Sorry didn't mean to hijack this thread. I apologize.Originally Posted by jeldf
Senior Member
Sorry didn't mean to hijack this thread. I apologize.
Member
Yes, just want to avoid going to court. What do you think Hamburglar?
VIP
The rule to bargaining is to start low and with a little knowlege of the real situation. First go to an attorney. Next get the prov to cough up the real info on the damages. Then make up a possible cost of covering the damages from other entertainment sources (Netflix is $8 per month unlimited isn't it?--so no more than $100US to cover the cost of what you might have gotten from prov in a year). They can't sue you for more than the REAL damages--the demand letters are a scare tactic and not likely to be what a good attorney would settle a case for. $1000 is way too much--10 cents on the dollar of the demand would be more typical settlement.
Visiting Dignitary
Actually this is incorrect. They can sue for "statutory" amounts that congress set when the bowed to lobbiests to make this law.
2. award statutory damages against Defendants in the total amount of $115,000
for their 115 violations of section 1201(a)(2), calculated based on $1,000 for
each of violation as authorized by the DMCA, 17 U.S.C. § 1203(c)(3)(A);
Last edited by alex70olds; 04-13-2013 at 10:12 PM.
Visiting Dignitary
That shouldn't be allowed though....what 'harm' have they incurred I mean seriously?
Like I've said frankly they have no idea how much programming was viewed and what type of programming was viewed and for how long i.e. ppv, movies, sports, childrens programming. Hell maybe you were watching HSN for all they know. They have no idea what was viewed and for how long and when.
Apparently as posted on that 'ask an attorney' site they can't just throw out an arbitrary amount and expect payment be forth coming without proving their basis for that claim. I would think they would have to have some cold hard facts concerning the persons viewing habits and that is not likely to happen.
Like I've always said just because you steal a Cadillac does not mean you would have purchased said Cadillac if given the chance.
Senior Member
If the situation warrants, I've always been in favor of bargaining to save a lot of hassle and be done with it. A good settlement might be based on a $100/mo. package for a year. $1200, that's all I can borrow. A lot better then $3500 or $10,000 plus on your record.
When push comes to shove, money trumps principle.
Last edited by hondoharry; 04-14-2013 at 02:54 PM.
Member
Well I am going to call their attorneys up this week. I borrowed money from all my relatives the most I can come up with is $1,135.00 and they know I can't pay them back. I am on SSI and have no savings.
Senior Member
bet they take it
Member
Hope so. Then I can move on and order Netflix. A whole lot cheaper. One thing I learned, Trust nobody.
VIP
If you have no job, don't own Real Estate, and have no savings, you are prolly, "judgment proof". IOW, if they go to court and get a judgment against you, they'll have no way to collect on it. They'll eventually sell it to a debt collecting firm for 5-15 cents on the dollar.
Member
Fifties is right on this one ,i didnt want to post in this thread but you dont have nothing they cant take nothing,put a judgement own you and thats it
and ive had to put judgements against ppl who rent from me and never pay so i kick them out and the judge is the one who puts the judgement own them and they never have to or end up paying a dime.hell and they work its just not at the same place for to long
oops thats my dads property i dont own nothing
Senior Member
you can trust a few of us but read and go from there. Hope you never posted you were down or couldn't get a signal. Stay away from that. And that goes for everyone. Best of luck Fifties is right though
Last edited by jeldf; 04-15-2013 at 12:51 AM. Reason: Fifties
Member
Thanks guys appreciate all the info, and guidance.
Senior Member
Based on your situation, I would pay it and move on stay legit. At the end of the day, it all comes down to point of sale transaction. Getting served and avoiding getting served is a whole different ball game. If you can spend your life dogging getting served and a workaround etc then go for it. But think about the monies you saved using the p.s. you used and when you compare that with the $3500, it won't be in the end of the world. Besides, if you mess with the bull eventually you get the horns.
As long as they have a POS transaction which shows you purchasing something illegal, you won't have a leg to stand on (cost effective).
If its given as a donation, that might be a separate issue.
VIP
You're missing the point here;
he has no job, where they could garnish wages. He says he's on disability, which can't be garnished. He has no savings, so there's no bank account to seize. If he doesn't own Real Estate property, there's nothing they can put a lien on.
Assuming this is the case, he's better off simply checking with a lawyer about the best financial strategy, which might just be to let them get a default judgment against him, because at the present would be un-collectable.
Later on in his life, if he needs to clean up his credit, he can pay off the collection agency who will eventually get the judgment, for cents on the dollar.
Posting Permissions
Reply With Quote