I initially received a desist letter from my ISP and a was asked to pay 996,07 as fees and this is the response of the lawyer. Is this final ?

by widowmaker_1000

17 comments

  4. No, the lawyer apparently doesn’t know the law very well. You only have to prove it wasn’t you, not that no one in your apartment could’ve done it. Contact a lawyer specialized in these cases, e.g. WBS law.

  5. This is a final recommendation, yes.

    If, however you have not torrented anything, you are free to let whoever this may be, sue you and fight your case in court.

  7. WOW – They’re still getting away with this entrapment scam?

  11. First of all, don’t torrent. Second of all these are mostly scare tactics. The cost to undeniably prove you and you alone were torrenting is just too high for it being worth the hassle. Do not sign anything. Get a competent lawyer.

  12. Back in my torrenting days I got one from astragon, we used to call those “Liebesbrief” as one didn’t necessarily have to take them seriously.

    I think of all the games I torrented far and wide it was funny that I got caught for Farming Sim in the end.

    My mum almost got sick with worry but after some research I decided on ignoring it and nothing ever came again.

    Obviously it might be different nowadays and your mileage may vary but I would take the risk and ignore it

  13. dude u didnt explain anything, is this lawyer ? or a scammer? lawyers send email usually or you get a letter

  14. rule of a thumb torrenting and downloading pirated software in Germany: get VPN.

  16. The rights holder has to prove who is actually responsible for the violations (assuming there is more than one person living in that household). It’s not up to you to prove it wasn’t you.

    This was different a few years ago when there was the “Störerhaftung”. But that law got canned.

    So assuming you live together with at least one other person you simply state it wasn’t you but you can’t vouch for other people that might have used your internet. Children below the age of 14 cannot be hold accountable- so that would be the easiest way out. For kids below the age of 18 you have to have warned them about the possibility of “illegal downloads/uploads” – pretty much basic parenting (like warning them about shoplifting). Pretty sure if that was the case you had that talk, right?😉 For any adult no such talk is necessary.

    You don’t have to play detective to find out who in your household was responsible – that’s up to the rights holder. You have to inform them though who else (apart from you) had the opportunity to use your internet (as far as you know).

    If you happen to live alone and never have friends over that might have used your internet you are pretty much out of luck though.

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