloads, even if you have "cleaned" your computer. Fragments of the downloaded movie will remain, evidence enough to support a claim of infringement. Even though your own illegal music downloads will not be relevant to a suit filed by the movie copyright holder, the fact that you illegally downloaded copyright material can be used against you in another suit, should one be filed by the music copyright holders.

Rights holders have three years from the date of discovery of the infringement to file suit.

I suggest, as I did in one of your other threads, that you consult with an attorney in your area. You may have legitimate complaints against your former roommate, but you are in a tricky position in that you are guilty of infringement, as well, and you provided him with drugs, etc. If you decide to take any action against your roommate, your own illegal activities may be revealed.

There are pros and cons to balance here, beardie13.

Good luck.

 

[beardie13]

...a real answer...

Quincy, thank you for a real answer. These people did me wrong and are glib about it; when as I've explained in other threads, I was accommodating, trusting, and helpful to them. I came here to get legal advice, and have run into more opinions about my own character than I have legal opinions. I will not be pursuing this avenue of retaliation (yes, I know retaliation is petty, but I've been a doormat to people for too long). I will merely be deleting the pirated material they downloaded and forgetting about it (unless a highly unlikely copyright infringement case is opened against me over it). Thank you everyone who provided information related to the legality of the matter.

 

[swalsh411]

Forget about getting this person thrown in prison for downloading a movie. Never. Going. To. Happen. Get it out of your head completely. At best, you could report them to the copyright holder who may choose to sue them. This is a civil issue not a criminal one.

 

[quincy]

I don't think anyone mentioned prison as a possibility for the roommate over the single movie download, swalsh.

A criminal action could potentially be possible, or at least could have been potentially possible for beardie13, depending on how long ago he downloaded the copyrighted music and software, and how much music and software he illegally downloaded, and if he distributed the infringed material widely to others. . . but as to the roommate's single movie download? Naw. The federal government would have no interest in that.

 

[LeeHarveyBlotto]

Get rid of any remaining illegal download, password protect your computer, get over the unhealthy concept of revenge, and go forth and sin no more.

 

[beardie13]

Thank you everyone for the REAL legal advice...

This thread regarding my roommates is the only one I've received nothing but legal advice in. Thank y'all for that. The things I had downloaded in the past (don't anymore, bad Karma) were never distributed. So, my question is answered, and this thread can be closed. I know my quest for revenge in this manner seems absurd, but these people took advantage of me at every turn, and the last time I left (besides when I came to move out), my roommate refused to take me to the bus station, even though playing Skyrim was all he had to do, I always paid for his gas, and he had caused me to miss a bus a day or two prior due to making me ride in the back and not asking about an interstate split till we were at it (he chose the wrong one, I lost the money spent on my bus ticket, and still paid for his gas). When I told him I had to get back for probation, his reply was, "I don't give a damn if you miss probation and go to jail!" I had discounted his first month's rent to help him get established, covered him on several occasions when he couldn't afford bills, and talked out former employer out of firing him multiple times. All of this, him screwing me on utilities, letting people come take my stuff, breaking my stuff, and using my computer (moving files around, not just downloading LOTR) have pushed me to my breaking point. I'm sick of being a doormat, and so I was looking for a way to screw him like he screwed me. I know revenge is never justified... Karma will take care of it... but I wanted to explain there is more to this than just, "Wah, he used my computer." LOTR was uninstalled yesterday. Is this enough, or do I need to like format my hard rive or some mess?

Peace
~f.xy

 

[quincy]

You can lock your own thread, beardie13. I agree with you that it is probably time to do that.

Short of destroying your hard drive, there is no good way to eliminate all traces of the illegal downloads. In addition, a computer forensic expert will be able to tell if you have messed with your computer and any indication that your computer has been wiped can also be used against you in any infringement action.

That said, I think the odds of any action being filed against you are probably slim at this point. Worry about an infringement suit, and consult with an attorney in your area, if you are notified of a suit in the future. For now I suggest that you just move on and, as LeeHarveyBlotto advised, "sin no more."

Good luck to you.