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February 3, 2016 1:05 PM Subscribe
Received a copyright infringement email over a downloaded album. Landlord is worried. What should I do?
Asking for a friend -
I rent a room in a house. I downloaded a Panda Bear album. My landlord received a Copyright Infringement notice and called them. He thinks that I should pay the $30 per song, $330 total. Obviously I shouldn't have downloaded music in the first place but I think that he made a mistake in contacting them. Since downloading the album I have purchased it and deleted the songs from my computer.
What is the recommended course of action from here? How likely is it that I will actually be sued by this company? My friends say that this has happened to them, that they ignored the notices, and that nothing came of it.
Asking for a friend -
I rent a room in a house. I downloaded a Panda Bear album. My landlord received a Copyright Infringement notice and called them. He thinks that I should pay the $30 per song, $330 total. Obviously I shouldn't have downloaded music in the first place but I think that he made a mistake in contacting them. Since downloading the album I have purchased it and deleted the songs from my computer.
What is the recommended course of action from here? How likely is it that I will actually be sued by this company? My friends say that this has happened to them, that they ignored the notices, and that nothing came of it.
This post was deleted for the following reason: poster's request -- cortex
Response by poster: Them - Rightscorp. Not the artist, and not the ISP.
Of course the landlord isn't deciding payment amount. That is the amount noted on the email.
posted by Marinara at 1:17 PM on February 3, 2016
Of course the landlord isn't deciding payment amount. That is the amount noted on the email.
posted by Marinara at 1:17 PM on February 3, 2016
Best answer: You shouldn't get sued. This is a scare tactic. Actually taking you to court costs way more. Responding in any way was foolish.
There's no way to confirm who infringed - maybe it was unsecured wi-fi? And there was no way to confirm you got the notice unless it was sent via Certified U.S. Mail.
Tell the landlord to ignore it and that the law is generally on your side.
If you're really worried, get a lawyer. But yes, I agree, actually calling them was not smart.
posted by Strudel at 1:20 PM on February 3, 2016 [2 favorites]
There's no way to confirm who infringed - maybe it was unsecured wi-fi? And there was no way to confirm you got the notice unless it was sent via Certified U.S. Mail.
Tell the landlord to ignore it and that the law is generally on your side.
If you're really worried, get a lawyer. But yes, I agree, actually calling them was not smart.
posted by Strudel at 1:20 PM on February 3, 2016 [2 favorites]
Did you admit to the landlord that you downloaded it?
posted by andoatnp at 1:28 PM on February 3, 2016
posted by andoatnp at 1:28 PM on February 3, 2016
Best answer: Maybe I'm a nut, but I would direct message the artist on Twitter and tell the truth: I sampled your album without paying. BUT, here's a picture of me with my paid copy. And I am sorry. Could you maybe call off those dogs?
I'd probably even offer to make a $100 donation to their favorite charity. That would be better than being strongarmed by shady lawyers.
posted by DirtyOldTown at 1:33 PM on February 3, 2016 [2 favorites]
I'd probably even offer to make a $100 donation to their favorite charity. That would be better than being strongarmed by shady lawyers.
posted by DirtyOldTown at 1:33 PM on February 3, 2016 [2 favorites]
Response by poster: Okay, last follow-up. Apparently I had some of the details wrong and this is what I get for posting a question for someone.
Music was sent from another friend telling them to check the out the new album, not downloaded via torrent. When the landlord called it was to check the legitimacy of the notice, before following up with my friend to see if he had downloaded anything. He did tell the landlord that the music was his.
posted by Marinara at 1:35 PM on February 3, 2016
Music was sent from another friend telling them to check the out the new album, not downloaded via torrent. When the landlord called it was to check the legitimacy of the notice, before following up with my friend to see if he had downloaded anything. He did tell the landlord that the music was his.
posted by Marinara at 1:35 PM on February 3, 2016
IANAL, but I strongly suspect that if push comes to shove your friend could probably make a small-claims case against the landlord, for subjecting a tenant to unnecessary financial hardship through the landlord's lack of discretion.
posted by Strange Interlude at 2:06 PM on February 3, 2016
posted by Strange Interlude at 2:06 PM on February 3, 2016
Best answer: Copyright trolling is a thing, and pretty much everybody whose name gets involved gets fucked over. You should delete this question, stop following advice from people on the internet, and stop talking to people who aren't your lawyer. Seriously. Even though that one guy on the internet said nothing bad happened to him, and that other guy said the judge will totally kick the plaintiff's ass for you.
