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讨论规则及指引
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Hence, it's almost assuredly not Kalypso, merely another phishing scam posing as <insert big company> (Kalypso in this case).
There are 2 scenarios:
1. Its actually them, wich would be scummy
2. They know about it, but dont care, wich isnt good either.
I dont think either one of those options puts them into a good light.
I suppose it is option 2. I mean, this is insane if it's really them.
Its a completely "legit" law office in germany doing this, i dont think they would get away with impersonation.
Ah, I see. I don't know German law, let alone State German Law(don't forget that every constituent state has its laws, parliaments etc). Even without that, this is highly suspicious. If a legal firm is involved, this isn't your run of the mill phishing. And if Kalypso isn't aware of a legal firm doing stuff "in their name", that's also bad.
They claimed the damage based on how many people there were in the network. Although the reality is that not all people who connect to network ever get the file fully downloaded. And you aren't the one they all download from. I was online only for few hours during one day, and didn't even download a full episode. And uploaded much less.
If 10 000 people break into a supermarket, you are one of them and took a candy bar, it is wrong if you are accused of all the damage, and you need to compensate it all. And when they get two other guys, they are again blamed of all the damages.
I admitted quilt and offered to pay them a reasonable compensation. The price that the TV-series season was sold in a shop: about 15 euros.
Of course they didn't accept my compensation, because the lawyer wanted the big money.
But actually they dropped harassing me after I said I'm willing to pay. It's pretty hard to sue, when you admit quilt and offer reasonable compensation. Also bad publicity: shows they are not interested in reasonable compensations.
I've never bought anything from that TV-series producer. I think in a long run they actually LOSE money, because thousands of people get upset, and they only can take very few to the court.
And yeah, the money they demand is so much many people could not afford to pay it. That's shocking, and I call THAT the real piracy.
But yeah, haven't downloaded copyrighted files since.
Decided I'm not gonna buy this game either. I was about to, but no way. Not gonna support anyone who hire those scumbags copyright piracy lawyers.
As far as iam able to tell Nimrod is a "perfectly fine" Law office in germany. It shouldnt be harding getting them if that was Kalypsos intention.
"I'm a Nigerian prince and I have $50,000,000 I need to transfer to a US bank account.
The problem I have is that I am well known and cannot do this under my name.
If you open a US bank account with just $5,000 in it - so it is legitimate - then send me the details, I will put my full 50 million dollars in it.
As a reward you can have 5 million dollars for yourself - and your 5K back."
Should I do it?
The so called Abmahnungsindustrie is as old as filesharing. Well.. in fact its even older. You guys know that websites in Germany need a legal notice? The so called Impressum, you have an error in it? Well.. Abmahnung incoming and you will have to pay the attorney office that did send you the Abmahnung. Yes german law is ♥♥♥♥♥♥ like that.
And yes Kalypso does know about this. In fact Kalypso must have given them an actual mandate to do this. Cause otherwise the Nimrod attorney office in Munich could not send out these legaly binding desist notices. Only the creator or license owner off a product can send out these letters.. or a law firm they gave the mandate to. So yes, Kalypso knows and wants this.
It always the same system, doesn’t matter if its music, movies or games. And it looks like they have ramped up the number of letters they send out this year again. They claim damages around 2.5k attorney and fees of around 400€ and offer to settle with 850€ if you pay. You have to sign the “Unterlassungserklärung” that you don’t do it again. If you “do it again and they catch you” your broke a legaly binding contract you signed. So they ♥♥♥♥ you over with a far far higher sum.
And yes, false positives are a thing. Cause first of all they simply hope they scare people in to paying. And the bar of evidence they need to bring to get the user data for the IP addresses is laughably low. So they dont care that they are hitting inoccent people.
So what can people do?
Frist of all do not sign or pay anything. If you do, you just admitted your guilt. Congratulations, you are ♥♥♥♥♥♥.
Yes, you could ignore the letter / Abmahnungsschreiben. If do you do this, the attorney office has three years from the date of offence to take this to court. But if they brought this to court and you would get letters from a court you would have to react to. At this moment you should really go to an attorney for copy right laws. And then its gets spicy.. how do you prove that you didn’t do something?
But I doubt that they will bother doing that, its to much hassel. Especially for people not living in Germany. They simply hope to scare people into paying. And yes, enough people will pay.
You could also object the Abmahnung. So you write a letter that you didn’t do what they accuse you of and that you wont pay anything. That’s what an attorney will do for you at first most of the time. He will most likely write it better then you AND its will look more serious if they get an answer from an attorney. Then the same goes as if you ignore it.. you will have to wait for three years and see if they bother to bring it to a court.
I personaly once got a Abmahnung nearly 20 years ago. Accused me of downloading some porn movie. Classic scare and shame tactics. Hoping that people would pay cause they were ashamed of it. I wrote an objection myself and never heard of it again.
Yes its “scam”, yes they are scamming people. But they are doing it within the boundaries and the backing of the german law.. and that’s even worse.