The German music label Peppermint Jam has sent copyright infringement notices to several thousand file-sharers it suspects of using such P2P or file-sharing programs such as eMule, eDonkey, and BitTorrent.
Peppermint Jam, the Hanover, Germany-based record label, has sent some 3636 notices of copyright infringement to people informing them that they “have been found guilty of uploading copyrighted songs.
The notices tell individuals to immediately remove all songs attributed to the Peppermint Jam label from their PCs as well as any trackers that may have been uploaded to BitTorrent tracker sites to facilitate sharing the content with others.
Each user has been specifically accused of sharing a single song, perhaps to simplify the cases and make it easier to prove the cases against them. Having to subpoena thousands of HDDs could get prohibitively expensive I’m sure.
In addition, the notices also are kind enough to allow these “guilty” individuals the opportunity to deposit 300 euros ($400 dollars) in a bank account under the name of the law firm behind the notices. The letter goes on to say that they have until May 14th to act unless they want a “…criminal and/or a civil lawsuit brought against them.
They oddly refer to the 300 euro settlement offer as “symbolic compensation” for the harm that has been reaped upon them.
It’s important to note here how this music label seems to pursuing the same tactics as those here in the United States. The courts are an afterthought in their plans to find a solution to the problem of illegal file-sharing, probably because they know how bad and tough it would be trying to haul almost 4,000 people to court and before the press.
It sets a dangerous precedent for everybody’s ability to attain justice in this world if corporate entities with deep pockets and eager legal teams are able to effectively sidestep the law because it has more resources than those in its crosshairs. Peppermint Jam is leveraging the lack of time and people’s fears to force, in a way that’s not yet been proven to be legal.
The lawyers backing the German indie label write that paying for the “established” compensation remove the risk of being subject to criminal charges for copyright infringement, but that’s not exactly true. There could also be the eventuality of a “querela d’ufficio” (legal action of-office). Moreover, once paid, the compensation is tantamount to an admission not only of the misdeed (proven as such by controversial methods) but, also that the price of the fine is fair.
By accepting to pay 300 euros for just one song; even considering the “legal and investigation” expenses one may incur, it’s an over-compensative price for damages that are only alleged. Another point: is that a massive admission of guilt shall by 3636 people will surely set a precedent that every recording label or copyright enforcement group could easily take advantage of.
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Can you say “extortion”? Definition: “The use of one’s official position OR POWERS to obtain property FUNDS or patronage.” This is illegal in most countries (I am sure that it must be in most of the European Union.) Why doesn’t somebody call these clowns on this? Report them to the police. Even if you HAVE been sharing one or more of their songs this is a toally inappropriate way of doing this. They should be forced to go through the court system. Another concept: innnocent until proven guilty. Most countries (excpet those led by viscious dictators–which Germany isn’t at least not now!) also follow this guideline.
Yikes. thats not cool.
Exactly its a shitty way of taking advantage of the fact that most people are too busy slaving away at 9 to 5 jobs and dont have the money or the resources to fight it and if they dont guess what? The next guy is able ot come along and ask for cash as well despiet the fact that teh proof may be BS and u dont get your day in court.