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I'm being sued for downloading!!!

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posted on Jul, 30 2008 @ 06:02 AM
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This morning i recieve a letter from a law firm representing Atari informing me that i have been caught downloading a game called RACE07.
They want me to sign a document saying that i will delete all copies of the game and not download any further Atari software without express permission.
They also want me to pay £515!!!!

I am on benifits and i barely have enough to live on let alone enough to pay out £515 to a billion pound a year making software company.

So what the hell am i supposed to do, me a man with aggoraphobia caused be severe depression, who has a councilor come to where i live every two weeks and i have to see a pyschiatrist aswell.

[edit on 30-7-2008 by full997]



posted on Jul, 30 2008 @ 06:09 AM
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how did you receive the letter ?
if it was a registered letter they have you
if not put it in the wheelie bin

Stop stealing



posted on Jul, 30 2008 @ 06:09 AM
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It would be good for a start to tell us IF you DID download this game?



posted on Jul, 30 2008 @ 06:09 AM
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delete all evidence and ignore the letter untill u get another notice, where does it want the payment paid to, could it be a scam ?



posted on Jul, 30 2008 @ 06:11 AM
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Atari is still around?



posted on Jul, 30 2008 @ 06:12 AM
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Go and buy the game from the shop and then say you only downloaded it as a backup as the game you got from the shop don t work and you were not going to spend more money on another one!
Only an idea.
What isp are you with?



posted on Jul, 30 2008 @ 06:15 AM
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Originally posted by full997
So what the hell am i supposed to do


First, stop downloading games.

Buy used games. They are extremely cheap ($10-$12 most times) and will ensure the man won't put his bootz to you.

Beyond that you can either try and fight it, or possibly request a lower charge but if they have you red-handed looks like one way or another you are going to pay.

Good luck, Pirate.

- Lee


sty

posted on Jul, 30 2008 @ 06:21 AM
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yes, it could be a scam (hackers watching your downloads and creating fines like yours) . If proven not to be a scam, try to find the game and buy it (not onlyne, and buy it with cash so you cannot be traced) than you can say you actually have the game but the cd was giving an error etc . And yes, go for used games instead downloading as the Big Brother is watching us..



posted on Jul, 30 2008 @ 06:27 AM
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There are several loopholes that you can use to get around this, or at least try.

1) many files are mislabeled. You can say that you were attempting to download something about racing, like Nascar, and their game was an unfortunate accidental download. You deleted the game, and never even installed it, since it wasn't what you were looking for. It's just like downloading something, then realizing it is porn, but mislabeled to get you to download it.

2) This was labeled a "demo" version. When you saw that it was a full version, you realize that you had been duped. Then you deleted it.

3) They can't prove it was you at the computer. Your 10 year old nephew could have downloaded it. Which means they can't sue you, because they can't prove it was you that did it. It is like the photographed speeding tickets, in which they use to only photograph the license plate. People would say that others were borrowing their car. Since this couldn't be proven one way or another the tickets had to be dismissed. So, they had to start taking pics of the driver and the license plate. They can't PROVE that YOU downloaded anything.

4) You were using Limewire, and you got a virus that downloaded and uploaded files at random without your knowledge. These viruses exist, you just have to say that you did a full format and now your computer is fine. Their stupid race game was downloaded automatically by a virus, Not your fault.

5) Back when Limewire first started, there were many scammers who offered Free downloads of music and games for a price. You'd pay the fee, and they'd give you a download to Limewire, which is where they said all of the files were at for free. I joined one of these (for 10 bucks), knowing it was a scam. But, this is defense for me if I ever get a suit like you are in. I PAID for these services, lol.

I wouldn't ignore this, as they can still prosecute you, and you can lose your ability to defend yourself.

If the letter is not certified, as someone previously said, then you never received it.

It sounds like this company is just attempting to make extra profits this way, which is pretty slimy....

Good Luck



posted on Jul, 30 2008 @ 06:36 AM
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I guess i wont be ever buying any Atari games agian.

Thats a shame too, because I used to buy alot of video games back in the day.

Boycott Atari



posted on Jul, 30 2008 @ 06:40 AM
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Thanks for the replies.

The letter included all sorts of information like my isp, ip address and other information.
The letter was from a real law firm called davenportlyons (i have been to their website to check it out) and it also contained some very official looking photocopied documents from my isp (sky) and a form they want me to sign saying wont download the software again and that i will pay £515.

Many times i cannot leave my house or if i can then i have to drink a lot of alcohol very soon after leaving home.
I have little money and even cheap games are to expensive for me to afford not that i can easily leave the house ot buy them anyway.

