I'm being sued for downloading!!!

Originally posted by Liamoville
I'm no expert but i'm sure they can only sue the person that illegally UPLOADED the game to a P2P site, not the person that downloads it.

If it was downloaded as a torrent then the downloader is also uploading the file at the same time.

Use Rapidshare or similar sites or usenet to stay hidden better

reply to post by Liamoville


They can ask for whatever reparations they and the courts deem appropriate. They didn't track him down for free so there are addition cost just in finding the thief as well as addition legal cost, you can't take someone to court for free.

Thief: "Oh you caught me."
Big Evil Company (but they make games I like I just don't want to pay them for it): "Yeah, you weren't easy to find either."
Thief: "So how much was the game?"
Big Evil Company: "$30."
Thief: "Here you go. *hand over $30*"
Big Evil Company: "Thanks, better luck next time."
Thief: "Yeah, well you guys have a good day."
Big Evil Company: "I will. *waves and leaves*"

I think what they are asking for is quite reasonable considering how much the music industry charges people. If you think they are asking for too much and ripping off criminals, well here's an idea, maybe they shouldn't have stolen it in the first place.

Like I said at the opening of my previous post "If you can't do the time don't do the crime."

Originally posted by Stu2112
What also bothers me about the op is the fact that he has to drink large amounts of alcohol when he goes out.

I couldn't agree more, it's worrying that this is the mindset of the op, though I sympathise with his aggrophobia, if true.

My advice would be not to post matters of this nature on a forum. As mentioned by a previous poster, it is commonplace for records of internet usage of this type to be used in court.

Your admission of guilt on here might only compound your problems.

Stop downloading and pay the £515 over the longest period they will aloow.

I hope that you are able to resolve your problems wih minimum anguish.

reply to post by tyranny22


Very well put my friend!

The morality of it all is down to the individual though.

[edit on 30-7-2008 by AirSolaris]

Originally posted by Evasius
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.

Hey, I had one of those for my Amiga to remember about the 2600, as for the OP, just set your wireless network to security:none and blame your neighbours or better yet...me, I pool 15 odd "neighbour nets" for my Internet... very fast and very cheap.

reply to post by Evasius


Hi I am a lazy layabout who drinks too much. Even though I receive free money from the government, for doing nothing, I decided this was not enough and so decided to steal some games. I am capable with a computer and could get a job working with computers but why should I when I can sit around all day getting free money from all the mugs who work for a living.

reply to post by full997


Hi, I had a look at the Davenport Lyons site myself. They undoubtedly deal with the"big boys", but somehow this just seems all wrong.

These big corporate lawyers don't normally waste their time trying to claw back 500 nicker from an individual, they would pass it on to a smaller company for that.

Did you check the address and phone numbers on the website matched those on your letter?

Here's a good question for you:

Did you ever intend to publicly display, sell, or otherwise distribute the video game? If, so ... you may be in trouble. If not, they really have no case. Do not admit guilt. You've done nothing wrong.

People may want to take a look at something the EU wants to pass: Link

If nothing else, delay the court proceedings until the legislation is passed. Then, they have no case.

European Commission presented a draft of a legislation that would, in addition to the existing EUCD legislation, harmonize the European Union copyright legislation across the member states. The new proposal has already infuriated the record labels.

EC suggests tough legislation against use and download of pirated material for intentional business use or benefitting financially from copyright infringements. But the proposal would also make it perfectly legal for home users to download pirated music, videos and other intellectual property from P2P networks -- exactly how the legislation already states in various EU member countries, including Finland (the home of AfterDawn.com).

Recording industry had hoped that the proposed legislation would have made it illegal also for home users to download illegal material from the Net. In any case, sharing of the copyrighted material, even for home users, via P2P networks, web, etc would remain illegal.

Atari is going after the wrong "criminal". The crime occurred WAY before you ever downloaded the video game. It occurred when it was uploaded to the torrent from which you downloaded the game. I'm infringing upon NO ONE'S rights when I download a game. The infringement occurs when the game is DISTRIBUTED through p2p networks.

If any law is being broken regarding this letter being sent ... it's the right to personal liberties that you hold.

[edit on 30-7-2008 by tyranny22]

There are some things going on in the UK now. This might be related to you. torrentfreak.com...

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]

just tell them you did not know you were doing anything wrong. If theres stuff on the internet the there is no law that says you cannot download stuff. I never knew I thought it was free or something. new to computers sorry

First of all they cant prove anything without finding the file.

So Download a program that wipes your harddrives free space and use it.

Also I would reformatt after that.

use peerguardian.

My best advice to you would be:

First, if it was a certified letter to send a certified letter back acknowledging that you recieved there letter. State that you will fully investigate any possible illegal activities that they are warning about, but that until such a time that you have completed your investigation you are unable to comply with further demands.

Next, download software that formats and ZERO's out the hard drive. Zero it out, format again, partition it, and reinstall. Put a new network card, and make damn sure that the on board is FUBARRED, or that if its a NIC on a card that it is sledged, drilled, and set to soak in a bucket of COKE. After that get rid of the nic.

