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socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 34429
Experience:  Retired (mostly)
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I received a letter from d.gill sperlein I am an attorney

Resolved Question:

I received a letter from "d.gill sperlein" :
I am an attorney representing Io Group,Inc.,Recently,your Internet access account was used to illegally distribute an unauthorized copy of an Io Group movie using the eDonkey2000(ED2K) network.........Io group offers to settle its claims against you for $1875.00 nonnegotiable............(discovered at 68.126.62.231 on 5/14/2010 09:59 pm).

the photos of letter:
https://picasaweb.google.com/lh/photo/3zEzjJ0c_XHnlFvs_lniaB_LXGa0aFoLVcjvXmO-QtU?feat=directlink
https://picasaweb.google.com/lh/photo/lKnrCgs7FDTrxvMhzvKySR_LXGa0aFoLVcjvXmO-QtU?feat=directlink



I'm afraid that it will cost more to defend myself than to pay pre settlement fees, What is your advice?
Submitted: 3 years ago.
Category: Intellectual Property Law
Expert:  socrateaser replied 3 years ago.
Hello,

The law firm and the lawsuit are authentic. If you did the deed, then you could be liable for statutory damages of $750 to $30,000 per copy distributed, if the distribution was negligent -- or up to $150,000 if distribution was willful. If the distribution was accidental, the amount could be as low as $200. 17 U.S.C. § 504.

You could also be liable for the attorney's fees and costs, necessary to obtain a judgment against you, plus your own attorney's fees and costs.

There are also criminal prosecution possibilities, but they are not within the scope of this lawsuit. That would be a matter for the U.S. Department of Justice, and such prosecutions are rarely brought against individuals who have done a single act of copyright infringement.

The question that you have to ask yourself is whether or not it's worth it to fight the lawsuit -- but, also whether or not you did the deed?

Because if you did not, then you would probably be entitled to attorney's fees and costs against the plaintiff. 17 U.S.C. § 505.

The decision is yours -- because only you know the truth -- at least, for now.

Hope this helps.

NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.

socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 34429
Experience: Retired (mostly)
socrateaser and 2 other Intellectual Property Law Specialists are ready to help you
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Customer: replied 3 years ago.
thank you for your help,I payed the settlement fee. the story is end, they win. I don't have time to make choose. they can get what they want from me because they know what will happen next but I don't. I will always remember this. thank you again,my friend.
sorry for my English :)
Expert:  socrateaser replied 3 years ago.
You're welcome and good luck.

I wish you peace.
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