IAAL. IANYL. TINLA.
posted by spacewrench at 2:09 PM on February 3, 2016 [1 favorite]
IAAL. IANYL. TINLA.
posted by spacewrench at 2:09 PM on February 3, 2016 [1 favorite]
Best answer: Music was sent from another friend telling them to check the out the new album, not downloaded via torrent.
This is getting more confusing not less. How did the friend access the music? From a file sharing website? From a legit host illegitimately?
Basically if the friend is using the landlord's internet and the landlord got a letter and the friend fessed up that they were responsible for *something* then the friend needs to basically deal with this either by paying or by consulting a lawyer. Yes copyright trolls are a thing but you need someone who knows the specifics and not these secondhand stories about what may or may not have happened to determine what your friend should do.
I had a friend who this happened to (slightly different facts) and it was basically a $750-ish problem to solve (via friendly lawyers) to get the problem to go away. I am definitely not one of those "oooo your friend is a thief as if he broke into Panda Bear's house!!" but once you are at this stage, it's a lot less about ethical feelings about the issues and more pragmatic and tactical risk evaluation and assessment. Sorry.
posted by jessamyn at 2:14 PM on February 3, 2016 [4 favorites]
This is getting more confusing not less. How did the friend access the music? From a file sharing website? From a legit host illegitimately?
Basically if the friend is using the landlord's internet and the landlord got a letter and the friend fessed up that they were responsible for *something* then the friend needs to basically deal with this either by paying or by consulting a lawyer. Yes copyright trolls are a thing but you need someone who knows the specifics and not these secondhand stories about what may or may not have happened to determine what your friend should do.
I had a friend who this happened to (slightly different facts) and it was basically a $750-ish problem to solve (via friendly lawyers) to get the problem to go away. I am definitely not one of those "oooo your friend is a thief as if he broke into Panda Bear's house!!" but once you are at this stage, it's a lot less about ethical feelings about the issues and more pragmatic and tactical risk evaluation and assessment. Sorry.
posted by jessamyn at 2:14 PM on February 3, 2016 [4 favorites]
This is getting more confusing not less
yeah. my sympathy for your friend is sinking. there are people who do shit (download on other people's connections) without thinking of the consequences, drag other people (OP) into the problem, then lie (it was from a friend) to everyone. DTMFA?
posted by andrewcooke at 2:23 PM on February 3, 2016
yeah. my sympathy for your friend is sinking. there are people who do shit (download on other people's connections) without thinking of the consequences, drag other people (OP) into the problem, then lie (it was from a friend) to everyone. DTMFA?
posted by andrewcooke at 2:23 PM on February 3, 2016
Response by poster: I am very disappointed in Metafilter today. I swear up and down about how helpful and quick and wonderful Metafilter is to my friends and the one time I post something for someone else it is met with skepticism and rudeness.
It's very common in my friend group to send different music to each other to listen to. Download, delete, buy, or not. It was a simple question, "What do you do when this happens?" I got some details wrong when I posted the question, that's all. The music has been paid for and Panda Bear emailed. They just didn't know if they needed to pay the copyright troll or if it was just a scare tactic.
Thank you to those who were thoughtful in their answers, one way or the other. It was appreciated.
posted by Marinara at 2:35 PM on February 3, 2016
It's very common in my friend group to send different music to each other to listen to. Download, delete, buy, or not. It was a simple question, "What do you do when this happens?" I got some details wrong when I posted the question, that's all. The music has been paid for and Panda Bear emailed. They just didn't know if they needed to pay the copyright troll or if it was just a scare tactic.
Thank you to those who were thoughtful in their answers, one way or the other. It was appreciated.
posted by Marinara at 2:35 PM on February 3, 2016
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Who is "them"? The ISP? The Panda Bear artists?
Why does your landlord get to decide the payment amount? I am very confused.
posted by a fiendish thingy at 1:14 PM on February 3, 2016 [1 favorite]