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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Someone in the UK has pirated my content & uploaded it to a

Resolved Question:

Someone in the UK has pirated my content & uploaded it to a torrent site - I have their ID and all associated evidence documented. Documentation includes evidence of US$45,000 of downloads from the torrents he started. Beyond a DCMA and/or cease & desist notice what is the best approach for seeking recourse?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Do you have his name and address please?

Alex Watts :

Don't give it to me here, but do you have it?

Customer:

Yes

Customer:

I have not contacted him as yet - I presume he has been contacted by the torrent site when I issued a DCMA to them

Alex Watts :

Ok - then you could do one of two things:

Alex Watts :

1) Get a UK lawyer to write and ask for compensation for the loss

Alex Watts :

You can find out here:

Alex Watts :

http://solicitors.lawsociety.org.uk/

Alex Watts :

2) Take the matter to Court

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial. Over £10,000 as this is you will need a lawyer to bring the claim and run it for you

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

One question:

Alex Watts :

Yes

Customer:

if I won the case, he would also be liable for court costs? He wont have 45k to pay or probably any money for court costs, so what happens then? He appears in court, loses the case, is liable but cannot pay?

Alex Watts :

Yes. The rule is the losing party pays

Alex Watts :

Depends on whether he has any assets. If so then you are fine. If not then you can't recover the compensation and costs

Alex Watts :

Sadly this is a litigation risk

Customer:

if total with legal costs etc was say $50k & his assets only cover $10k, what happens with the other $40k? Does the court enforce payment? or terms of payment?

Alex Watts :

If he doesnt have it, you have to pay to enforce it.

Alex Watts :

You can make him bankrupt, but again you have to do it and pay those costs.

Alex Watts :

If he has no assets, he has no assets

Customer:

true

Alex Watts :

Can I clarify anything else for you?

Customer:

As a realistic, workable approach be this:contacting him & asking for US$750 (the value of my content that he is in possession of) immediately or I pursue the full $45k of damages, advisable?

Customer:

Or is that effectively extortion?

Alex Watts :

Yes you can do that.

Customer:

The $45k of damages would be endlessly debateable

Customer:

whereas the content he has of mine is not

Alex Watts :

Indeed

Customer:

Ok thanks, ***** ***** legal fees

Alex Watts :

Of course.

Customer:

1. conatct him asking for US$750, if he doesnt pay 2. get a lawyer to send asking for $750 in both situations threatening a full court case

Customer:

OK thanks for your help, much appreciated!

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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