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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44874
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Just got a letter from Goldeneye claiming I downloaded

Customer Question

Just got a letter from Goldeneye claiming I downloaded copyrighted material in August 2014. This over two years ago and although I used to download a few things I don't remember any of the titles they mention in their letter. I used to download the first 20/30 minutes of a film not the entire film, as I am diabetic it helped with my erectile dysfunction. I have never made a copy of downloaded material or distributed it. What advice can you give me.
Ian Bullock
Manchester
Submitted: 3 months ago.
Category: Law
Expert:  Ben Jones replied 3 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 3 months ago.

Please can you provide me with full details of the letter you have received. Thank you

Customer: replied 3 months ago.
Ok what advice can you give me on how to respond
Expert:  Ben Jones replied 3 months ago.

Hi Ian. Please can you provide me with details of the letter you have received so that I can advise. Thank you

Customer: replied 3 months ago.
Hi
As I said in my enquiry I have received a letter from a company called Goldeneye International (GEIL). This is a follow up to a letter from Sky last October telling me that they had had to provide my details to GEIL so they could peruse me for compensation for downloading their copyrighted material.
The letter I received today from GEIL says I downloaded several pornographic movies in August 2014 and lists the films and dates downloaded. They ask for a response within 28 days or they may make a claim against me.
I did in the past download material of the type they deal in but cannot remember if I downloaded any of the titles they mention. I am diabetic and watching a few minutes of a pornographic film helped with my erectile difficulties, I am now prescribed viagra and no longer download anything..
I did not ever download the full movie as it took too long, the first 20/30 minutes was enough. I have never distributed anything to anyone else and would not have bought this type of move so was not doing them out of a sale.
What other details do you need, it seems they send out lots of these letters as there is plenty of info online.
Expert:  Ben Jones replied 2 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 2 months ago.

Many thanks for your patience. It is quite common for the owners of images or videos to aggressively pursue people who use their material in what they believe is without their permission. Often the sums they request are exaggerated and in the hope that people will just pay up in order to avoid further threats or possible legal action. However, in reality the law on copyright infringement is not that simple and the way damages are calculated is different.

If you did download the material in question from a sharing site, then the chances are that copyright would have been infringed. You may not remember the titles in question but if they can show that your IP address linked to your computer was the one which downloaded the material then the chances are that they can prove that you were the one who had downloaded the videos.

Many people simply ignore such threats because the companies do not always pursue matters further. They would have to go to court and win to be able to do anything and ask you to pay anything. Whether you do that is up to you. If you get engaged in correspondence with them and it looks like you admit the allegations, they could use that to try and take matters further.

You say you did not do them out of a sale but obviously you would have had to buy it so there is at least one lost sale there. Also it would depend on whether the software you used, such as file sharing bittorrent that you used to download the movie, shared the files at the same time with others. That is when further damages could be applicable.

If you are to respond, simply deny you eve downloaded these and also remind them that a court will only award actual damages incurred as a result of this, usually limited to the costs one would have paid for the video and overall it would not be worth their time to go that far.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 2 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 2 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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