help needed - prosecution letter - UK

[DMT]

A filipino friend at work told me about a worrying letter he received yesterday. Apparently it was from a solicitor demanding £300 for downloading one mp3 via bit torrent. The track in question is Cascada - Pyromania

£300 for one mp3!!!!! And the cost will increase if not paid!

I've heard about cease and desist letters in the UK but never heard about individuals being sued directly from the record label!

I believe the track was leaked in High quality before it's release, which could account for the record company's attack on people sharing this

He said he uses Utorrent for downloading and BTJunkie for searching files

So what should he do? Should he pay the fine? I cant find much info on wether this is real or a scam to give him advice!

:cry:

[bluju]

If he pays them, he's the biggest sucker in the universe

[Quarterquack]

If he pays them, he's the biggest sucker in the universe

You're right. Hold off on the payment see where it goes. If he pays, he admits the piracy, if he fights back the fine would increase shyly, but it would be worth it never being held against him for the rest of his life.

He would be stupid admitting guilt based on one letter. Have his lawyer investigate the method of investigation, the underlying laws, the methods of contact etc. Chances are, every legal case in the system has one hiccup, you find that, you're off and can't be prosecuted for it again. Ask OJ.

[ninja666]

What proof did they have that it was really him that had dl that mp3?
How did they get his Ip from the Isp?

[susiserken]

That serves him for downloading a shitty track :P

[anon]

He said he uses Utorrent for downloading and BTJunkie for searching files

Shouldn't have used public trackers. :noes:

Tell him what ringhunter posted and make him use Grooveshark ripping for single tracks - streaming should be legal, and they have no means of knowing whether you've downloaded the streamed tracks to your hard drive.

[mrnobody]

never download unreleased materials from public trackers. infact, don't download them at all.

as per the case, get a hold of lawyer?

[lysine]

read:
http://arstechnica.com/tech-policy/news/2010/06/straightforward-legal-blackmail-a-tale-of-p2p-lawyering.ars
http://torrentfreak.com/law-firm-asks-alleged-file-sharers-to-incriminate-themselves-100526/

google davenport lyons and acs:law.

[o__O]

A letter from a lawyer does not mean he has been sued. The amount demanded in the letter is not a fine, but what the right's holder would accept in settlement and in lieu of their bringing a court action.

He can ignore the letters until he gets served with a summons to appear in court. Once an actual action is commenced, then he should definitely seek legal advice in real life. But until then, tell your friend not to allow a law firm to avoid the costs of litigation by sending threatening letters to compel him to pay anything voluntarily.

They will probably not sue, because it would cost a few hundred quid for a solicitor to even show up in court, outweighing the benefits.

[ghurka]

This is a fishing exercise. They will have no intention of going to court. All he has to do is deny that he has ever downloaded anything illegally and say that he shares the wifi connection with 10 other people....they don't know it's a load of bollocks.

[darkstate01]

I agree, the oldest trick in the book.
Does the letter use his/her real name?
Ip address,time,date it was downloaded,Check the law firm really exists,Ring them or the law society.
Use common sense if all else fails just because phishing is a nice money maker, and the subject of p2p/bit torrent file sharing is in the news a lot recently and these leeches and willing to try anything to make a fast buck.
If it is a real letter,good luck.

[ExtraDry]

Blame a unsecured router one of the neighbors must have done it , tell them it had now be secured by a technician.This is the last you will hear of it unwise you sue the him for defamation.
Then for fook sake only download from small private trackers

[DMT]

read:
http://arstechnica.com/tech-policy/news/2010/06/straightforward-legal-blackmail-a-tale-of-p2p-lawyering.ars
http://torrentfreak.com/law-firm-asks-alleged-file-sharers-to-incriminate-themselves-100526/

google davenport lyons and acs:law.


thanks for these links, very useful info

And thanks for the advice everyone, much appreciated. I'm going to tell him not to bother sending any cash and just to deny anything, looks like there is very little chance that he will be taken to court!

[Slickerey]

What they said. Just follow all the advice everybody on this forum has given you and you'll be fine (hopefully).