Recently we got a mail saying that we have been using a 3rd party app, to illegally stream movies online. well yeah we used this app called popcorn time. It was later deleted because our internet speeds would drop drastically.
the ISP sends us a letter with a settlement amount for downloading "pornographic" movies.
This was never the case. never have we even opened a site that downloads "pornographic" movies.
This is an interesting question. You are not liable to any person for copyright damages without a court issuing a judgment against you. Often, copyright holders will contact an ISP and offer a settlement without suing and then the ISP will turn around and try to get the customer to pay. You are under no obligation to, however, your ISP may shut you off if you do not. As far as the ISP's claim that you have watch pornographic movies, as opposed to infringing copies of movies, I cannot see how they have a right to "fine" you for something you had a legal right to do (although I am not saying that it was not copyright infringement). The bottom line is that if you can switch to a different ISP, I would not pay them the amount demanded.
Admitting to any facts relating to the claim in a public forum, such as this, may not be the best course of action. Contact an attorney to review the demand and discuss your options. Privately. With the benefit of attorney client privilege and confidentiality. Side note: only the copyright owner can sue for infringement.
This may or may not be an attempted scam. I suggest you refrain from discussing any details of this in public until you have the situation resolved, but you should check to see just who it is that sent the letter and claims you owe money, and on what basis. Simply downloading pornographic movies isn't enough to give rise to a copyright infringement claim, unless you are downloading them illegally (and that's the generic "you"). If you are worried about responding to the letter I suggest you contact a local attorney to evaluate the demand and help you respond accordingly.
I would reiterate the comments of my colleagues. Seek legal counsel immediately, and do not, under any circumstances, post anything else about this issue to a public forum like .
Best of Luck!
Jon Jekel
TechLaw LLP
This may be a scam, or it may legitimate. I would take it seriously, and I suggest that you immediately contact an experienced Copyright / IP litigation attorney who can advise you in confidence about your options and potential costs. Many IP firms offer an initial free conference by telephone, video conference or in person if you are available locally and would be happy to speak with you. Call and speak with an experienced Copyright IP attorney who can assist you.
