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Being SUED for DOWNLOADING / UPLOADING

Discussion in 'BlackHat Lounge' started by spookers, Jun 23, 2010.

  1. spookers

    spookers Newbie

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    Hi folks!

    I'm living in the Vaterland (Germany) and just got a detailed letter telling me I'm having my skinny ass sued for downloading/ uploading movies.

    The name of the solicitors is Waldorf - Anybody else had this pleasure?

    I welcome your comments :D
     
  2. shannonbir

    shannonbir Newbie

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    Blame it on your router, that it was hacked, and was not secure.. and mention now that you have installed antivirus software, been there before.. and got a caution
     
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  3. chaitu9916

    chaitu9916 Registered Member

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    that make one more of you ....lucky me im in a country where there is no need to pay money etc since these cases arnt taken that seriously
     
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    Last edited: Jun 23, 2010
  4. Knoxgates

    Knoxgates Supreme Member

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    He is not getting sued for spamming but for downloading/uploading. The above statement can be said if ISP complains about spamming.
     
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  5. Jared255

    Jared255 Jr. Executive VIP Jr. VIP Premium Member

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    Seems like you could use that excuse for both... would just work better if caught for spamming.
     
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  6. daowns

    daowns Newbie

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    NEVER upload on a public or nonsecure tracker. You can only get in legal trouble for sharing copyrighted media, never for downloading it.
     
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  7. spookers

    spookers Newbie

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    @ daowns - Yes, but torrents are automatically seeded, and therefore being uploaded.
    And German law stipulates that the connection must be secure.
     
  8. daowns

    daowns Newbie

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    Turn off uploading on your client. And implement an IP filter as well.
     
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  9. darshan1994

    darshan1994 BANNED BANNED

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    Instead of torrenting, download from file sharing site. Less chance of being caught as file sharing pretty much remove the movie asap and thus police/law enforcement would think the upload is dead and the company won't sue.
    I know this won't solve your problem but this is a tip to other people who might be doing same thing as you.
    And in your place, say you was hacked by Remote Administration Tool and the "hacker" had some backdoor to your computer and was seeding his own upload.

    (People do this quite often where you download virus software and they keep it seeding so they can get control of many people)

    It can be a sweet excuse to save your "skinny ass"
     
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  10. spookers

    spookers Newbie

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    @ darshan - Great! thank you! that sounds like a good answer. Lets see what the Germans have to say about it.
     
  11. cnick79

    cnick79 Jr. VIP Jr. VIP

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    Do away with crappy slow ass torrents and go with Newsgroups.
     
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  12. thebug

    thebug Newbie

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    @cnick79 - Any good ones around now that newzbin is gone?
     
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  13. cnick79

    cnick79 Jr. VIP Jr. VIP

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    nzbmatrix is the one I use. merlins portal isn't bad either.
     
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  14. spookers

    spookers Newbie

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    an extra comment to this... After getting this solicitors letter I've been looking online for everything to do with this solicitors firm. They're called WALDORF, in Munich. Apparently I'm not the only one who's been written to. And the comments are varied.
    Unfortunately, like so many other things in life, this too has to do with money. After reading about their tactics, they deserve to have an honorary place on the BHF. What happens is the following...
    Waldorf (presumably computer technicians working for them) get IP addresses, possibly by phishing and when they detect that a movie or music, or in fact anything copywrited in the entertainment industry (in my case it was apparently a movie, which oddly enough I don't remember ever seeing) has been downloaded (and through seeding, uploaded - I mean you can't always remember to turn off seeding) they then write to the district Attorney to get their permission to get details about the connection from the ISP (connection, time stamp, duration etc etc). By German law they can only demand this information apparently when theres suspicion of any wrongdoing. And the ISP is obliged to hand out the information.
    Waldorf then sends the user (me) an invoice. In my case they're saying that the value of the damages is about $15,000 - but that they'll settle for $1,500 - which is after all only a tenth of the original - so you could nearly call that a good deal.This is payable within 14 days !
    When you look for Waldorf, Munich on a SE, on the landing page there are numerous solicitors firms offering "dependable" and "effective" help, should you have been written to by Waldorf. There is of course good argument to suggest that these are in fact working for Waldorf. But it cant be proven - yet. Point is, these "helpful" solicitors appeal the charges. but do so in such a way that the procedings are lengthened - often incurring 2 or 3 additional trials - all of which costs a lot of money, and which often ends in a settlement etc etc. Waldorf goes to a lot of effort to gather information, write etc. but out of 1000 people, if even 10% pay up (and from what I've been reading, the Germans seem to want to pay up) these solicitors are making a small fortune. Besides, theres no apparent proof that they have contracts with the companies they claim to represent.
    Last of all - being a German registered solicitors, they have specialised in German copywrited material. Its therefore possible that such material is being offered for free download by Waldorf themselves. So, German users beware!
     
  15. wannabie

    wannabie Elite Member

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    I dont think that they can upload copyrighted content in the hope that you download it, then sue................. That's entrapment
     
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  16. HoNeYBiRD

    HoNeYBiRD Jr. VIP Jr. VIP

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    wtf is happening in Europe?! not too long ago the software police of my country confiscated the biggest Hungarian private tracker with hundreds of thousands users, the users are safe tho, the server didn't store any IPs and it was enycrypted with some serious shit (they claimed to confiscate 50! servers total in the razzia)

    but what will we do know, if we can't feel ourselves safe neither in Eastern Europe anymore and we can't download our daily dose of free content? :)

    it seems to be a good idea to learn cyrillic now and register on Russian torrent sites (rutr4cker.0rg rulz :)), they still don't give a shit about copyright & stuff and also buy a fast VPN....middle finger throwin up to the soft cops
     
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  17. khanhdum

    khanhdum Regular Member Premium Member

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    binsearch.info
     
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  18. w84it

    w84it Regular Member

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    rapidshare/warez ftw :D
     
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  19. limbe

    limbe Newbie

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    Spookers,

    Did you end up paying the fine?
    I live in Germany and I'm in the same situation!
    I just got a fine of 956 euros.
     
  20. unknownn

    unknownn BANNED BANNED

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    go to your lawyer.Send a letter and ask what their damage is as these people are not working legal but with your fear