MPAA Letter to nukleuzradio.org

[cddvdheaven123]

This was not posted by Myself .... "Dave" from CDDVDHeaven or DIDIDave..

Somebody that myself and others know and been having problems with in the last few weeks would have known my password to enter such a post on this site..

Many thanks to the user of this site that informed me of the trouble making post.

Thanks

Dave. @ CDDVDHeaven.

Moxie hosting is a brill host and who ever posted this seemed to want to cause trouble between them and myself as well as Nuke radio ?
Seeing i know the Owner of this domain and i'm now infact have it parked on my server.
Moxie and his team are a great buch and ther service is 100% . I dont have any problems with the servers and service and they are always there for help if needed.
Since i had to move to Canada based hosting i have have not had any problems from the likes of the MPAA and such like and as i'm already named in a law suit with the MPAA i should have thought i would have by now if there was any truth in what others hear are saying about Moxie using USA servers ?????

This is total B.S and if they knew what they were doing they would see they were not in the usa and there servers are not as well.

Many thanks

Dave @ DIDIDave.com and a very very happy Moxie hosting Customer....

To you that posted this under my account ....
dont be childish and get a life please and leave me and my site and uusers alone.

[SG-ME]

Im still getting letters over half a year after my sites where closed, I have never replyed to them and never intend to. Im sure i get more letters now that my sites are down then when they where up.

BTW im in the uk and the servers where in the us, acording to the letters i recive the is a big lawsuit against me and they will be prosicuting me in the uk under american laws, LOL.
So I wouldnt take anything they say to seriously.
If your freind is in the uk the isnt alot they can do apart from threaten him with those stupid letters

[SlyckScratch]

BTW im in the uk and the servers where in the us, acording to the letters i recive the is a big lawsuit against me and they will be prosicuting me in the uk under american laws, LOL.

You should talk to Alexander Hanff of DVDR-Core. He has some experience of this situation.

[Nick]

I recommend that the poster reads through http://www.slyck.com/forums/viewtopic.php?t=14238 and then he may be a little better informed.

Funnily enough I've been in contact with Alex and with Bairdoid in the past couple of days on matters relating to their problems. I'll save that for another time.

All I can say is that they can sue you in the USA even if you have never set foot there, and then they could conceivably use that judgement to start an action against you in the UK - or any other country for that matter. I think it is unlikely they would bother, and even less likely that they would succeed, but they are arrogant and vindictive bastards and I would put nothing past them.

Any action they took in the Uk wouldn't strictly be a "prosecution", it would be the pursuit of a civil debt incurred as a consequence of an American court ruling.

If you ignore the letter you will receive further communications, sent via the UK court going by the way they do things. This is simply to frighten you, convince you that they mean business, and conveys no particular authority.

You have four options, in order of preference:

(a) ignore the letters and hope that they will tire of you and go away
(b) If you must reply, best to do so through your family solicitor simply saying that if they persist you will apply for insolvency in the USA prior in anticipation of any court action they may start, thus frustrating any attempts to sue you.
(c) get a lawyer with copyright experience to write to them, warning them that their letter is inaccurate and contitutes harassment
(d) simply respond and tell them to p*ss off (the "Pirate Bay" preferred route)

My field is contract/corporate law and not copyright law, and if you are going the legal route then take advice from someone with a good copyright track record.

Useful links here: http://www.bizhelp24.com/insolvency/insolvency_usa_chapter_7_11_13.shtml

EDITED:

In view of the disparities between UK & USA bankruptcy laws, option (b) should be replaced with...

(b) If you must reply, best to do so through your family solicitor simply saying that if they persist with their action in the USA, you will be denied the opportunity for proper representation. As this would be in contravention of UK human rights legislation and natural justice, any judgement obtained will be unenforcable in this country.

Furthermore, any attempts to extort money from you could provoke an immediate application for insolvency under UK law - thus frustrating their endeavours.

[RottenFoxBreath]

that letter looks like it was written by some fecking retard.
plenty o' spelling mistakes there.
ive noted there numbers,and that email address,and will soon be harrassing them in my spare time,if i get a little drunk.
theyll never learn ,"we dont know who you are,but we'll come after you regardless."
tossers,absolute tossers.

[Drake]

This Website is NOT hosted in Canada! Although the webhost (Moxiehosting) is Canadian, they use servers located in the United States.

The server which hosts this torrent site is also hosting other torrent sites.

[SG-ME]

that letter looks like it was written by some fecking retard.

All the letters I recived had terrible spelling and punctuation, I thought it was someone I knew at first trying to have a laugh.

If these guys can't even write a simple letter do we really have anything to worry about


Im sticking with the "not replying to them" option, although I would love to let them know how bad there letters are

EDIT: I just noticed the top left corner of the letter you recived, and its the same lawfirm that has been sending me letters lol, Is it really a real law firm, or is it someone with way to much time on there hands trying to pull a funny one

[Nick]

Jenner & Block are a genuine and reputable law firm, I'm afraid to say, even if they can't spell nd their grammar is pathetic.

