Need urgent Legal advice!!!

[nostalgia]

I've already sent the letter and a copy of my site to a lawyer and also printed out everything I think is needed. Even e-mails and will do so the whole procedure.
Thnx till now everybody.

[Peerzy]

Since you didn't host the file yourself, you've done nothing wrong. That being the case it seems to me they are saying "Give us 2500 Euros or else..." for no good reason.

That is illegal, in UK it may be called "demanding money with menaces" or it could simply be fraud. I'm sure there is probably a similar Dutch or European law. Maybe you should take the letter to the police and ask them to take action.

In fact, you have a claim against them, for the damage they have caused to your website by making false claims to your hoster.

He's still directly linking to the file. It doesnt matter if he was hosting it or not, people went to his site and clicked download and it downloaded. Thats like him linking to child porn pictures, he's offering illigal content.

Not that im on Sharman side just pointing it out. How much is 2500 euro's in pounds? Does your wife/parents know the situation? Alot of the time people say "Im not giving in theres no way they can win" and they do infact end up winning because a defence is based on legal advice from people who shouldnt be giving it (us).

[Entity101]

Deeplinking has been proven legal in various Dutch court cases

[Peerzy]

Deeplinking has been proven legal in various Dutch court cases

Any links? Seems rather wierd that you can link to illigal files but not host them. It offers the same results for the end user, they still get the files.

[Mïcrösöül°V³]

its like giving directions to a certain place that offers a product. How can you be held liable for simply pointing someone to a product? I still think you should ball that letter up, and go find the fucker that sent it to you, and shove it down his fucking throat....................i wish i would get a letter like that, cuz i would go jail for the things i would do to the asshole that sent it. as far as them asking for money, tell them to fuck off. this sounds more like a scam the more i read this thread. think about it.......someone is fucking with you..........you are a small nobody (no insult intended) when there are way bigger sites on the net that offer the same shit.............sounds like one big pile of shit to me. Go out of your way to tell them to suck your ass.

yes, im in a bit of a mood tonite, and would love to call those fuckin idiots and tell them what a whore their mothers are.
*edit* once i get my site back online, i will make sure to add a section that completely trashes Kazaa KMD and we'll see how far it goes if they fuck with me. Its not like I would be lying, cuz everyone knows what a big peice of shit KMD is/was. I would love to have good ole mail/phone fight.

[Arm]

Since you didn't host the file yourself, you've done nothing wrong. That being the case it seems to me they are saying "Give us 2500 Euros or else..." for no good reason.

That is illegal, in UK it may be called "demanding money with menaces" or it could simply be fraud. I'm sure there is probably a similar Dutch or European law. Maybe you should take the letter to the police and ask them to take action.

I believe thats called racketeering here in the 'states. Like what the RIAA does to mp3 traders.

[Storm]

Deeplinking has been proven legal in various Dutch court cases

do you have case numbers??

as that would really help (just tell their lawyers, "fuck you, based on case numbers xxxxxxxxx and xxxxxxxxx you're full of shit"*






*NEVER say that, always be polite, a judge might not agree with your tone of voice, and while it prolly wont really hurt you, dont take any chance (unless you can afford a good lawyer of course )

[RealitY]

Sounds like its just a new and easy way to generate revenue really...

[Arm]

Ill love to hear the reply Nostalgia and Sharmans lawyers give.

[nostalgia]

Update.

You won't believe it, but I talked to three lawyers and one of them didn't even bother to phone or e-mail back, the other one wasn't to sure about this kind of situations and the third one I made an appointment for upcoming wednesday (they were too busy to squeeze me in).

So I decided to write a letter myself. In short: In this letter I've tried to explain the real purpose of my website (info about filesharing software and their add-ins like spyware/adware) and the fact that I have never distributed klite in anyway. My site only contained hyperlinks.
I also said that if what they said was correct about the trademark and so on, I would be willing to stop linking to software which was illegal due to the mentioned laws in the Benelux and would acknowledge the fact that they are the sole owner of the software. I also said that I was really stunned with the fact that nobody ever even bothered to warn me or even summom me to remove the link and info cause it would be illegal.
Furthermore I promised to withhold any links to the mentioned software for now and in the future, but wasn't willing to pay anything cause in my opinion the letter I received didn't hold any ground to claim any amount for any so called loss of income.

Of course there was a lot more in my letter but I can't really translate it into proper English.

Today I received the answer and they concur with my statement and would not take any action against me as long as I will stick to my statement concerning not to link, distribute, produce any software that would breach laws protecting the trademark and authorlaw concerning their software.

Case closed.

Guys and women,
I would like to thank you all for all your comments and some rather good advice you gave me! I can tell you this, that is wasn't the most enjoyable week for my family and me. Even my wife and kids felt the tension of this one, and that is something I will not put them through again. Sorry to say but any program using the fastrcknetwork isn't worth all that.

Once again thanks!