Second, Asked for detailed information about how they located you, I.E. you mentioned that your ISP gave them the information. Unless you gave your ISP permission to diciminate your information freely, then they would have needed a court order to request the information from the ISP. Second, find out in your computer whether you are on a static ip or a dynamic IP address. Ask for when the incident occurred, DAY, MONTH, YEAR, TIME.

Next, go to your ISP, ask them to provide all evidence showing all data traffic occurring to that IP address at that time, additionally, you want DHCP logs showing that the IP address had been assigned to your NIC MAC Address, and well as all revelent time stamps showing that you updated the nic mac address with the ip address. Next ask about what protections the ISP provide for MAC Spoofing, it could be entirely possible that someone else utilizing the same ISP in your neighborhood broke into your house, got your nic mac address, then spoofed it onto there computer in order to ensure it looked like you doing this. How can they disprove the ability of this happening.
Next ask for TIME STAMPED arp entries showing that one, the ip address was pingable at that time the incident occurred, 2 the IP arped back to you NIC mac address (TIME STAMPED), and 3 a arp time stamp showing your nic tied back to you dsl/cable modem . THIS IS IMPORTANT, YOU WANT TIME STAMPED PROOF SHOWING IT OCCURRED AT THE EXACT TIME AS THE CRIMINAL ACTIVITY. IF they are unable to comply with this request, then ask that they send you certified correspondance acknowledging that they were unable to provide you with this information, and/or that this information doesn't exist.

This is what you need to fight this. Once you have the letter from them stating that they can't get you that information, that it doesn't exist, no way to get it. copy it. Next send a certified letter to the attorney stating that after an exhaustive search you were unable to find and criminal activity that occurred on your premise, additionally state that you have, and attach the copy to your letter to them, a copy of a letter sent directly from your ISP ackowledging that they have none of the information that would have showed your account to be the culprit, let alone, you, sitting on your computer as the accomplice to the criminal activity. Further more state that at this time you will consider this matter closed, and that you will not accept any further harassing letters demanding that you submitt to blackmail. Additionally, state that if you recieve any further letters you will forward such letters along with this original to the police department, and ask that a restraining order be drawn against them as well as Atari.

Next, when they send another letter demanding that you pay, get an attorney and sue Atari for Defamation of character, depression, emotional distress, and what ever else your attorney would like to throw on there.


With all this above stated. I would just acknowldge it if you did it, and pay the money, otherwise you will need to have a rather large set of balls, and some luck, which at this point it appears that you have neither from your previous statements. No to degrade you, but you yourself state that you aggrophobic.

Just my 2 cents,

Camain

reply to post by full997


If you try and delete it... and they have "proof" it wont matter... if you buy the game and say you downloaded as a backup and they have "proof" they will see when you purchased it and when you downloaded it..

my advice would be to call atari but dont say what the letter specifically says.. you dont want to admit to something and get busted LOL.. but just ask if there was anything sent out to your address or name.. thats it.. and if its real im sure they will tell you more about what was in the letter.. but if they say there was nothing sent out and dont know what you're talking about.. your good

reply to post by Liamoville


Yeah, if he stole it. If he'd bought it, it'd just cost him 30 pounds, just like everyone else.

Software piracy is a crime. Not a particularly heinous crime, since it is a theft of information and not property, but a crime nonetheless. If you get caught, tough. The idea of ownership is central to our society. You could try and weasel your way out, or you could learn your lesson.

Ain't gonna stop me from doing it, though.

Originally posted by hardcoremusiclover
First of all they cant prove anything without finding the file.

So Download a program that wipes your harddrives free space and use it.

Also I would reformatt after that.

use peerguardian.

that does make sense.. but if they have some sort of replayable file that shows the file being downloaded to that IP address.. the best you could hope for is "I wasnt on the comptuer at the time" scenario...

kinda like if you steal something and dont have the evidence.. if someone saw you do it and is a witness.. not concrete but damn near depending on the witness source.. if it was some sort of program thats beyong reproach yer screwed I would think... but then again this is all off the top of my head...

someone made a good point.. if you did do it.. it is illegal.. you just had the misfortune of being caught.. then just pay and dont do it again.. buy used I guess is the best idea

Face the consequences of your own deeds!
Why do the honest people have to pay more for software because of pirates like you?

Originally posted by Willbert

Originally posted by full997
Thanks for the replies.



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]

thats a very good point my friend.. sounds like a mind game to get you to admit it kinda deal then yer toast.. listen to this man OP he's a smart dude

Originally posted by Liamoville

Originally posted by deadboi
What a cruel and unjust world this is when you can't get somethin' for nothin' eh?

So you think its fair that a billion-dollar company can charge a man on benefits £515 for a £30 game? Atari are the ones getting something for nothing.

[edit on 30/7/08 by Liamoville]

you can't be serious with this, you think it's alright to just steal a game that someone else made and is trying to make a living from? I bet you'd feel differently if you were the game designer. Quite frankly, I'm a little shocked at some of the comments in this thread, I'd assume that the upstanding ATS community would want people to be fairly paid for their work.

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!!!!

This really isn't the proper place to discuss the fact that you got caught illegally downloading copyrighted materials. My advice is to contact an attorney immediately and stop asking total strangers on the Internet what to do about it.

- David



[edit on 30-7-2008 by OpenDiscussions]

aw... again using torrents is much safer... *along with a good security grid*