New on LowEndTalk? Please Register and read our Community Rules.
All new Registrations are manually reviewed and approved, so a short delay after registration may occur before your account becomes active.
All new Registrations are manually reviewed and approved, so a short delay after registration may occur before your account becomes active.
Comments
That's fire. Hope they do the promo. Let's fucking go!!!!!!
I meant what their plan forward is. How they intend to respond. This kind of thing.
As I pointed out, comments on those things (or even generally) may easily jeopardize a legal case. The claimants have got access to the Internet as well.
Hello,
We are aware of recent news articles that mention Virtual Systems, LLC, and we understand that such reports may raise questions or concerns.
First and foremost, we want to assure you that Virtual Systems, LLC, as a Ukrainian legal entity, continues to operate fully, adhering to Ukrainian laws and regulations as well as applicable international laws. Your servers and data are safe, and there will be no impact on the services we provide to you.
The recent articles and the claim contained within them include numerous inaccuracies and unfounded statements that do not reflect the reality of our operations. We have learned about the claim solely through public news sources and have not received any official notifications of legal actions at this time. Our legal team is closely monitoring the situation and stands ready to take appropriate action if necessary.
We value our relationship with you and remain committed to supporting your needs and ensuring the success of your operations. If you have any questions or need further clarification, please do not hesitate to reach out to us.
Sincerely,
VSYS Team
@servers_guru
We see your message here, and if you have any further questions, feel free to reach out to us through the contacts on the site.
Where's my 20% off LAWSUIT code?
In the snailmail post.
This promo code is not available, but we love celebrating various holidays, and right now we have a Halloween sale running
Standard Dedicated Server Plans — UP TO 35% OFF
10Gbps & 20Gbps Dedicated Servers — UP TO 15% OFF
HDD & SSD Storage Servers — UP TO 25% OFF
VPS — UP TO 60% OFF
LEARN MORE HERE: https://vsys.host/halloween-sale
OR https://lowendtalk.com/discussion/198588/booo-its-halloween-sale-dedicated-servers-with-up-to-35-off#latest
No it is not. It is a gray area, because it is not well defined in law and because of "C-435/12" case.
Nobody got sued for it in Poland, so theres no judge's interpretation for law. Pure gray area.
Read torrentfreak, Poland can and is bent very easily when it comes to few million dollar cases.
What milion dollar cases for individual that downloaded copyrighted content? Can you link an example?
Are we on the same topic? We are talking about piracy for profit in this topic. How about you?
Who is "we"? I clicked "quote" on your commend and I'll copy paste to what Im reponding to
"Poland is in the EU and downloading copyrighted content for personal use is legal "
So once again, can you give me these TorrentFreak articles about pressing users from Poland that downloaded content for personal use?
Art. 23. 1. Bez zezwolenia twórcy wolno nieodpłatnie korzystać z już
rozpowszechnionego utworu w zakresie własnego użytku osobistego. Przepis ten
nie upoważnia do budowania według cudzego utworu architektonicznego i
architektoniczno-urbanistycznego oraz do korzystania z elektronicznych baz
danych spełniających cechy utworu, chyba że dotyczy to własnego użytku
naukowego niezwiązanego z celem zarobkowym.
jhadgt isalldzzb bzagu ztaszzvcp!
Either in English or shut up.
not talking to you, you can spend 10 seconds on translating it or get lost
Great! You have posted Art. 23.1 that allows to use content under "zakres własnego użytku osobistego" (own personal use) so let's now see one paragraph below:
Art. 23. 2: Zakres własnego użytku osobistego obejmuje korzystanie z pojedynczych egzemplarzy utworów przez krąg osób pozostających w związku osobistym, w szczególności pokrewieństwa, powinowactwa lub stosunku towarzyskiego.
Which translates to:
"Art. 23. 2: The scope of one's own personal use includes the use of single copies of works by a group of people in a personal relationship, in particular kinship, affinity or social relationship."
So you are allowed to make a single copy (download) if you are in relatioship with author. The problem here is that you are not, so what? This is the problem, because this is purely up to judge's interpretation and there was zero cases.
There is nothing that tells you its legal or illegal, its "gray area".
How dare you pointing at actual laws and reality! That's as if you took a fairy tale fanatic the "magic" away and demonstrating that fairies can not fly because they don't exist, you evil man.
fair enough, i guess art 23.2 can be interpreted as both "you cannot make a thousand pirated cd's as that's clearly not personal use" and "you cannot download a movie off the internet since it isn't a copy made by your friend"
Yes, its completly unclear where are limits and who isnt eligible.
For example ZAiKS takes a fee for playing public radio or some music in your business. So for example if barber turns on YouTube or radio, he needs to pay fee. He is not reproducing, he is not selling music, but for some reason he is not allowed to do it without fee. All countries have such gray areas in some aspects sadly.
