Does anyone have experience with doing this in germany?

Thanks for any answers

  • Matt@lemmy.ml
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    5 hours ago

    I’d rather VPN to some EU country east of Berlin if I were you.

    Slovakia has some copyright laws but they’re not that strictly enforced. Also no c&d letter equivalent has arrived to my physical inbox for what I’ve done on the Internet.

  • WarmApplePieShrek@lemmy.dbzer0.com
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    6 hours ago

    In Germany, they don’t have to prove guilt, you have to prove innocence or else you get fined. If you don’t voluntarily pay the fine and they have to go to court, the fine doubles. The system is rigged for the corporations. That’s why they’ve done this in Germany for a long time. The expansions to other countries are experimental.

  • JustEnoughDucks@slrpnk.net
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    13 hours ago

    In Belgium, just next to it, I know someone who was doing tons of torrenting and sharing with friends and family back in 2005-2010 time and got prosecuted for his piracy (like 5 years after he was doing it) and had to pay huge fines as a young adult from what he did as a teenager. He definitely wasn’t using a VPN and probably port forwarding and openly sharing back in those days. It definitely happens. (Not Germany but neighbors)

    Just get and use a VPN with a client kill switch. Paying 50-100€ per year is much cheaper than 10k in fines down the line, and don’t share it with anyone outside of your household.

  • Taleya@aussie.zone
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    23 hours ago

    I used to work the abuse department for an isp back at the turn of the century.

    While we covered our arses by emailing customers “we have received a copyright notice blah blah don’t be naughty”, the companies that filed the “complaint”? Got a big fat “fuck off and come back with an Australian court order”

    We never released a single customer detail. Because privacy laws in Australia meant $50,000 per breach.

  • Tetsuo@jlai.lu
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    1 day ago

    Meanwhile the AI bros are pirating every media they can get a hold on in total impunity…

    But individuals get targeted by lawyers.

  • TigerAce@lemmy.dbzer0.com
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    1 day ago

    From what I’ve heard from my German friends the network owner, so the one paying the isp bill, is responsible for whatever happens on the network. If someone broke in onto your network and downloaded illegal stuff, you are still liable for the fines as you should have protected your network sufficiently. Maybe you can get away with it if you are able to present hard evidence your sufficiently protected network was broken in to.

    It’s the same with speed cam tickets. If you prove in court someone else was driving your car, you won’t have to pay the fine. If you are unable to, you are liable.

    Imo it goes against the law. There’s this thing called “innocent until proven guilty”, so the burden of proof lies with the authorities, not with you. But sadly it’s not always the case. This did cause a lot of legal fights though, and to my knowledge this caused the German police to flash cars from the front now, so the driver would be visible in the photo in most situations.

    • WarmApplePieShrek@lemmy.dbzer0.com
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      5 hours ago

      Germany does not have “innocent until proven guilty”. It has “guilty until someone else is proven guilty”. They will always find someone who has to pay compensation. There is no “we don’t know who did it because of an anonymizer service”, they will just make the anonymizer service pay instead.

      Except when law says they don’t have to. Right now the law is that registered service providers can’t be fined on behalf of their customers, and there isn’t a law saying they have to be able to identify the customers. So VPNs get by.

  • Sackett@thelemmy.club
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    2 days ago

    “Don’t talk to someone who is a trained professional to handle these kinds of problems, instead talk directly to the party trying to get you into legal trouble” is the dumbest advice I can imagine.

  • bleustenns@lemmy.ml
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    2 days ago

    This is terrible advice, please just get a VPN like IVPN or Mullvad and just keep the letter somewhere*. Anyone telling you to forego a legal professional when it comes to legal issues is leading you astray.

  • ExcessShiv@lemmy.dbzer0.com
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    2 days ago

    Don’t even need to respond, just toss the letter. You will never hear from them again. But do use a VPN when torrenting from especially Germany.

