I have left Germany but the owner said he will transfer the case to me. Hey Omi. The owner would probably have to prove that it was your device that is the culprit, that the incident happened during your stay as well. I have a similar problem, but the thing is that someone broke my IP- internet code and used my connection to download movies etc. How can i prove that all the pirate files was not downloaded on my computer?
Hey George. Sorry about this. George, there is no way they will accept your explanation. Best is tell them what happen yourself. If I will you, I will do it yourself.
Since when one cannot defend oneself if you are accused of something. All these so call lawyers can do is plead your case and beg for a smaller fine, which you can do it yourself without having to pay the lawyers fees and then the fine. Sometimes the lawyer fees are more than the fine. Can someone answer my following questions? Answers are much appreciated! Is the website using Torrent file sharing?
Hi i have a question what if i downloaded a film from popcorn time but not watched It and deleted It. Hello Bastien,all this sounds scary,but what if i use a vpn?
I have a good vpn,many says its good and secure,its also been reviewed from good reviewers,its called Expressvpn,i think you heard of it. But I wanted to ask if i still can be caught or not,im scared. Hey Neemia. There is dedicated post about VPNs for Germany. It contains your answer. Would this be something that could be theoretically covered by liability insurance?
Hey Bastien Thank you for sharing whole lot of information. I also got such letter in and i hired a lawyer. He looked at it and charged euros and said he will handle it all for me. After 3 this lawyer left my case and then i had to hire a new lawyer. I asked him to write a letter on my behalf which he totally denied and with in a week i got an appointment letter from court.
Now i dont have so much to pay court fees and other lawyer fees and double my fine. I had to hire a translator to write me a letter to lawyer to leave my case,then i wrote a court to give me some more time,which court did not accept. Also i wrote Waldorf that i can pay little amount of money. Its been 2 weeks only i got answer from court but no answer from Waldorf.
My lawyer has left my case but i am not sure if he has send information to Waldorf also!!! I am very scared to go to court and i cant afford to bare so much of fine. I earn only euros per month and if i have to pay euros plus euros to a lawyer plus court fees. Hey Ade. Sorry to hear about this. You can have you case checked there for free , to get more options.
Thank you for a reply and suggestion. I have filled up my form and have sended it to them. I have been in contact with other lawyers too but all they want to go to court. They dont want to negotiate on my behlaf with Waldorf Frommer. I am really looking forward for a mail from Abmahnunghilfe. Thank you once again. What if u tell tham that u had a guest and he was on popcorn time from his ipad not u. What if you have moved permanently from Germany Im not living in Germany any more can they still follow you?
Hey Jojo. I can only imagine that the costs involved in chasing somebody moving abroad would be too great to make it profitable. Sorry for calling you ben! I did mention my brain is fading…! Maybe being scanned first. Just in case here is again:. Hi Ben, Thanks so much for putting this together. I had an absolute brain fade over Xmas time and forgot to put my vpn on before downloading bloody paddington 2 looking for something new for my 5 year old son to watch in lockdown My wife receive letter from Waldorf frommer today.
Demanding euros. Have they reduced the size of fees in past years? I remember hearing about 3k or something years ago. And for paddingbloodyton! Anyway, my question is regarding the law in you mentioned about limiting claims to and euros. Nintendo explains it pretty well on their legal page. So, ROM is the data inside a cartridge, but it also refers to the copy of that data on a cartridge. Though if you have to bypass some DRM to do so, it might or might not be illegal. The law isn't as clear here, and it depends on what the DRM is.
If you have a copyrighted ROM which they almost always are and you make it available for copy, you are almost certanly in violation of the law. Downloading ROMs hosted by others is another grey area.
Theoretically, if they're offering it for download, you might be able to legally presume that they have the rights to distribue the ROM. They could have acquired those rights. It's like buying stolen goods on ebay.
You aren't the one in violation of the law. The law is definitely unclear on this though. Whoever is saying "The Nintendo page says it is so it is" is full of crap. As far as I know, as long as you own the cartridge you can get the rom. There are more grey areas that exist than those stated already. The blacks law dictionary a legal authority recognised by every known us court defines "own" in such a way that the mere act of holding something or being in close proximity to itmakes you the owner this kind of law allows prosecutors to charge everyone in a house with drugs even if some could pass clean tests If you were charged with illegally possessing copyrighted materials the courts would have to prove that you were not the legal owner.
Many people will advise keeping the lightest smallest part of owned content ie the paper insert under the plastic with the upc stored in the safest place to ensure protection of such rights if need arises. I am not aware of any person ever being convicted in any court for having only backed up content of products which he has legaly purchased downloaded or self produced.
The act of downloading content you legally own rights to could fall under fair use as well , as with many of these products the tech required to make a digital backup which you are entitled to can be beyond your own skill level on multiple levels from running the software involved to the base ability to perform basic solidering and desolidering can be acts you are unable to perform especially with age.
For these reasons it should be fair to say you simply wanted access to what you owned without damaging the storage device you bought it in. That said I am not a lawyer though I have spent 3years as a paralegal and did research this topic strongly durring such term.
Though as has become quite evident to me no quantity of facts of law or reality can guarantee a guilty man be convicted nor the innocent go free. There is a saying "absolute power corrupts absolutely" Stack Overflow for Teams — Collaborate and share knowledge with a private group. Create a free Team What is Teams? Learn more. What exactly does the law state about emulation and ROMs? Asked 11 years, 3 months ago. Active 10 months ago. Viewed k times. Robotnik Mod Bara Bara 1 1 gold badge 3 3 silver badges 5 5 bronze badges.
This was migrated because it was asked just when a few posts that referenced this topic were deleted; so this question seems to be in the spirit of "why can't I ask or answer where to download ROMS? Add a comment. Active Oldest Votes. I'd like to add that the ONLY time that you can legally have a ROM is if it was 1 purposefully released into the public domain by the copyright owner, 2 was given or sold to you by the copyright owner, 3 has had its copyright expire 75 years after publication, i.
Thank you for answering my questions. The main point seems to be "avoid ROMs" so I think we'll leave it at that. BarrettJ that's 70 years after the author's death in most countries, otherwise you're spot on.
It depends on jurisdiction, there are also countries in which it is either much longer or shorter. Emulators can be illegal too.
Also, the nintendo legal page isn't amazing description of the relevant law; it's a little biased, but it's decent. Best Android Phones.
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