Hey Guys,

I have a few concerns and questions that I need answered. I have Googled the laws extensively but would like some human perspective.

I have a friend who downloaded software from Vuze.com. The software is a language software and the torrent he downloaded contained files from a bunch of different languages offered by the company. My friend can burn the files onto a DVD and the DVD can be used on any computer. There is no installation required or anything like that. He has posted the software for sale or trade in various cities on Craigslist.com. Originally he was posting the listings and including the name of the software. Soon after he received a cease and desist letter from company demanding that he remove the listings and stop. After that, my friend decided to post the listings but this time not include the actual name of the company. In the postings he does not write the actual name of the software, but rather posts listings such as "language learning software for sale or trade". Since then he hasn’t received anymore notices from the company. Once my friend receives emails from people who are interested he informs them of the name of the software and arranges to mail them the software. He later received payment via mail or PayPal. Like I said, I looked up all the technical legal punishments such as 0,000 fines, etc. I need your input on a few different questions.

1. Does the fact that the name of the software isn’t publicly advertised matter at all?

2. How exactly are people usually caught? I’ve read that the FBI investigates these matters, but is that typical? Are they doing it on their own or are they asked to by the companies?

3. If caught, what is a realistic punishment? I have seen people sent to prison, but in the story I read the defendant had made millions off of the pirated software and had cars, etc. seized. Could you really go to prison?

4. If you are found guilty in civil court and are demanded to pay an astronomical figure in the hundreds of thousands, what do you do? Would you be forced to claim bankruptcy? Are you allowed to claim bankruptcy since theres no practical means for obtaining that kind of money?

5. Would you have any further warnings or would your house just get raided in an attempt to look for evidence?

6. What kind of lawyer would you need to defend yourself and how much would it cost? What could they do to help you?

Obviously this is a serious matter and your advice is greatly appreciated. I am aware of the laws and have looked up as much as I can but I value your personal input and would like to hear opinions on what would happen realistically.

Thank you for your time.
I only reposted this to get some more insight and hopefully some more detailed answers.

Technorati Tags: astronomical figure, cars, cease and desist letter, civil court, defendant, different languages, fbi, hey guys, human perspective, language learning software, language software, mail, paypal, postings, punishments, torrent

its from a credit card debt, which was turned over to Arrow Financial Services (a debt collector), they in turn had Mann Bracken LLP (a national collection attorney network firm) contact me to settle the debt. I made arrangements to pay the debt, and was making monthly payments, directly taken from my checking account. After paying 00.00 over several months time, I received an "Agreed Judgment" from Mann Bracken in which Arrow Financial Services is the plaintiff and is seeking a judgment against me. I was in communication with Mann Bracken and was told to sign the Agreed Judgment and they would agree to not execute, abstract, or otherwise seek to enforce the agreed judgment during the term of our temporary agreement, as long as I (the defendant) complies with the payment terms. I agreed to pay 0.00 monthly directly from my checking account for 9 months, then the parties agree to review the matter again and attempt to negotiate a final settlement agreement.
This was in Sept of ‘09, in which I was dealing with my daughter and my grandson who were in crisis and our family was occupied with their issues, so I had every intention of signing the agreed judgment, but I got distracted and didn’t sign it, so at the end of Oct ‘09, a "Final Default Judgment" was issued against me. I of course called Mann Bracken and was told that after our agreed 9 month period of consistent monthly payments, they would have the judgment taken care of.
So I made my monthly payments every month, but in Dec ‘09 the money was never taken out of my account, so I called Mann Bracken, but the phone # was no longer in service. I tried several different #’s and all were disconnected, then I read on line that Mann Bracken had been investigated/sued and went into bankruptcy! So I then contacted Arrow Financial Services, spoke to a representative, explained the situation, and was told that a new debt collector attorney will be contacting me, but that has been 6 months now, and no one has contacted me.
What do I do? How do I settle the debt, I am more than willilng to settle, and what do I do about the Final Judgment? I’ve pulled my credit report from all 3 credit bureau agencies, and there is no judgment listed. I contested the debt with Arrow Financial, but after the investigation, the debt still stands in effect on all 3 credit bureaus.
Do I need to hire a lawyer?

