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Re: [tor-talk] Legal problems: TOR relay & Torrents in .de

On 2/16/2013 6:44 AM, Nick Sheppard wrote:
On 04/02/13 12:33, Hendrik Neumann wrote:

I've been running an exit node from my home network for ca. a year or
so. Now I've receviced mail from 21st Century Fox's lawyers in Germany
accusing me of torrenting a movie. Since all I offer via Torrent are
some old PC-BSD-ISOs and "House on Haunted Hill", I'm pretty sure it
must have been a user from the TOR network.

Hi Hendrik,
Second, this immediate demand for money. In my experience, real lawyers work much more slowly than this (after all, they can charge for every letter they write). First one or two demands that you stop what you're doing, then a threat of eventual legal action, and so on. If they want to build a case against you that will stand up in court, they would usually have to show that you were given fair warning, and then wilfully and knowingly persisted in your evil-doing for a substantial time.
Nick, you could be right about a scam - at least warrants some consideration. But in many countries, if one breaks an actual LAW, there's no *requirement* for anyone to give the accused any "warning" or Cease & Desist Letter, before filing civil or criminal charges. In civil law issues, they MIGHT give a warning (like to take down copyrighted material from a website), but they certainly wouldn't be required to, if they can prove you broke laws & if the damages allowed by local law / courts for a given offense, make it worthwhile to file a law suit. If it's legit, they either have enough evidence or they don't.
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