DN $3500 demand

[homer_™]

Reading elswhere it appears that dn got Wuf's panel which lists his clients and gives a lot of incriminating data. It shows your home IP if you are connected to the server, what channel you are watching and how long you have been on that channel. With that 'they' can prove you connected to the server. One guy did try to fight it, but when presented with this evidence he folded. Ended up settling for 75,000.

Wuf couldn't have made it easier for them.

75,000? I don't believe you.

[alex70olds]

75,000? I don't believe you.

http://dsspros.com/forum/legal-issues-fta/96649-regestered-letter-11.html#post381909

I do, it explains a few other things as well. That is why I just posted here what I did.

[1boxman]

Here is the problem. They should get some guarantee that they can not pursue action for past activity. For example, they bought a code from reseller X, and that ia what the letter is for. So they settle. Then as more of these resellers go down, they find that you bought a code from Y, but it was in the past. They need some sort of agreement that since it was not a future violation, they dont have to pay again. Very tricky to do, I would think,

Thats kinda what I have been saying..they should agreement all so to protect themselves against another ..which I believe in civil they can do it .PLus I feel this why they are going civil .

Here is something for a few to read ..The double Jeopardy

http://legal-dictionary.thefreedictionary.com/What+Constitutes+the+Same+Offense 

All so to add...having more than one code...is it the same offence or different .? and it is civil .

[sodusme]

Thats kinda what I have been saying..they should agreement all so to protect themselves against another ..which I believe in civil they can do it .PLus I feel this why they are going civil .

Here is something for a few to read ..The double Jeopardy

http://legal-dictionary.thefreedictionary.com/What+Constitutes+the+Same+Offense 

All so to add...having more than one code...is it the same offence or different .? and it is civil .

Double jeopardy only applies to criminal. In civil its called res judicata.

Any time you deal with copyright infringement regardless of whether its your 1st or 10th offense I don't believe it can be any thing but civil. Reason being is the statute that you are sued under is civil in nature.

[Gunsmoke2 - GS2]

Here is the problem. They should get some guarantee that they can not pursue action for past activity. For example, they bought a code from reseller X, and that ia what the letter is for. So they settle. Then as more of these resellers go down, they find that you bought a code from Y, but it was in the past. They need some sort of agreement that since it was not a future violation, they dont have to pay again. Very tricky to do, I would think,

Asking for protection against other activity is somewhat admitting to it. Not sure that is wise. Best for a lawyer to advise.



GS2

[cheff]

Asking for protection against other activity is somewhat admitting to it. Not sure that is wise. Best for a lawyer to advise.



GS2

What if you had a statement from a letter saying they will release all " claims against you " plural ? once terms are settlement are fullfilled? Would that prevent further civil action such as folks that bought more than 1 code from wuf.

[sami1977]

I really hope you get a letter so all the members here can see how you do.Each and every person that gets a letter has to make there own decision on what to do. All i am saying is i have the cash to fight this but why fight a losing battle ,why is it so hard for you to understand? The lawyers i have talked to are not only good but are friends of the family and gave me there honest opinion on what to do so if you or anyone else does not want to believe it i wont lose no sleep over it. I am done with this.. my $3500 is paid so this hobby is now in the past.

So what did you write in a response to the letter and when you made the payment did you get a confirmation from them?that, there will be no further suit or fees ... Means any prove so you won't get anything in a future about this case.
For the people who get the letter how many agree to pay and move on and how many goin to court?

[sodusme]

So what did you write in a response to the letter and when you made the payment did you get a confirmation from them?that, there will be no further suit or fees ... Means any prove so you won't get anything in a future about this case.
For the people who get the letter how many agree to pay and move on and how many goin to court?

I'd start a poll up and title it "did you get a letter". Ask that only those that received a letter comment. Two choices: paid it or going to court.

[Hannibalector]

Double jeopardy only applies to criminal. In civil its called res judicata.

Any time you deal with copyright infringement regardless of whether its your 1st or 10th offense I don't believe it can be any thing but civil. Reason being is the statute that you are sued under is civil in nature.

from an interpretation of the Dames case with dismissal with prejudice

In civil litigation, dismissal with prejudice can take a couple of different forms. Once a case has been brought to court and a judgment has been made, the matter is concluded, or dismissed. The term "with prejudice" indicates the court cannot be asked to rule on the same issues again.