      • ExcessShiv@lemmy.dbzer0.com
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        2 days ago

        Not that I’m aware of.

        They’re fishing with a very large net. I once got a letter saying I illegally downloaded a movie I never downloaded, so their accuracy is also pretty horrible.

        • lost_faith@lemmy.ca
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          2 days ago

          Canadian here, I have received these letters in the past through my ISP, once for a dl I did (yeah I raw dogged it), and 1 or 2 from the kid that lives in my house. ISP says basically “We got this letter, we need to forward it to you, we have passed on no information to the sender. Please don’t get caught doing this again. Thank you”. Not sure what would happen if there were hundreds of files downloaded but my ISP is a pretty good one for doing the bare legal minimum to correct users.

            • lost_faith@lemmy.ca
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              1 day ago

              After talking to someone else at work using Rogers, their VPN shit the bed one night they forgot to stop the torrents, they got a similar letter.

              At this point our ISPs should just automatically put us all on rotating non-logged VPNs as part of our packages we already get the modem as part of the service, just integrate it there (not sure if I’m being serious or silly)

              • WarmApplePieShrek@lemmy.dbzer0.com
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                6 hours ago

                That’s literally what they do. But they’re required by law to be able to trace an IP address, so it doesn’t help you. The copyright company asks for who was using this IP address at this time, and the ISP has to tell them.

                • lost_faith@lemmy.ca
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                  5 hours ago

                  The ISP keeps the record for 6 months, if the party claiming rights wants to prosecute they have that 6 months to go to a court in the users jurisdiction and ask the judge to grant this info (users name and address). If granted then the info will be retained for a year. Without the judges order all the rights holder has is an IP address that will have another person attached to it after a time

              • BurntWits@sh.itjust.works
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                2 days ago

                I love TekSavvy, they’re the only ISP I’ve used that I haven’t had completely horrible experiences with. In fact, I’ve been with them for the last ~3 years and haven’t had a single complaint yet. My parents have been with them for even longer, probably around 10 years, and same deal. No issues.

                • lost_faith@lemmy.ca
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                  2 days ago

                  I have set people up on their systems and their tech support actually listens to your question and answers it instead of taking the meandering each and every insignificant step. I switched to them about ~8 yrs ago and my only issues with them were actually with bell doing something to my connection cause it was in the way or something.

          • GreyEyedGhost@piefed.ca
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            2 days ago

            Similar happened to me when I was on Starlink. Strongly worded letter to say don’t do it again or further action would be taken. I told my adult kid to smarten up and make sure to use a VPN when tormenting games (which he already knew). Haven’t had a letter since.

          • ExcessShiv@lemmy.dbzer0.com
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            2 days ago

            Because they can and will try to compile a case on you if they can track significant amounts of upload from you. They will silently do that for years before knocking on your door.

            • dhkuq3645@lemmy.dbzer0.comOP
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              2 days ago

              oh ur right

              tho does this happen in other countries aswell?

              I’m from the czech republic and trying to help a friend.

              from what ik in Czechia no 1 cares unless u make money off of it or ur a big fish

            • Aceticon@lemmy.dbzer0.com
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              2 days ago

              In several countries there are laws that let representatives of copyright holders just get from ISPs the contact information of their users on demand (I believe Germany and the UK are like that) whilst in some others there are other similars laws like the ones where the ISPs have to pass the letters from the representatives of the copyright holders to their customers (such as Canada?). In fact as far as I know these kinds of letters only exist in such countries and only since such laws were passed - without such laws it’s the traditional process where a Court Order is required for such things which is way more hassle in general and thus not worth it to go after non-commercial copyright violation.

              Add a VPN on the user side and suddently to track the person associated to the IP address detected sharing a specific torrent requires a Court Order (for the VPN provider to disclose that).

              Use a VPN exit point in a different country and now that Court Order has to be obtained from a court in a different country from that were the user can be sued.

