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What is the sol on piracy ufc events

Garden Grove, CA |

i have a friend who torrent ufc event a few days after the event and when we read about online piracy and how ufc is going after people who stream it illegally and my friend is really scared and the last time he torrent a ufc event was in october 2012 and he heard that ufc also going to the house of people who illegally torrent it and my friend also has an account on bestmmatorrents and now he really scare, what is the sol on that? please help

there are like more than 100000 peoples do it, can they sue all of them? or just the owner of the website or the one that upload that torrent. because i know for sure my friend only download it but never upload any torrent for other people to download it or illegally redistributing it

Attorney Answers 3

Posted

The statute of limitation for sopyright violation may vary by state. There are lts of copyright trolls out there (and blogs where you can get useful information). In general, I suggest your friend stop usitn bit-torrent to file share copyrighted material. As a practical note the lawyers are having a lot of troubel in federal court. The plaintiff in most cases files suit and sends demand letters to all of the owners of the IP adddress (regardsless of who was actually downloading the materials). Sometimes it is cheaper to pay a few thousand dollars to get your self out of the case than litigate. At least your frined is just copying fights, it is quite embarrassing when teh defendant has to explain that pornography was downloaded to their IP address and they had no knowledge of such infringing activity.

Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-client relationship is formed with you. Our aim is to provide general principles that may be useful to the Avvo community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction

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Asker

Posted

actually he did download some porn and movie too and one time he got a letter from time warner cable telling him to stop and he kinda did but now he completely stop... what should he do?? he live in southern california

Eric Blaine Alspaugh

Eric Blaine Alspaugh

Posted

The cable company, Time Warner, is jsut giving notice ot their customer that Time Warenr will have to turnover personal information in the event fo a lawsuit. He shoud stop illegally downloading copyright material without paying. He probably does nont need to do anything until he gets a letter from a law firm with a demand fro payment / settlement. If that happens, you rfrined need to hire a awyer.

Bruce E. Burdick

Bruce E. Burdick

Posted

Hmmm. Copyright is federal law with exclusive jurisdiction in USDC and the SOL is expressly set for in 17 USC 507 as 5 yrs. The state to state variation is pretty much just as to how far back you can go on damages. There is general consensus on the time limit for suit being 5 years from the last instance of infringement.

Bruce E. Burdick

Bruce E. Burdick

Posted

3 years for civil.

Posted

You should be worried, friend. Torrent trackers now in the hands of copyright trolls can get you and if you keep it up will. The stuff about UFC going to people's houses, wherever you heard that is BS, [except perhaps with a summons or via mail with a letter] so you needn't worry particularly about the "copyright police" showing up at your door. What is of more concern is copyright infringement damages of up to $150,000 per instance. The SOL for copyright infringement is five years after the cause of action arose, and generally that is from the last instance, so you are on the hook until at least Oct. 2017, friend. If you have really stopped, you have little you can or should do unless you get a letter from your ISP and then you need to see a subpoena defense attorney [Google it]. But know this, if you do any further online piracy via torrent you stand to get caught. Stop it now and you will likely escape.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

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Posted

i know that its bad but there are so many people doing it like they cant get them all right?

Bruce E. Burdick

Bruce E. Burdick

Posted

Wrong. They can and do get EVERY IP address if they are tracking the torrent. The trolls haven sent out thousands of IP address ID requests and are making a ton of money so you can bet they will continue. What you don't seem to get is that it is sometimes the troll or the troll's client putting the torrent out to trap you in a "sting". They once did not have the technology to do it but now they do. No, they don't track every torrent, but you will never know until they get you and then it's too late. Stop and be safe or continue and gamble thousands of dollars - and for what?

Bruce E. Burdick

Bruce E. Burdick

Posted

Downloading and uploading are generally concurrent in torrents. That's how they work & why they are so fast. So there is little distinction and yes, they get downloaders not just the original uploader.

Asker

Posted

i just contact my cable provider about the email and i told them i saw the email they sent me about it and i already stop and delete everything and i ask them if im in trouble but they said im fine just avoid doing in the future

Posted

The statute of limitations on a civil copyright violation, being a federal law, is governed by 17 USC sec. 507(b). It is three years from the date the claim accrued. In most places, the claim "accrues" when the plaintiff learns about the infringing conduct.

www.bayoaklaw.com. 510-208-5500. This answer does not create an attorney-client relationship. It is not legal advice, because it is only of a general nature. Please contact a lawyer qualified in your jurisdiction to discuss your situation in confidence, using your factual details. Avvo answers are only general legal responses. Item 9 of Avvo.com's Terms and Conditions are incorporated in this disclaimer as though it were printed here.

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Posted

which kind of case have sol of 5 years?

Andrew Kevin Jacobson

Andrew Kevin Jacobson

Posted

Criminal cases are rare, and almost always because someone engaged in large-scale reselling of copyrighted product. For example, Kim Dotcom of Megaupload has a criminal complaint pending because he facilitated hundreds of thousands or millions of acts of infringement. From what you have described, a criminal complaint is highly unlikely. Those whose copyrighted content is infringed through things like BitTorrent can learn about it in just a few hours: see http://www.bayoaklaw.com/resist-the-torrent/ . Stay away -- far, far away -- from BitTorrent, and tell all your friends the same thing. It doesn't relieve you of any legal liability, but purging your computer of all infringing material will be a step in the right direction, and will be the beginning of atonement for your mistake. If your ISP is subpoenaed for your identifying information, contact a lawyer to try to reach a quick settlement. Again: stay away from BitTorrent -- it is wrong, and it is not worth it.

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