This is a similar legal doctrine to double jeopardy in a criminal case. In the United States, Canada, the United Kingdom and some other jurisdictions, a person cannot be tried for the same crime twice. Once the individual has been found not guilty, the matter effectively forms a dismissal with prejudice.

The other form that a dismissal with prejudice can take is when a civil case is dismissed by a judge on those terms. The judge effectively stops the plaintiff, who is the person claiming they suffered a loss or injury, from starting another lawsuit based on the same incident, or cause of action. The parties to the legal action may agree to a voluntary dismissal with prejudice if they settled the matter before it got in front of a judge.

A dismissal without prejudice is a different matter. Like a dismissal with prejudice, the legal action is finished. When this type of dismissal occurs, the plaintiff in the matter can bring a lawsuit before the court based on the same cause of action later if he or she chooses to do so

[alex70olds]

from an interpretation of the Dames case with dismissal with prejudice

In civil litigation, dismissal with prejudice can take a couple of different forms. Once a case has been brought to court and a judgment has been made, the matter is concluded, or dismissed. The term "with prejudice" indicates the court cannot be asked to rule on the same issues again.

This is a similar legal doctrine to double jeopardy in a criminal case. In the United States, Canada, the United Kingdom and some other jurisdictions, a person cannot be tried for the same crime twice. Once the individual has been found not guilty, the matter effectively forms a dismissal with prejudice.

The other form that a dismissal with prejudice can take is when a civil case is dismissed by a judge on those terms. The judge effectively stops the plaintiff, who is the person claiming they suffered a loss or injury, from starting another lawsuit based on the same incident, or cause of action. The parties to the legal action may agree to a voluntary dismissal with prejudice if they settled the matter before it got in front of a judge.

A dismissal without prejudice is a different matter. Like a dismissal with prejudice, the legal action is finished. When this type of dismissal occurs, the plaintiff in the matter can bring a lawsuit before the court based on the same cause of action later if he or she chooses to do so

Now dont pass out, I agree with you. The difference, finding evidence of a different code being bought, would not be subject to the dismissal of a previous case. A total new case.

[alex70olds]

Two new cases filed 5-22-2013. Davis and Gunkel. Eastern district of Texas Federal court.

Wuff rolled officially 7-12-2012.

IKS Control panel was at

eltwenty.com

now papio. He claims only he and tinieblax had access to the eltwenty section. He rolled on tinie. tinie is out of US jurisdiction as far as I know.

Forgot to add, they are indeed using posts and PM's to substantiate using service along with IP, as well as the above. They are using ABA DB mostly, as well as public posts.

[Hannibalector]

Now dont pass out, I agree with you. The difference, finding evidence of a different code being bought, would not be subject to the dismissal of a previous case. A total new case.

LOL....well and to that I would say I agree as it states in this paragraph with this in bold

The other form that a dismissal with prejudice can take is when a civil case is dismissed by a judge on those terms. The judge effectively stops the plaintiff, who is the person claiming they suffered a loss or injury, from starting another lawsuit based on the same incident, or cause of action. The parties to the legal action may agree to a voluntary dismissal with prejudice if they settled the matter before it got in front of a judge.

I'd ask Faudlin for his opinion but all my questions seem to have limited answers, the ruling on "with prejudice" does get a bit merky in the 1st paragraph when it says (the court cannot be asked to rule on the same issues again.) but that's not to say they wouldn't try and proceed on another matter

[Grave Digger]

They are using ABA DB mostly, as well as public posts.

i dont see how that is possible,

how could they prove you are the same person from ABA, and the site where you bought the code?

the same forum nick doesn't mean anything, anybody could register the same name at a different site

[sodusme]

i dont see how that is possible,

how could they prove you are the same person from ABA, and the site where you bought the code?

the same forum nick doesn't mean anything, anybody could register the same name at a different site

They would have i.p.'s from ABA.

[dishuser]

They would have i.p.'s from ABA.

and same email addy's