Surely the clue is in the name "copyright troll". Has anyone got any evidence of them taking anybody to court and actually winning?
It may well be from another site I don't know. They cannot prosecute me for someone else using my connection and possibly getting this film which is apparently The Company You Keep (I have never seen it). The internet connection is not my responsibility as anyone can hack it and I would have no way of stopping them, access through smart phone tablets etc it's impossible to monitor. My only concern or question is do I respond at all to the future letter?
Its definitely not from the site we both use. Its a private site where service providers can see you're downloading but no idea what you're actually downloading, it could be anything such as images or personal videos etc. The person at work I mention is in her sixties but she had to pay for someone using her internet to access chargeable porn sites! Your internet is your responsibility unless you can prove otherwise.
Not according to the law. The internet is a utility. You're not reponsible for murder if someone uses the water from your taps to drown someone. They need to prove you did the drowning not that you paid the bill for the water. http://www.adviceguide.org.uk/wales..._accused_of_online_copyright_infringement.htm Are you personally responsible for the copyright infringement? The copyright owner can only take action against the person who actually committed the infringement and that may not be you. However, your internet service provider can only hand over the details of the account subscriber, which is why you've received the letter. The copyright infringement could have happened because: another member of your household has also used the computer or other internet-enabled device, such as a smart phone or tablet someone has used your internet account because it is not secure a technical mistake has occurred and your internet service provider has identified the wrong account. If you're not sure why you've received the letter, you'll need to check whether any of these things could have happened before you respond to the copyright owner. Remember, it's up to the copyright owner to prove who has committed the infringement, but you must respond to the letter, even if you're not personally responsible.
You should respond but follow the advice here and not accept responsibility: http://www.adviceguide.org.uk/wales..._accused_of_online_copyright_infringement.htm
Re; compensation... Since the service provider can see what you've downloaded (otherwise they have no case), will the compensation be how much it would have cost to buy all named titles...? If so, they could get expensive!!!
It's regarding that one film and Sky will not and cannot give them any other details, all this company has is that my IP address shared The Company You Keep. How that happened I don't know as I haven't seen it and I don't think it's one that anyone else here would have watched.
Oh right, didn't realise we were talking about just one film. In that case, its not going to be a massive amount anyway. My advise is stick to the site we both use in the future
That company own the copyright to a number of different films. They'll issue standard letters claiming compo and then look to prosecute one or two unlucky sods to provide a test case aiming to create fear amongst the other 'accused' in order to get them to cough for much smaller amounts. it's ironic that Sky are the service provider handing over the details here, as this could provide a very timely model for them to seek to do exactly the same thing i.e. target the end users - to seek to combat football piracy here in the UK................................#ontopic
Are you sure about that? What if the account is hacked or someone else staying at your place uses it? How can you "prove" you didn't do something? In most proceedings the onus is on the plaintiff to provide the evidence. Unless you're the FA, of course. I suppose there could be something in the small print of your agreement somewhere that states that the account holder accepts responsibility for all usage, but that seems grossly unfair and could easily be challenged. As Tobes says, they'll probably bring a couple of sample cases to court and hope to get a result and thereby bully others into coughing up. Btw, what is this mysterious site you keep talking about?
BTW, its only if you downloaded the film The Company You Keep by Robert Redford or any other intellectual Property owned by Voltage pictures (whom TCYK LLC are working on behalf of.) I am certain I have not touched any of that **** anyway, not that my torrent tracker would ever be compromised anyway.
Correct. Its in the small print so it is down to the individual to prove otherwise. Of course, this is slightly different to Luv's case though. The case i was referring to was the internet provider issuing a large bill that was incurred using that internet service. In Luv's case, the company looking for compensation is nothing to do with the service provider so I think Astro could be right in that it is up to them to prove an individual guilty.
Have seen a few of them actually now I look, but only downloaded 1, Dallas Buyers Club. Did you download any of them from a public tracker? I use a private one so it is more or less untraceable.
No idea, that's the key to all this I have no idea as to who downloads what here. We have family and friends over and they all use the wifi.
It's your access so it's up to you to ensure that it's secure. If it's secure i.e. got a password, then anyone using it is doing so with your permission, so you're guilty by default. A defence based on some random 3rd party having accessed your account without your knowledge and consent, who then carried out the offence would be up to you to prove, not vice versa imo.
Some ****ty collections company is not going to be able to make you liable anyway, your contract of liability is with your ISP, not with ****nuts incorporated. They will have to prove you downloaded the offending item, which they wont be able to because the only proof they will have is an IP address, which are easily cloned, plus people can remote hack your wifi and connect to the net from it. All I would suggest, is if you have received one of these letters, delete any Voltage Pictures stuff off your HD immediately and tell them to go **** themselves. They haven't won a single court case yet so I wouldnt worry.
Doesnt matter about liability anyway, an IP address is not proof enough to win a court case, there are a thousand examples of it failing worldwide. Its like saying if I clone your license plate on your car and do a hit and run, you are liable because its your plate reg no.
