Letter now Court case

[fifties]

As I've posted all along, DN would need to be challenged in court -at a cost very likely greater than the $3500 first letter demand- that their evidence, consisting solely of proof of purchase of IKS codes, is not sufficient to enable a judgment in their favor, as compensation for their alleged theft of their service claim.

They can't show proof that the defendant owns a satellite receiver, perhaps no proof that there's a dish on his roof, and perhaps no proof that he actually connected to the server. Without at least two of these additional factors to support their claim, all they can show is intent, and in civil, intent ain't enough.

Now that being said, so far as we know, no cases have actually been challenged in court, and until that occurs, if ever, all we can do is speculate about it.

BTW, someone posted about criminal court...Let's understand that DN is suing in civil court. Cases referred to criminal so far have not been end users, AFAIK.

[nrules387]

In my honest opinion there is no getting away from this,
If they take you to court you could try and claim you didn't use the codes, but you still bought them, and they are only for one reason, to recive pay tv service illegally.

If I was caught with drugs in my pocket, I cant claim, well I didn't use those drugs, I just bought them to have them.

[noveon7]

It was a donation to them.

[dishuser]

It was a donation to them.

good luck using that for defense

[Anubis]

In my honest opinion there is no getting away from this,
If they take you to court you could try and claim you didn't use the codes, but you still bought them, and they are only for one reason, to recive pay tv service illegally.

If I was caught with drugs in my pocket, I cant claim, well I didn't use those drugs, I just bought them to have them.

In that case they will charge you with possession in criminal court not civil. People have to stop comparing I had drugs which is a criminal matter to piracy which is a civil matter.

[walter]

If one were to challenge DN's claims and were to win, would they be entitled to counter sue for the expenses incurred?

[iq180]

If one were to challenge DN's claims and were to win, would they be entitled to counter sue for the expenses incurred?

no, thats the bad part, DN knows this, thats why they sent the letters, to get as mutch money as they can before they loose in court,
and no they dont have to give the money back for all the demand letters that were allready payed if they loose in court, so you can
bet they will drag it out for as long as they can.
i still say they will need server logs or your isp logs.

[jvvh5897]

Make a counter offer before just sending them the money. I don't think the damages to DN is greater than $100 US for any one user. Odds are in a civil case the judge would send the parties to mediation anyway.

[Gunsmoke2 - GS2]

Make a counter offer before just sending them the money. I don't think the damages to DN is greater than $100 US for any one user. Odds are in a civil case the judge would send the parties to mediation anyway.

By all means try to settle with a lesser amount. They might perfer to wrap it up and eliminate the court costs.



GS2

[fifties]

If one were to challenge DN's claims and were to win, would they be entitled to counter sue for the expenses incurred?

No; however, nothing would prevent someone from suing the bastards in small claims court for the $ limit in that venue, for the economic damage they suffered as a direct cause of the original DN lawsuit. It would be a separate case entirely, and in the same vein that DN originally used (anyone can lodge suit anyone else for anything).

[hondoharry]

By all means try to settle with a lesser amount. They might perfer to wrap it up and eliminate the court costs.

GS2

Do you think that would work after the civil suit was filed?

[iq180]

i would like to see one go to court just to see what info they do have other than PP.

[hondoharry]

i would like to see one go to court just to see what info they do have other than PP.

Maybe I'll start a defence fund and get rich. PM me for PayPal info.

[Gunsmoke2 - GS2]

Do you think that would work after the civil suit was filed?

It might. Better chances are before when you received the demand letter.



GS2

[1boxman]

In that case they will charge you with possession in criminal court not civil. People have to stop comparing I had drugs which is a criminal matter to piracy which is a civil matter.

These are being done in civil ...but in Canada it can go either way .Am sure the same in the States .

Consequences

There are consequences for breaking any law. Breaking or infringing the copyright law is no different. The consequences of infringing the copyright law can be civil or criminal, and are set out in the copyright legislation.

hxxp://publications.gc.ca/site/eng/ccl/aboutCopyright.html

And at the bottom of this one by the rcmp hxxp://www.rcmp-grc.gc.ca/qc/services/sef-fis/prop_intel-eng.htm

I think the oped word is ..They choose to do this civil right now .