Just received Demand Letter ......

[alex70olds]

Guess it depends on the case & circumstances and would it help. In my own plaintiff cases never got such a request from the defendants but they knew or ought to have known what I had for evidence.


I did blindside one defendant with some evidence I obtained but just obtained before trial and in no way was I going to let that out but maybe at the very beginning of a case like some end user lawsuits where the parties don't really know each other sharing could work to each other's benefit.



GS2

I have never been in a case where both parties were not aware of what the other side had. But apples and oranges to these cases.

[kutter]

Not on all of them. Some where because defendant could not be found, at least one where they confused the father with the son, but others that I can't tell why they dismissed.

Oh I don't mean to give advice, I am not qualified to do so. I am just saying there are alternatives.

lol ... I was just wondering if there was anything in the court documents that didn't seem normal ... how it was dismissed should be public knowledge ... but since I don't have a pacer account I don't have access to that info

voluntary dismissal is always "without prejudice" unless otherwise stated ... so I'm not too sure that the cases are actually over ...

[alex70olds]

lol ... I was just wondering if there was anything in the court documents that didn't seem normal ... how it was dismissed should be public knowledge ... but since I don't have a pacer account I don't have access to that info

voluntary dismissal is always "without prejudice" unless otherwise stated ... so I'm not too sure that the cases are actually over ...

Actually some specifically state "with prejudice". I think I stated that in the end user file, not sure though. But yeah, I just wanted to implicitly state I am not giving advice, don't need to end up in a case myself lol.

[soupkitchen]

Guy's (gals?), I'm going to assess my situation over the weekend to decide whether to fish or cut bait.......have some digging to do into old/deleted emails etc. to see if I may be in deep kim chee. Thanks for all the info and opinions given, hope this will help others that may receive a love letter(so to speak).

[freeloader]

Good luck wish the best.

[havenlyskyhigh]

I don't know how the court open the case only a couple sheet papers or just a couple lines of sentence of the sale
do the court accept open case with just pp phone active or donation.

[Gunsmoke2 - GS2]

I don't know how the court open the case only a couple sheet papers or just a couple lines of sentence of the sale
do the court accept open case with just pp phone active or donation.

As a plaintiff you have to pay a court fee and file a complaint to open up a Civil court case. A court does not review the merits of a complaint when its filled. The defendant would need to challenge that with some motion to dismiss based on what in this situation I would not know.




GS2

[ChillyWilly]

I have always been of the opinion that DN has an open offer to attorneys wishing to litigate these case; Sue on our behalf and keep 100% of the proceeds. This always made sense to me because it protects DN from paying runaway hourly fees, while "drawing blood" from the offenders.

I researched a number of cases a couple years ago. I noticed most cases were from states with plaintiff friendly asset seizure laws. And the defendants appeared to be affluent. But JMO..... However folks would be wise to research their state laws and see if a judgement against them can be used to seize bank accounts or lien property......

Good luck to all

[soupkitchen]

After researching and thinking long and hard, I'm going to put HNB on ignore........ I am going to call their bluff so to speak and see how far they are going to go with this. Buying a "code" isn't illegal and will like to see them prove I used it. Will let you all know if and when a 2nd letter arrives. Anyone who hasn't received a first letter should be wary and not sign for a registered letter. They will pursue you if they have an address and have more evidence such as PM stating your up and running, etc. I highly doubt they have asked for any data logs from your/any ISP's to track you. Rollin' the dice......

[dishuser]

After researching and thinking long and hard, I'm going to put HNB on ignore........ I am going to call their bluff so to speak and see how far they are going to go with this. Buying a "code" isn't illegal and will like to see them prove I used it. Will let you all know if and when a 2nd letter arrives. Anyone who hasn't received a first letter should be wary and not sign for a registered letter. They will pursue you if they have an address and have more evidence such as PM stating your up and running, etc. I highly doubt they have asked for any data logs from your/any ISP's to track you. Rollin' the dice......

lmfao...good luck with your theory
say goodbye to 10k

[Gunsmoke2 - GS2]

After researching and thinking long and hard, I'm going to put HNB on ignore........ I am going to call their bluff so to speak and see how far they are going to go with this. Buying a "code" isn't illegal and will like to see them prove I used it. Will let you all know if and when a 2nd letter arrives. Anyone who hasn't received a first letter should be wary and not sign for a registered letter. They will pursue you if they have an address and have more evidence such as PM stating your up and running, etc. I highly doubt they have asked for any data logs from your/any ISP's to track you. Rollin' the dice......

Remember this is a Civil case where plaintiffs say your liable as they allege you purchase this code that only has one purpose which is to circumvent their encryption and avoid making a lawful payment to them.


Personally I don't think they need to prove you used it and the onus will be on you to explain why you paid for the unlawful service.


Its like saying I paid for DN but never watched anything. Do you think reasonably its more likely that if you paid for a service that you used it or intended to versus not.



Wish you don't receive a second notice or lawsuit wherever may come because don't know if they send second letters.



GS2

[jazzman]

After researching and thinking long and hard, I'm going to put HNB on ignore........ I am going to call their bluff so to speak and see how far they are going to go with this. Buying a "code" isn't illegal and will like to see them prove I used it. Will let you all know if and when a 2nd letter arrives. Anyone who hasn't received a first letter should be wary and not sign for a registered letter. They will pursue you if they have an address and have more evidence such as PM stating your up and running, etc. I highly doubt they have asked for any data logs from your/any ISP's to track you. Rollin' the dice......

Also consider that posts like these and any others on any sites that are incriminating can be gathered and used against you in court IF it goes that far. Be assured Charlie DOES monitor most all fta sites so keep that in mind at all times. JMHO

[Stirlingsat]

Interesting and informative read so far. Hopefully this is considered a topical enough question to remain in this thread: is anyone aware of there being any similar cases of demand letters or litigation against end-users on the part of Beverly north of the border?

[kutter]

Interesting and informative read so far. Hopefully this is considered a topical enough question to remain in this thread: is anyone aware of there being any similar cases of demand letters or litigation against end-users on the part of Beverly north of the border?

lol ... that should get the ball rolling

yes BELL did send out demand letters ... but as far I know they never followed it up with legal action ... (seems like their intentions weren't all that honorable) ... Hanni would love to hear me say this, but it actually borders on extortion if they didn't intend to follow through with and file a law suit ....

by the way , it wasn't over IKS though ...

IMO, I doubt they will bother going after IKS end users ... of course you need to realize that this is just an opinion ...

[Gunsmoke2 - GS2]

lol ... that should get the ball rolling

yes BELL did send out demand letters ... but as far I know they never followed it up with legal action ... (seems like their intentions weren't all that honorable) ... Hanni would love to hear me say that this, but it actually borders on extortion if they didn't intend to follow through with and file a law suit ....

by the way , it wasn't over IKS though ...

IMO, I doubt they will bother going after IKS end users ... of course your need to realize that this is just an opinion ...

Another problem is what they could get as fines against end users in Canada. In the US they can realized $10,000 not in Canada. Their demand amount in the demand letters that were sent was probably higher than what a court would award.



GS2