Use search.
https://torrentfreak.com/police-arrest-3-pirate-site-operators-following-3-year-investigation-231109/
And of course the Vaulin case. But he fled Poland for good.
I'm responding to a guy that said
To which I replied that downloading by individual for private use is not legal, but a gray area zone and unless individual user will be sued then there is no interpretation of current law. Later I explained to him what is the problem with current law and he agreed to it.
So see, we (me and person to which I was responding too) understood each other.
He didn't wrote single word about sharing, neither did I.
You first told me that "we are talking about piracy for money" and now for some reason you are posting information about public warez/piracy groups.
Maybe vsys has warez sites on the server...
Look, you know how it's effectively a bullshit filing for show, right? Because Seattle is not exactly a barren city when it comes to IP firms of note, but the firm representing plaintiffs is not one of them. If they actually gave a shit they'd hire a firm that actually, I don't know, have won some cases on the merits on the issues in question? They're filing this because you can't get a visa on the basis of a civil suit having been filed, but no serious firm would do this sort of idiotic work and make themselves look bad in what ultimately is a niche - almost all legal fields are niches, but the Seattle IP crowd are the ones who routinely deal with everyone from Amazon to Microsoft to Valve to Wizards of the Coast, and bullshit cases like this where they are clearly going for a default judgment they'll never collect on are not going to be cheap. This is bottom of the rung stuff and one wonders why not ask for a bigger sum since you can literally put anything as damages, and making up astronomical sums is pretty routine. If the lead counsel, who unfortunately is an alumni of the law school I got my JD from (but fifteen years ahead of me), thinks that @vsys_host will actually respond, the 9th Circuit is not a good circuit to file a DMCA case in when there's a nexus test involved since idiotically companies in Hollywood have managed to use default judgments in this way for performative reasons so often that the circuit's case law is basically built with the assumption that one can choose Cloudflare IPs or specific edge servers - which is something that CDNs do not offer. Of course, one has every right to be aggrieved about this BS since people seem to take it seriously and if there wasn't a war going on I doubt they'd bother - since there's actually a chance of you showing up in court with someone who actually knows what they're doing. Hell, if you're in the US this case won't even survive a motion to dismiss with the right counsel. It won't set precedent and there's not much in it for you, but plaintiffs would end up paying legal fees and think twice.
If you got money to burn in your pocket, a valid visa to the US, and want to make a point, shoot me a DM if you want a referral to someone who's at a serious firm in Seattle and practices nothing but IP. I can refer you to the guy who defended against Wizards of the Coast and won, among other cases of much higher stakes and importance. It's pretty rare for someone to teach for free at a law school they didn't go to, but he basically had a head start at gettting all of the tech competent talent out of my school except me because I find the equating of intellectual and real property to be morally indefensible and the idea of enforcing the DMCA repugnant. In any case, it'll cost you less than the plaintiffs since the case won't survive a motion to dismiss, and I suspect that counsel knows full well that it won't because they put so little effort into covering the bases that they manage to undermine their own case by noting that you have 10+ employees but thinks that you are liable two hops over and across the corporate veil like you are running the operation solo from a basement. They don't even make an attempt to bridge the logic gap between ownership and actual control, and the complaint needs to stand on its own at the very least and not just state thing - and act as if colocation isn't a thing. In fact their complaint is so lacking in substance that in effect they are blaming you personally for all of the theoretical piracy that happens, which is laughable. This is how you lose a case, or, this is how you bilk Dish Network out of money. It's a shambolic complaint. But alternatively, they literally cannot collect from you, both on jurisdictional and practical grounds. I'm surprised they didn't blame you for AIDS, SARS, COVID, and the plague, since there are gaps that big in the complaint when it comes to piercing the corporate veil, one wonders if they've ever actually litigated a DMCA case before.
You have no obligation to do anything. It's laughable enough that I would critique the merits of the complaint, but that's me. Posting the complaint is not service, and there's an FAA NOTAM out that basically stops US carriers from flying into your country, a state department red notice. Also, even with a visa waiver, that is only good for tourism and service is employment, so process servers from the US would need to get proper authorization from your side. Although the fact of the matter is that they'll end up talking to themselves in a courtroom and lawyers love to bill for hours where they don't do shit. If Dish has that much money to waste, they should pay to carry live sports so pirates would actually have something to pirate from them. Seriously, the company is getting gobbled up by DirecTV because of serial mismanagement and dropping sports basically killed what little potential they had. It also makes this case extra ridiculous, as the one company that doesn't have sports channels crying over IPTV piracy. Fucking omnishambles.
Dish (Echostar) has a contractual obligation to fight piracy. Are you a kid? Your argument is all over the place. You don't think Dish has shutdown piracy all over the world? You should look at their court cases going back 25 years before ranting.