[RottenFoxBreath]

i wonder if i could get a job in their letter writing dept.
"deer siR,
joO r a verry b4d man,and mu5t st0p teh t0rr3nt5.
yoors
mistar loyer."


pmsl..

[Dormant707]

Jenner & Block are a genuine and reputable law firm, I'm afraid to say, even if they can't spell nd their grammar is pathetic.

Reputable?

No offense RM05! Just a chuckle or two about lawyers being reputable. I have known a couple of good guys who are attorneys. You must hear them crack jokes about lawyers.....

[Nick]

None taken.

I think lawyers deserve the reputation they have earned in the US.

[Dormant707]

None taken.

I think lawyers deserve the reputation they have earned in the US.

The USA - land of the free. Not quite the land of the free. I grew in South Africa during the Apartheid years. South Africa used the law and the judiciary to enforce human rights violations. I think that is the greatest problem with the US today - the law is being used to oppress people - not because of laws, but rather because of the fact that if you cannot afford good legal counsel, you are stuffed, and if you cannot afford legal counsel over a long protracted legal battle, you are stuffed. The courts have become the preserve of the wealthy and the elite - the corporations of the US.

That is why lawyers in the US have developed their reputations!!!

[DepecheNode]

i wonder if i could get a job in their letter writing dept.
"deer siR,
joO r a verry b4d man,and mu5t st0p teh t0rr3nt5.
yoors
mistar loyer."


pmsl..

Too funny!!!

That's exactly what the letter looks like to me.

This person has definite plausible deniablity if sued...

"your Honor... would YOU respond to these clownish antics? This letter is not even formatted in MS Word properly."

Katherine Fallow needs a new secretary... or to quit the bar and become one!

[fierysky]

Well, technically you should be safe, since you don't own a "wensite."

[mariusagricola]

And, technically, you aren't doing any copyright "infrenment".

It's just sad to see how pervasive bad grammar really is. Why, they are the ones who should be sued!

Anyway, I like the insovlency idea. Too bad if I file for insolvency in the US, it affects my credit, since I live in the US.

[coleisgone]

I know it's juvenile but has anyone tried the phone number to noise them up

And can you file for insolvency in the US if you aren't a citizen? and will that affect a credit rating in the UK after all are Experian and Equifax not american companies ??

[Nick]

I think it's a fine idea, too. Came to me over a few beers with a realtive who is an accountant.

If a UK citizen were to declare himself insolvent in the USA it shouldn't affect his credit rating over here (human rights implications).

If the insolvency action were to be commenced immediately a formal demand was received from the MPAA/RIAA, then they would almost certainly be estopped from their civil suit. And they wouldn't recover their costs up to that point, either.

This would need an input from an American insolvency prctitioner to clarify, but it could conceivably be a last resort solution. It has to be better than facing a $150m lawsuit. Anything has to be, wherever you live.

I certainly hope that the MPAA/RIAA are watching this thread closely. They may be too stupid to find lawyers who can read and write, but they're not too stupid to realise that this could have serious cost and PR implications for them.

[DepecheNode]

If a UK citizen were to declare himself insolvent in the USA it shouldn't affect his credit rating over here (human rights implications).

If the insolvency action were to be commenced immediately a formal demand was received from the MPAA/RIAA, then they would almost certainly be estopped from their civil suit. And they wouldn't recover their costs up to that point, either.

Nope. You need to be an American tax-payer to declare bankruptcy in America.
Plus, bankruptcy laws are getting stiffer here.

Also, with a civil judgement, you would not qualify for Chapter 9 (insolvency)
but only would qualify for Chapter 13 (re-organization) where a payment
plan would be scheduled and payments applied.

[Nick]

Thanks DN, I had heard that the bankruptcy rules were getting tighter following abuse. 7 - 10 years rehabilitation period, Jeez. It's just been reduced to 1 year for first timers over here.

Mind you, I don't know what the affect would be if someone started the process off in the intervening period between first demand and proceedings. Basically any subsequent creditors would have to identify themselves and wait for their slice of the cake.

At moment, possibly better for a UK citizen to threaten to apply for insolvency immediately a demand was received. Once the process was started (fill in forms and depost £500 with the county court) then all creditors would have to stake their claim in order to receive a portion of the proceeds. If the MPAA/RIAA didn't come forward, then you can simply come to an arrangement to pay off those who did come forward, and convert the application to a voluntary insolvency situation. Evn if they did come forward they would get next to nothing.

That way the MPAA/RIAA couldn't then pursue you and you get the slate wiped clean.

Not something I would want to do, but it would be quicker, cheaper and less hassle than a protracted lawsuit for (say) the $150m claimed from Alex Hanf

[DepecheNode]

... if someone started the process off in the intervening period between first demand and proceedings. Basically any subsequent creditors would have to identify themselves and wait for their slice of the cake.