Technorati Tags: 9 months, arrow, attorney network, bankruptcy, checking account, collection attorney, credit card debt, debt collector, default judgment, defendant, financial services, intention, judgment against, mann bracken, money, plaintiff, quot, settlement agreement

I filed a small claim in my local circuit court. The defendant then decided he wants to settle out of court to avoid the hassle. I would also like to do this but I do not know how to cancel the court date. Is there a form? Do I even need to cancel? Should I just not show up? Has anyone gone through this before?

Technorati Tags: defendant, hassle, small claim

Hey Guys,

I have a few concerns and questions that I need answered. I have Googled the laws extensively but would like some human perspective.

I have a friend who downloaded software from Vuze.com. The software is a language software and the torrent he downloaded contained files from a bunch of different languages offered by the company. My friend can burn the files onto a DVD and the DVD can be used on any computer. There is no installation required or anything like that. He has posted the software for sale or trade in various cities on Craigslist.com. Originally he was posting the listings and including the name of the software. Soon after he received a cease and desist letter from company demanding that he remove the listings and stop. After that, my friend decided to post the listings but this time not include the actual name of the company. In the postings he does not write the actual name of the software, but rather posts listings such as "language learning software for sale or trade". Since then he hasn’t received anymore notices from the company. Once my friend receives emails from people who are interested he informs them of the name of the software and arranges to mail them the software. He later received payment via mail or PayPal. Like I said, I looked up all the technical legal punishments such as 0,000 fines, etc. I need your input on a few different questions.

1. Does the fact that the name of the software isn’t publicly advertised matter at all?

2. How exactly are people usually caught? I’ve read that the FBI investigates these matters, but is that typical? Are they doing it on their own or are they asked to by the companies?

3. If caught, what is a realistic punishment? I have seen people sent to prison, but in the story I read the defendant had made millions off of the pirated software and had cars, etc. seized. Could you really go to prison?

4. If you are found guilty in civil court and are demanded to pay an astronomical figure in the hundreds of thousands, what do you do? Would you be forced to claim bankruptcy? Are you allowed to claim bankruptcy since theres no practical means for obtaining that kind of money?

5. Would you have any further warnings or would your house just get raided in an attempt to look for evidence?

6. What kind of lawyer would you need to defend yourself and how much would it cost? What could they do to help you?

Obviously this is a serious matter and your advice is greatly appreciated. I am aware of the laws and have looked up as much as I can but I value your personal input and would like to hear opinions on what would happen realistically.

Thank you for your time.

Technorati Tags: cars, cease and desist letter, civil court, defendant, different languages, fbi, hey guys, human perspective, language learning software, language software, mail, paypal, postings, punishments, torrent

….after you get sued for building a faulty house for someone. The judge is in favour of the plaintiff, whose house you built. He rules that you must pay them ,000 to compensate for the cracks in the ceilings & walls and various other mishaps. You then, like a b*tch, file for bankruptcy. Don’t know how to phrase this, but: your claim for bankruptcy is accepted.
Replace the you with defendant. What prompts me to ask this is that the defendant walked out of court saying "You’re not getting one cent" to the plaintiff. Which, for comedic effect, i will add that he got punched in the face :L
Questions:
1) How does the plaintiff get his compensation, in civil law or whatever area of law? Are there alternative ways to gain compensation for this issue other than suing? Obviously the suing did not work out? Like for e.g. in criminal cases you can go to the Victims Compensation Tribunal if suing civilly does not work in your interests.
2) Does the defendant (in bankruptcy) have to sell all his assets and every cent of his future income goes to paying the defendant the compensation? Its only fair..
3) Does he get off scott free?

Thanks in advance Would appreciate it if any lawyers on yahoo could lend a hand in releasing me from confusion and unknowledgability.

Ps. The jurisdicton is NSW, Australia.

Technorati Tags: amp, assets, bankruptcy, ceilings, civil law, confusion, cracks, defendant, favour, free thanks, lawyers, mishaps, nsw australia, phrase, plaintiff, tch, thanks in advance, victims compensation tribunal, yahoo