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Does anyone have experience with doing this in germany?

Thanks for any answers

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[–] ExcessShiv@lemmy.dbzer0.com 149 points 1 week ago (2 children)

Don't even need to respond, just toss the letter. You will never hear from them again. But do use a VPN when torrenting from especially Germany.

[–] dhkuq3645@lemmy.dbzer0.com 20 points 1 week ago (2 children)

was there any case where this didn't happen

[–] ExcessShiv@lemmy.dbzer0.com 87 points 1 week ago* (last edited 1 week ago) (3 children)

Not that I'm aware of.

They're fishing with a very large net. I once got a letter saying I illegally downloaded a movie I never downloaded, so their accuracy is also pretty horrible.

[–] lost_faith@lemmy.ca 24 points 1 week ago (4 children)

Canadian here, I have received these letters in the past through my ISP, once for a dl I did (yeah I raw dogged it), and 1 or 2 from the kid that lives in my house. ISP says basically "We got this letter, we need to forward it to you, we have passed on no information to the sender. Please don't get caught doing this again. Thank you". Not sure what would happen if there were hundreds of files downloaded but my ISP is a pretty good one for doing the bare legal minimum to correct users.

[–] BurntWits@sh.itjust.works 9 points 1 week ago (1 children)

Is your ISP TekSavvy by any chance?

[–] lost_faith@lemmy.ca 8 points 1 week ago (1 children)
[–] BurntWits@sh.itjust.works 5 points 1 week ago (1 children)

I love TekSavvy, they’re the only ISP I’ve used that I haven’t had completely horrible experiences with. In fact, I’ve been with them for the last ~3 years and haven’t had a single complaint yet. My parents have been with them for even longer, probably around 10 years, and same deal. No issues.

[–] lost_faith@lemmy.ca 3 points 1 week ago (1 children)

I have set people up on their systems and their tech support actually listens to your question and answers it instead of taking the meandering each and every insignificant step. I switched to them about ~8 yrs ago and my only issues with them were actually with bell doing something to my connection cause it was in the way or something.

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[–] prole@lemmy.blahaj.zone 4 points 1 week ago (4 children)

I feel like at this point even the ISPs are like "bruh just use a VPN this shit is annoying"

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[–] dhkuq3645@lemmy.dbzer0.com 6 points 1 week ago (2 children)

k thanks for ur help, tho why use a vpn when I can do that yk...

[–] ExcessShiv@lemmy.dbzer0.com 37 points 1 week ago (1 children)

Because they can and will try to compile a case on you if they can track significant amounts of upload from you. They will silently do that for years before knocking on your door.

[–] dhkuq3645@lemmy.dbzer0.com 4 points 1 week ago

oh ur right

tho does this happen in other countries aswell?

I'm from the czech republic and trying to help a friend.

from what ik in Czechia no 1 cares unless u make money off of it or ur a big fish

[–] Lowleekun@hexbear.net 12 points 1 week ago (1 children)

Number 1 rule when doing things that could get you punished: Don't be the lowest hanging fruit. VPN is not much trouble but will make you a much harder to pick target.

[–] Aceticon@lemmy.dbzer0.com 4 points 1 week ago* (last edited 1 week ago)

In several countries there are laws that let representatives of copyright holders just get from ISPs the contact information of their users on demand (I believe Germany and the UK are like that) whilst in some others there are other similars laws like the ones where the ISPs have to pass the letters from the representatives of the copyright holders to their customers (such as Canada?). In fact as far as I know these kinds of letters only exist in such countries and only since such laws were passed - without such laws it's the traditional process where a Court Order is required for such things which is way more hassle in general and thus not worth it to go after non-commercial copyright violation.

Add a VPN on the user side and suddently to track the person associated to the IP address detected sharing a specific torrent requires a Court Order (for the VPN provider to disclose that).

Use a VPN exit point in a different country and now that Court Order has to be obtained from a court in a different country from that were the user can be sued.

If in a country with extreme pro-copyright legislation like that, good luck getting enough in damages from a Court for the Copyright violation of somebody sharing a torrent for non-commercial purposes to pay for the cost of simply getting the contact of that person from their IP.

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[–] vivalapivo@lemmy.today 4 points 1 week ago (7 children)

The funny thing is that I personally use vps in Germany. Have nothing in my name

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[–] Hond@piefed.social 73 points 1 week ago* (last edited 1 week ago) (2 children)

I wouldnt admit not having a wifi password in germany. Theres the "Störerhaftung". If its your device you are responsible. Thats why germany has so few open public wifis.

But i never got a letter and looked up what to do? Probably tossing the letter into the trash is enough. Just be sure to seperate your waste properly so your neighbour doesnt sue you.

[–] zaphod@sopuli.xyz 28 points 1 week ago (1 children)

AFAIK Störerhaftung was abolished, see TMG § 8 (3).

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[–] jaybone@lemmy.zip 9 points 1 week ago (4 children)

Is the joke that German neighbors get angry over improperly separated waste / recycle?

[–] remon@ani.social 24 points 1 week ago (3 children)

Not sure what you mean by "joke". This is no laughing matter.

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[–] Hond@piefed.social 6 points 1 week ago

Yes, thats a Stackenblocken!

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[–] sit@lemmy.dbzer0.com 40 points 1 week ago

An acquaintance from Germany received one or two of these letters. They didn’t react and there has never been more.

They told me the letters had big and official, scary looking paper work.

A non-reaction seemed to be enough to fend off these unrealistic accusations, they told me.

It’s been a few years since I heard this story.

[–] Sackett@thelemmy.club 39 points 1 week ago

"Don't talk to someone who is a trained professional to handle these kinds of problems, instead talk directly to the party trying to get you into legal trouble" is the dumbest advice I can imagine.