Banko here is for current unpaid obligations and debt. After proceedings, it wouldn't matter much on either hand. You'd still owe the money if plaintiff was awarded.

At moment, possibly better for a UK citizen to threaten to apply for insolvency immediately a demand was received. Once the process was started (fill in forms and depost £500 with the county court) then all creditors would have to stake their claim in order to receive a portion of the proceeds. If the MPAA/RIAA didn't come forward, then you can simply come to an arrangement to pay off those who did come forward, and convert the application to a voluntary insolvency situation. Evn if they did come forward they would get next to nothing.

That way the MPAA/RIAA couldn't then pursue you and you get the slate wiped clean.

Not something I would want to do, but it would be quicker, cheaper and less hassle than a protracted lawsuit for (say) the $150m claimed from Alex Hanf

When you say demand, do you mean a collection following an award?

[Nick]

Yes, I appreciated that distinction.

By demand, I was thinking know that the person (in the UK) could respond by letting the **AAs know that they couldn't possibly meet their financial demands, and that if they persisted they would have to commence voluntary insolvency proceedings.

Hopefully someone may be prompted to look up UK law at that stage and realise that they were unlikely to make any recovery.

In the UK, creditors wishing to press any claim at bankruptcy proceedings are required to attend court, have their claim scrutinised and if accepted, they join the queue. If the MPAA/RIAA didn't show up, then they would lose their claim anyway.

Mind you, as it seems they can't be bothered to look up their spelling in a spellchecker, I rather doubt they would check out the law of the country in which they were suing someone. Unless it's all a bluff.

[sepia]

Nope. You need to be an American tax-payer to declare bankruptcy in America.
Plus, bankruptcy laws are getting stiffer here.

Also, with a civil judgement, you would not qualify for Chapter 9 (insolvency)
but only would qualify for Chapter 13 (re-organization) where a payment
plan would be scheduled and payments applied.

Too true about the bankruptsy--and then you have to be able to hire a lawyer to take you through it--minimum in my area Nothern Midwest, is about $700-800.
Also, you can't declare unless you have a lot of debt.
A couple years ago, I had a credit check done and it was clear, about a month later I got a letter from my state's attorney office saying I owed the state $800.00 for an attorney fee--I had a week to pay or settle. This was a public defender, in a supposed crime (swimming in the damn Lake Michigan in the middle of the night--dead sober--it was hot out) who didn't get me off anyway.
But, because I didn't give this attorney $50 within 2 weeks of that date (couldn't since I was sitting in jail), I had to settle. I told them they didn't own the lake, it wasn't Lake Wisconsin, have Michigan right me a ticket--and to hand me my clothes so i could leave. I got dressed and tore up the ticket in front of them.
I had refused to pay the amount for a regular lawyer when all I did was swim in the lake at 1 a.m. The naked part didn't bother them, it was the being in Lake Michigan. I went to jail--told them I was indigent.
This "crime occurred in 1996. I got the letter in 2003.
So, you can't write off legal or medical expenses in bankruptsy. They'll simply garnish your wages, take your tax return, or let you sit in jail, in some cases as a payback for the legal fee.
Nope, bankrupysy is no help--that's how they're getting the life savings of all these people -- whether they be dead or alive.
Blos them off and if you should visit America, don't get a ticket for anything. They're not going to send Interpol (not sure if that place really even exists) after you or anything.

[jonne]

Small suggestion:
there are apps that can extract information that used to be in previous versions of a document. If you delete a sentence in Word, it's still stored in the document, as part of the 'undo' feature. You might find some interesting gems in there (or not).

I'd ignore this letter: It has been sent electronically (There's NO WAY you can be sure if it's genuine or not), and it has bad formatting and spelling mistakes, so you could just ignore it, and if the shit hits the fan, you can always state that the letter looks like it's been written by an 8-year old. I'm sure the judge will agree that you have a point there.

It wouldn't even surprise me if it really WAS a hoax.

[Moxiehosting]

Hello all


I am the owner of Moxiehosting.com and im sorry to butt into this topic but seeing i host alot of torrent sites the admins of such sites bring things of this nature to me to verify



Well here you go


At no time as the site owner in question gotten any letter from any gov as the laws in canada prevent any outside goverment from contacting Myself.


Before anything if it was possible they would contact me and as for my help in dealing with the user


ie as me to hand over thier contact info

this has never happened nor is it likly to.


This bs bout letter being sent has nothing to do with moxiehosting.com furthermore Our servers are in fact hosted within Toronto Ontario Canada. The main uplink provider is in the usa but they are bound by cdn law in dealing with cdn clients


do a tracerout to 66.29.9.5 you will see it ends up in toronto.


People before you drag my company into matters do your bloody research.

[Nick]

Thanks for the info and welcome to Slyck, btw.

Are you saying your site hosts nukleuzradio.org and you believe this letter to be no more than a wind up?

Could you please give a comprehensive clarification without getting too wound up yourself?