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WTA: Torrent-ing in Germany
SirSkyRider:
--- Quote from: Bob2004 on January 06, 2013, 09:51:25 AM ---What they usually do - and now I think of it, I have a feeling this is particularly common in Germany - is they harvest several thousand IP addresses, file a request with the courts to have the personal details of all those account holders revealed, then send them all letters demanding they pay a load of money as compensation, or they'll be taken to court and sued for huge amounts.
--- End quote ---
Yes, that is a common practice – however, it occurs very rarely and in many cases, it is barely legal.
Bob2004:
--- Quote from: SirSkyRider on January 06, 2013, 10:28:35 AM ---
--- Quote from: Bob2004 on January 06, 2013, 09:51:25 AM ---What they usually do - and now I think of it, I have a feeling this is particularly common in Germany - is they harvest several thousand IP addresses, file a request with the courts to have the personal details of all those account holders revealed, then send them all letters demanding they pay a load of money as compensation, or they'll be taken to court and sued for huge amounts.
--- End quote ---
Yes, that is a common practice – however, it occurs very rarely and in many cases, it is barely legal.
--- End quote ---
Indeed. You're unlikely to have any problem with it unless you're downloading porn, or films/music from smaller studios/record labels. But I think it has actually been ruled to be legal in Germany - hence it being so prevalent there. Though I might be confusing it with something else.
SirSkyRider:
--- Quote from: Bob2004 on January 06, 2013, 10:45:55 AM ---Indeed. You're unlikely to have any problem with it unless you're downloading porn, or films/music from smaller studios/record labels. But I think it has actually been ruled to be legal in Germany - hence it being so prevalent there. Though I might be confusing it with something else.
--- End quote ---
The people that send out these letters are rarely law offices. They're mostly collection agencies (or something of the sort) – nothing official about these practices. If it were a term of legal action, an officially appointed lawyer would be involved. Plus, most of these offices demand payment via paysafecard or something similar - no law office would demand money in the first place, and especially not in such a manner.
What you should do if you come across this: Go see a lawyer and ask for a C&D letter. Do not pay and do not simply ignore it.
revo:
--- Quote from: FlyinPenguin on January 06, 2013, 04:12:15 AM ---
--- Quote from: Tiffanys on January 06, 2013, 03:37:57 AM ---
--- Quote ---2. Therefore it is legal to download unlicensed anime and related stuff.
--- End quote ---
Wrong. It's illegal.
--- End quote ---
How is it illegal if the Japanese copyright holder's don't have the material copyrighted in Germany? Is this a German law that protects copyrighted material regardless of where the copyright is held?
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So just because you don't live in japan you can have it for free ?
Lillymon:
--- Quote from: FlyinPenguin on January 06, 2013, 04:12:15 AM ---How is it illegal if the Japanese copyright holder's don't have the material copyrighted in Germany? Is this a German law that protects copyrighted material regardless of where the copyright is held?
--- End quote ---
Read up on the Berne Convention for the Protection of Literary and Artistic Works.
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