[–] tom@jlai.lu 33 points 1 week ago

I’ve also received a letter about seeding a torrent when I was in Germany in early 2010s. I went to see a legal aid lawyer, who was almost free, and he already had a prewritten letter saying that basically I was sorry and that I should come back if I received another letter.

The first letter said that if I didn’t pay within a few days, they would start a very expensive legal procedure. About a month later, I received a reminder, so I went back to the lawyer. This time, his letter said that I wasn’t able to pay the amount and that I should come back if I received another letter.

I never received anything after that. So, based on my experience, I agree: it’s all bark and no bite.

I was in this situation once, when I was the legal contact for the internet used by me and my roommates. One of them apparently downloaded porn and I got the letter. I contacted a lawyer, paid a flat fee (meaning even if it had gone to court I wouldn't've had to pay more), he wrote one letter, saying I don't even know what a torrent is, and I never heard from them again. I felt much better having the lawyer handle it.

[–] Ice@lemmy.zip 20 points 1 week ago (3 children)

One letter = what letter?

Second letter = Maybe consider a VPN & plead ignorance.

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[–] h3ndrik@piefed.social 18 points 1 week ago* (last edited 1 week ago)

Depends. Those are just letters. First and foremost meant to scare you and do something without thinking it through. You can decide to respond, or not respond, that's up to you. Though it's strongly recommended to contact a lawyer before signing any contract with them, admitting to wrongdoing or give them information about yourself. I'd probably try to avoid (5) without legal advise.

If you toss it in the bin, they'll have to decide whether they have enough evidence and whether it's worth the effort to actually sue you. Usually that letter was an invitation to settle out of court. At their terms and conditions, though.

And yes, they're most certainly backed by the media companies. Otherwise they wouldn't have any business messing with their intellectual property. And maybe the law firm only does letters, maybe they have some number of court cases to achieve each month, who knows? Maybe they already exhausted their more promising X court cases this month and you won't hear from them again if you decide to just ignore them. Maybe you're one of the "lucky" few who get sued.

[–] Tetsuo@jlai.lu 18 points 1 week ago (1 children)

Meanwhile the AI bros are pirating every media they can get a hold on in total impunity...

But individuals get targeted by lawyers.

[–] Taleya@aussie.zone 8 points 1 week ago (1 children)

Next time tell them you're training AI

[–] Fickle_Ferret@lemmy.ml 7 points 1 week ago (1 children)

Don't actually do that. They will take that as admission of guilt.

[–] veniasilente@lemmy.dbzer0.com 5 points 1 week ago (2 children)

Tell them the AI escaped confinement but that's fine because you never told it to do that.

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[–] Taleya@aussie.zone 15 points 1 week ago* (last edited 1 week ago)

I used to work the abuse department for an isp back at the turn of the century.

While we covered our arses by emailing customers "we have received a copyright notice blah blah don't be naughty", the companies that filed the "complaint"? Got a big fat "fuck off and come back with an Australian court order"

We never released a single customer detail. Because privacy laws in Australia meant $50,000 per breach.

[–] bleustenns@lemmy.ml 14 points 1 week ago* (last edited 1 week ago) (1 children)

This is terrible advice, please just get a VPN like IVPN or Mullvad and just keep the letter somewhere*. Anyone telling you to forego a legal professional when it comes to legal issues is leading you astray.

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[–] Scrollone@feddit.it 13 points 1 week ago (1 children)

Thank God my country doesn't pursue piracy at all (unless it's related to live football matches)

[–] Damage@feddit.it 5 points 1 week ago (1 children)

Thank God idgaf about football matches

[–] D06M4@lemmy.zip 6 points 1 week ago (5 children)

In Spain sites depending on something hosted by Cloudflare go down when there's a football (soccer) match. I have no interest in that sport either, but it's impossible to check even a doctor's appointment during a football match without a VPN. Thousands of sites are affected.

[–] Scrollone@feddit.it 5 points 1 week ago (1 children)

That's seriously fucked up. We had the same problem in Italy, but luckily Cloudflare fought back and I think that some companies sued the company that decides the blocks

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[–] Fleppensteijn@sh.itjust.works 8 points 1 week ago

The family I stayed at got a letter after I visited and had my torrent client on (it always started on boot). A lawyer sent one letter, costing 300 euros and we never heard from it again. Though, I think there was an update on laws against these practices

[–] Tabitha@hexbear.net 7 points 1 week ago

I have no idea what letter they sent and I have no understanding of the legal context, but I would just ignore the letter and starting using a VPN or another alternative.

[–] recarsion@discuss.tchncs.de 7 points 1 week ago (3 children)

You should just use a VPN in the first place and then none of this is a problem.

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[–] Muehe@lemmy.ml 6 points 1 week ago (2 children)

From my totally uninformed non-lawyer knowledge: It's more or less safe to ignore random letters from German lawyers until they are forwarded to you by a German court (usually in a yellow(?) envelope).

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[–] tempest@lemmy.ca 5 points 1 week ago* (last edited 1 week ago)

In Canada the max they can get from an individual is around 5k which means they don't often pursue things.

They still send the emails though. At least here unless it's registered mail I would just toss it.

[–] WarmApplePieShrek@lemmy.dbzer0.com 5 points 1 week ago* (last edited 1 week ago)

In Germany, they don't have to prove guilt, you have to prove innocence or else you get fined. If you don't voluntarily pay the fine and they have to go to court, the fine doubles. The system is rigged for the corporations. That's why they've done this in Germany for a long time. The expansions to other countries are experimental.

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