Need some legal advice please! (file-sharing)?

Question

Hey, my little brother was just contacted by a software company, for posting the software on a file sharing site. From what he tells me, all they said was that they knew he had done it; He then freaks out and proceeds to write a letter apologizing (perhaps not too smart?) So my question is, what he might be able to expect as a followup, and does he still have any options in terms of still being able to claim innocence, by any twist of the imagination? or has he pretty much dug him self in? please help me out here, he's just a kid, living on his own now with no way to cash out some huge fine or anything. Thanks


Keywords: filesharing copyright torrent illegal notification downloading uploading protected mp3 music

Answer 1

they usually won't file a law suit but in some cases they do i have know some people that this has happened to if you have multiple violations against the same company or label they will file and you can either pay for licenses on all of the hings or get a lawyer and challenge them but if he has no money and has sent aletter of apology if thy do you should just pay the license because you will pay more and i can pretty much tell you they would win.

Answer 2

If it was directly from the software company, then that's a good thing. They rarely pursue any legal prosecution on individuals, and the point of sending the notice was so that your little brother would remove it from the file sharing site.

If he writes the letter saying that it was unintentional and that it's been removed, I'm sure they would appreciate it. The RIAA and movie companies are the only ones right now sending out "fines" in the mail. It's when people refuse to pay them do they take the next step sending individuals to court.

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Update:

I disagree with the person below about "monetary fines" not being an issue when a minor is involved. In fact, it doesn't have any effect. When being fined by the RIAA regarding illegal music sharing, the parents are held accountable (or the person who pays for the internet connection). Age does not excuse the act, and the big record labels will be sure to get their money.

Luckily, this situation is different and doesn't involve the RIAA.

Answer 3

He's pretty much dug himself in.

BUT -- most software companies are more concerned with stopping the behavior than taking him to court.

And if he is a kid, then monetary fines are really not going to be an issue either way.

Answer 4

Nothing is gonna happen.They always send a "you've been a bad little boy" letter. But this does mean they have their eye on him now. As long as he takes it off he'll be fine.

They don't send cops to your house