Copyright Settlement of $200 before lawsuit?

[Zigner]

...as far as I know, it is far from illegal.

And THAT is the crux of your problem. Because, if you haven't been granted specific permission to do that, then it IS illegal.

 

[quincy]

I agree with Zigner.

Joe, it is true that the laws/statutes are not all that there is. That is why I often provide case law to show how these laws/statutes are being interpreted and applied by the courts.

Right now, the courts are saying that the download of movies in these mass-defendant John Doe cases is an infringement on copyright holders' rights. It is not ME saying all of this because it is my "opinion" that it is illegal. It is me REPEATING what the courts have ruled, what the court Opinions have been and are to date. These decisions that I cite will often include the Opinions of the Supreme Court.

Can the copyright holders go after the illegal distributors of copyrighted material? Sure. They do. Check out the Zuffa/UFC suits. But those who illegally download copyrighted material are legitimate targets of copyright holders, as well, because they are also guilty of infringement.

It is comparable in some ways to law enforcement efforts in illegal drug sales - those who purchase and use illegal drugs can be arrested and charged and convicted for possession and use, and so can the individuals who are making these illegal drugs available for sale. The penalties are generally more severe for the distributors than for the users, in both my drug example and with copyright infringement.

But to say that because everyone is doing it somehow makes the infringement legal and excused? I don't buy that argument at all. This "everyone is doing it" argument has never worked for me as a parent, and it doesn't work for me when it comes to the law. And, more importantly, it doesn't work very well as a defense in court.

You are certainly free in court to use as many defenses to your copyright infringement as you find available to use, including the "everyone does it" defense. I do not hold out high hopes for you with this defense. It alone will not change the law and courts operate within the confines of the law (generally).

I seriously suggest that you work within the law to get the laws that you find are unfair changed, instead of disobeying the laws in protest over their unfairness.

I also recommend you consult with an attorney in your area for further advice and direction.

 

[catwoman71]

PLEASE HELP- child illegally downloaded movie

I just found out that my minor son (16 yr old) used torrent software to download an innapropriate movie. He is a very bright kid, straight A student, but here he screwed up. He said that some guys at school told him about the software, so he wanted to try it - only he didn't think anything about copyrights. He feels awful about what he did and since deleted the file and the software. Besides having to punish my son for this terrible choice he made - I now have to worry about legal action. I got a letter from the copyright holder through my internet service provider stating what happened and that we can "settle" with them for a $200 fee. My husband and I had no idea that our son had done this and definitely did not give him permission to use our computer in that way. However, my husband would like to go ahead and pay the settlement fee and have this go away. My concern is that paying the settlement fee won't be all there is to it. The person I spoke with at my internet service provider told me that sometimes even when you settle, they still go after people for more. Is that legal? How should we proceed? We want to do the right thing, I'm just really worried about the fact that this may be an irreputable company and that they will try to monkey around with us even after settling. Please offer any guidance. Forgot to mention, we live in Illinois - if that matters. Thank you.

 

[quincy]

catwoman71, you have tacked your question on to a very old thread. Reviving old threads is frowned upon on this site. Could you please start your own thread with your questions? It would be appreciated. Your questions will be answered then.

Thanks.



As an aside, I noticed that this particular thread has been reviewed by several different people in recent days. . . .I was sort of wondering when it would resurface.

 

[Willlyjo]

I just found out that my minor son (16 yr old) used torrent software to download an innapropriate movie. He is a very bright kid, straight A student, but here he screwed up. He said that some guys at school told him about the software, so he wanted to try it - only he didn't think anything about copyrights. He feels awful about what he did and since deleted the file and the software. Besides having to punish my son for this terrible choice he made - I now have to worry about legal action. I got a letter from the copyright holder through my internet service provider stating what happened and that we can "settle" with them for a $200 fee. My husband and I had no idea that our son had done this and definitely did not give him permission to use our computer in that way. However, my husband would like to go ahead and pay the settlement fee and have this go away. My concern is that paying the settlement fee won't be all there is to it. The person I spoke with at my internet service provider told me that sometimes even when you settle, they still go after people for more. Is that legal? How should we proceed? We want to do the right thing, I'm just really worried about the fact that this may be an irreputable company and that they will try to monkey around with us even after settling. Please offer any guidance. Forgot to mention, we live in Illinois - if that matters. Thank you.

Catwoman: As Quincy has said, this is an old thread, however, "Joe" has pointed out some very good information that suggests many letters threatening legal action unless you pay, are simply coming from con artists attempting to make an illicit buck. I like the idea of waiting until such threats of litigation are proven to have merit before unneccessarily sending any amounts per their request. However, this is my opinion and you'll have to decide for yourself which is the best course for you to take. Good luck!

 

[quincy]

Willly, you SHOULD KNOW BETTER than to tack information on to an old thread - even though I know exactly why you did it. I was expecting you.

catwoman, please start your own thread and DO NOT RESPOND HERE. Thanks.

 

[Antigone*]

Willly, you SHOULD KNOW BETTER than to tack information on to an old thread - even though I know exactly why you did it. I was expecting you.

catwoman, please start your own thread and DO NOT RESPOND HERE.

It's all about the FAVI

 

[quincy]

Willly has been reported once again.

Perhaps FA will take the same steps other forums have taken and ban him. His continued posting of incorrect information and his continued spouting of uninformed, uneducated opinions is getting more than tiresome.

And the reviving of old threads by Willly and his friends is just plain annoying.

 

[catwoman71]

how do I post a new thread?

I am very sorry - I did intend on starting a new post, but can't figure out how to do it. I'm a first-time user of this website (obviously) and just don't see how to do it. I thought it would be an option under "New Posts" but all that does is show me a list of existing new posts. Any suggestions? Thank you.

catwoman71, you have tacked your question on to a very old thread. Reviving old threads is frowned upon on this site. Could you please start your own thread with your questions? It would be appreciated. Your questions will be answered then.

Thanks.



As an aside, I noticed that this particular thread has been reviewed by several different people in recent days. . . .I was sort of wondering when it would resurface.

 

[quincy]

I am very sorry - I did intend on starting a new post, but can't figure out how to do it. I'm a first-time user of this website (obviously) and just don't see how to do it. I thought it would be an option under "New Posts" but all that does is show me a list of existing new posts. Any suggestions? Thank you.

Right above the block of threads where this thread appears, there are words that say "+Post New Threads." Click that. Then post your new thread.

Look around a bit. I'm sure you'll find it.

 

[TheGeekess]

I am very sorry - I did intend on starting a new post, but can't figure out how to do it. I'm a first-time user of this website (obviously) and just don't see how to do it. I thought it would be an option under "New Posts" but all that does is show me a list of existing new posts. Any suggestions? Thank you.

Go to the section you want to post in. At the top of the section, there's a button that says "Post New Thread".

 

[Just Blue]

Everyone should review Willly's posting history.

He has once again been reported.

Make that "twice".