Friend just got slapped with a lawsuit from Time Warner

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CarlKillerMiller

Diamond Member
Jul 14, 2003
3,099
0
0
They're saying either $150,000 or settle for 4k for a movie (One of the harry potter movies) that he dled over a year ago.


The guy is going crazy right now. Poor kid.


I can't think of anything to say to him, though.


EDIT: Apprently, it was on Overnet.

EDIT 2: Apparently, the whole mess isn't about him just dling the movie. Someone explained to me how overnet works the other day, and it's fairly similar to kazaa.

The problem is that he DLed the movie and left it in his shared folder for 8 days. He gets very good speeds, and so shared the file with many other people. They're suing him as a distributor, not just for downloading.


That should clear things up a little.
 
S

Siva

Diamond Member
Mar 8, 2001
5,472
0
71
Wow, that really sucks. Its like $5 to rent a movie, isn't $4k kinda overkill?
 
UncleWai

UncleWai

Diamond Member
Oct 23, 2001
5,701
68
91
Buy new hdd, remove old hdds, give to friends, install new hdd, call the bluff.
 
NFS4

NFS4

No Lifer
Oct 9, 1999
72,636
47
91
Originally posted by: Chraticn
They're saying either $150,000 or settle for 4k for a movie (One of the harry potter movies) that he dled over a year ago.


The guy is going crazy right now. Poor kid.


I can't think of anything to say to him, though.
Click to expand...


If you're gonna get busted for downloading a movie, at least download a decent one. Idunno, something like "Taylor Rain Goes to the North Pole..."
 
T

TechnoKid

Diamond Member
Feb 12, 2001
5,575
0
0
Originally posted by: NFS4
Originally posted by: Chraticn
They're saying either $150,000 or settle for 4k for a movie (One of the harry potter movies) that he dled over a year ago.


The guy is going crazy right now. Poor kid.


I can't think of anything to say to him, though.
Click to expand...


If you're gonna get busted for downloading a movie, at least download a decent one. Idunno, something like "Taylor Rain Goes to the North Pole..."
Click to expand...

;)
 
R

rickn

Diamond Member
Oct 15, 1999
7,064
0
0
I'd say it's time for him to disappear, change his name and start a new life. it'll be a lot cheaper
 
rudeguy

rudeguy

Lifer
Dec 27, 2001
47,351
14
61
Originally posted by: FoBoT
Originally posted by: GoodDad
how can they prove that he dl'd it?
Click to expand...

ISP's keep logs

pirate boy is going to be poor
Click to expand...

no way that will stand up in court. His neighbor must have hacked into his wireless network and dl'd it.
 
X

xEDIT409

Banned
May 17, 2003
2,326
0
0
Do you know what medium he used to download it?

Torrent, p2p, IRC, Newsgroups, or just a regular old website?
 
I

illustri

Golden Member
Mar 14, 2001
1,490
0
0
wait, why would time warner the isp care about downloading movies? why is the suit from them instead of mpaa?
 
D

DaveSimmons

Elite Member
Aug 12, 2001
40,730
670
126
Stupidity tax, time to pay up.

Netflix is only about $20 a month with taxes, so he could have had 16 years of legal rentals for what stealing is going to cost him.
 
L

Literati

Golden Member
Jan 13, 2005
1,864
0
0
He better look into the Statute of Limitation laws where he lives.

statute of limitations
n. a law which sets the maximum period which one can wait before filing a lawsuit, depending on the type of case or claim. The periods vary by state. Federal statutes set the limitations for suits filed in federal courts. If the lawsuit or claim is not filed before the statutory deadline, the right to sue or make a claim is forever dead (barred). The types of cases and statute of limitations periods are broken down among: personal injury from negligence or intentional wrongdoing, property damage from negligence or intentional wrongdoing, breach of an oral contract, breach of a written contract, professional malpractice, libel, slander, fraud, trespass, a claim against a governmental entity (usually a short time), and some other variations. In some instances a statute of limitations can be extended ("tolled") based on delay in discovery of the injury or on reasonable reliance on a trusted person (a fiduciary or confidential adviser who has hidden his/her own misuse of someone else's funds or failure to pay). A minor's right to bring an action for injuries due to negligence is tolled until the minor turns 18 (except for a claim against a governmental agency). There are also statutes of limitations on bringing criminal charges, but homicide generally has no time limitation on prosecution. The limitations (depending on the state) generally range from 1 to 6 years except for in Rhode Island, which uses 10 years for several causes of action. Louisiana has the strictest limitations, cutting off lawsuit rights at one year for almost all types of cases except contracts. California also has short periods, usually one year, with two years for most property damage and oral contracts and four years for written contracts. There are also statutes of limitations on the right to enforce a judgment, ranging from five to 25 years, depending on the state. Some states have special requirements before a lawsuit can be filed, such as a written warning to a physician in a claim of malpractice, making a demand upon a state agency and then waiting for the claim to be denied or ignored for a particular period, first demanding a retraction before filing a libel suit, and other variations. Vermont protects its ski resorts by allowing only one year for filing a lawsuit for injuries suffered in a skiing accident as an exception to that state's three-year statute of limitations for other personal injuries.
 
B

BigJ

Lifer
Nov 18, 2001
21,330
1
81
Originally posted by: illustri
wait, why would time warner the isp care about downloading movies? why is the suit from them instead of mpaa?
Click to expand...

Time Warner is not just an ISP, IIRC.You know, the whole AOL-Time Warner thing.
 
T

TheNinja

Lifer
Jan 22, 2003
12,207
1
0
Originally posted by: GoodDad
Originally posted by: FoBoT
Originally posted by: GoodDad
how can they prove that he dl'd it?
Click to expand...

ISP's keep logs

pirate boy is going to be poor
Click to expand...

no way that will stand up in court. His neighbor must have hacked into his wireless network and dl'd it.
Click to expand...

I agree. I just don't see how they have proof that it was actually him. Just erase the movie from the HDD, heck do a low level format of the thing. All other evidence in circumstantial. For all he knows, some guy snuck into his house and downloaded Harry Potter, then burned in on a DVD.....that bastard! I hate when people sneak into my house to use my computer.
 
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