              If in a country with extreme pro-copyright legislation like that, good luck getting enough in damages from a Court for the Copyright violation of somebody sharing a torrent for non-commercial purposes to pay for the cost of simply getting the contact of that person from their IP.

    • cub Gucci@lemmy.today
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      2 days ago

      The funny thing is that I personally use vps in Germany. Have nothing in my name

  • Lka1988@lemmy.dbzer0.com
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    1 day ago

    Or just ignore it. If you actually read it, it never says anything about you being in trouble at that moment, but it’s intentionally worded to invoke that fear.

    Toss it in the bin, and use a VPN or Usenet.

  • Hond@piefed.social
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    2 days ago

    I wouldnt admit not having a wifi password in germany. Theres the “Störerhaftung”. If its your device you are responsible. Thats why germany has so few open public wifis.

    But i never got a letter and looked up what to do? Probably tossing the letter into the trash is enough. Just be sure to seperate your waste properly so your neighbour doesnt sue you.

      • WarmApplePieShrek@lemmy.dbzer0.com
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        5 hours ago

        also note “Sentences 1 and 2 shall not apply if the Service Provider intentionally cooperates with a user of its service in order to commit unlawful acts.”

        TMG is obsolete anyway, replaced by DDG and you have to register as a service provider.

    • jaybone@lemmy.zip
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      2 days ago

      Is the joke that German neighbors get angry over improperly separated waste / recycle?

      • heftig@beehaw.org
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        1 day ago

        Not sure about the neighbors; we don’t watch each other fill the trash containers. I live in a rural area where every home has their own containers.

        But the municipalities and the disposal companies do get angry and sometimes check the containers. If they are noticeably improperly separated they are not emptied, and that will hurt everyone depending on shared containers.

  • Scrollone@feddit.it
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    2 days ago

    Thank God my country doesn’t pursue piracy at all (unless it’s related to live football matches)

      • D06M4@lemmy.zip
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        1 day ago

        In Spain sites depending on something hosted by Cloudflare go down when there’s a football (soccer) match. I have no interest in that sport either, but it’s impossible to check even a doctor’s appointment during a football match without a VPN. Thousands of sites are affected.

        • Scrollone@feddit.it
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          1 day ago

          That’s seriously fucked up. We had the same problem in Italy, but luckily Cloudflare fought back and I think that some companies sued the company that decides the blocks

          • D06M4@lemmy.zip
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            1 day ago

            I sure hope we het the chance to collectively sue these sports companies for damages at some point. Nobody should have to wait for a football match to end to access health services they’re paying for.

          • WarmApplePieShrek@lemmy.dbzer0.com
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            5 hours ago

            No, they block all of Cloudflare’s IP addresses. This is punishment for Cloudflare not being able to take down any website globally within 15 minutes that the Spanish government says to take down.

          • D06M4@lemmy.zip
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            1 day ago

            Used to be that way but last time I checked using DNS over TLS or HTTPS didn’t grant access to blocked sites during football matches.

  • tom@jlai.lu
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    2 days ago

    I’ve also received a letter about seeding a torrent when I was in Germany in early 2010s. I went to see a legal aid lawyer, who was almost free, and he already had a prewritten letter saying that basically I was sorry and that I should come back if I received another letter.

    The first letter said that if I didn’t pay within a few days, they would start a very expensive legal procedure. About a month later, I received a reminder, so I went back to the lawyer. This time, his letter said that I wasn’t able to pay the amount and that I should come back if I received another letter.

    I never received anything after that. So, based on my experience, I agree: it’s all bark and no bite.

    • YiddishMcSquidish@lemmy.today
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      2 days ago

      First letter I started using VPNs. I get so many spam lawyer letters that I can’t remember the last one I opened that wasn’t from my lawyer.

    • Gormadt@slrpnk.net
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      2 days ago

      Given how often my mail goes missing this seems to be the better take.

      Hell I can’t remember the last time I got a bill in the mail where the first notice came before the second notice lol