I have emailed the law firm stating my position and medical status, i'll just have to wait and see what they say.



posted on Jul, 30 2008 @ 06:42 AM
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I haven't heard of anyone being fined for downloading games before. Only movies and music. I am curious where they are asking you to send the money. Does the address jive? Normally when someone gets busted for downloading, several people get nailed for the same download. I am not finding any other reports of people getting busted for this game.

I am wondering if you are being scammed.

I would stop downloading if I were you.



posted on Jul, 30 2008 @ 06:42 AM
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reply to post by ThreeDeuce
 


EXCELLENT ADVICE!
A star for you!

I have mentally made a note of these methods, in case I ever need them.



posted on Jul, 30 2008 @ 06:43 AM
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reply to post by full997
 


If you emailed them admitting guilt, I doubt they will have sympathy for your medical conditions. You may have just sealed your own fate there.



posted on Jul, 30 2008 @ 06:44 AM
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Originally posted by full997
This morning i recieve a letter from a law firm representing Atari informing me that i have been caught downloading a game called RACE07.
They want me to sign a document saying that i will delete all copies of the game and not download any further Atari software without express permission.
They also want me to pay £515!!!!

I am on benifits and i barely have enough to live on let alone enough to pay out £515 to a billion pound a year making software company.

So what the hell am i supposed to do, me a man with aggoraphobia caused be severe depression, who has a councilor come to where i live every two weeks and i have to see a pyschiatrist aswell.

[edit on 30-7-2008 by full997]



Easy....dont sign a goddmnd thing, consult with an atty that works with and gives advice to folks with disabilities. They generally do it for free. Reminds me of a video I saw a few days back about prosecutors and law enforcement tactics to get you to admit. Atari is a mega giant and has lost no money whatsoever. However these folks like to use their so called authority titled "the law" to intimidate folks.

Personally, I would not sign anything...even if I got summoned to appear before a magistrate. These people are absurd for approaching you like this. Screwem



posted on Jul, 30 2008 @ 06:52 AM
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I see your location is England, the advise i can give you if that the case on the money side of things and that you are on benifits is to contact your local Citizens Advice www.citizensadvice.org.uk...

They will help you, If you are on Benifits they cant make you pay upfront,

The CA team will help you leagaly and help you write letters expaining your situation,

If anything they will be able to have the cost spread over time so you are not to affected by the payment, Its worked out on how much you need to live on ect and other costs, Even if its £1 week they can pretty much sort that out for you,


I really suggest you get in contact with them ASAP and explain the situation, There really good.. I have had help in the past with freezing interest on payments that i could not sort out,



posted on Jul, 30 2008 @ 06:53 AM
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Don't panic, They have sent over 100,000 letters and had 4 victories (only because the accused didn't turn up to court) have a look here

What ISP were you allegedly on?
What Torrent engine did they allegedly say you used?



posted on Jul, 30 2008 @ 06:54 AM
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Originally posted by full997
Thanks for the replies.

The letter included all sorts of information like my isp, ip address and other information.
The letter was from a real law firm called davenportlyons (i have been to their website to check it out) and it also contained some very official looking photocopied documents from my isp (sky) and a form they want me to sign saying wont download the software again and that i will pay £515.

Many times i cannot leave my house or if i can then i have to drink a lot of alcohol very soon after leaving home.
I have little money and even cheap games are to expensive for me to afford not that i can easily leave the house ot buy them anyway.

I have emailed the law firm stating my position and medical status, i'll just have to wait and see what they say.


Its not a court order.. nor is it a fine. They are asking you to stop and pay them for their services. Don't sign the letter as it only confirms your acceptance of fault and confirmation that you will pay them money which is no a fine.

Ignore the letter.. let them take you to court.. Delete the file you downloaded and "if" they take you to court.. just inform them that the file was deleted as it was the file you were not looking for.

Law firms have this knack to play word games.. they cannot speak on behalf of the law. They can interpret it and attempt you to pay them for informing you of your mistake.. thats all this is.


[edit on 30-7-2008 by Willbert]



posted on Jul, 30 2008 @ 06:55 AM
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If I were you, I'd seriously reconsider posting this information online. Anything you place online can be used against you in court. It's very popular now for lawyers and prosecutors to submit such evidence in court. They Google too!

Best of luck with the suit, and please stop downloading for your own peace of mind..



posted on Jul, 30 2008 @ 07:21 AM
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Here's the last thing I got from Atari. I stopped playing their games over 20 years ago.



They'll do anything to keep the money rollin' in.



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