Tuesday, August 21, 2007

If you receive a letter from Odex.....

After reading one of the entry in DarkMirage's Blog, I've decided to post part of his article here.

"Odex does not have a foolproof case in court.

There is little precedence to work with, but there are many holes in their argument. The only evidence they have of your infringement is the IP address, which may not be enough. Various people have also reported that they were turned away when they went to talk to Odex with a lawyer, which is an indication that Odex is uncertain about the validity of its claims. At least one person was advised by his lawyer to ignore the letter and delete all the things he downloaded. So far Odex has not taken any actions against him. If more people refuse to pay up, Odex may be forced to either sue someone to make an example of him or to give up on this whole endeavour. If they do sue, there is no guarantee of victory and it is very hard to guess how much damages the court will award even if they win. It may even be less than $3,000-$5,000.

You are not guilty until proven so in court.
You are not obligated to show anything to Odex just because they send you a letter. You do not have to admit to anything and you should not incriminate yourself. Ask them for all the evidence they have against you. Ask them to explain clearly how each piece of evidence proves their claims. Ask them for a breakdown of the payment and why the amount varies from person to person, especially since they claim that it is supposed to be for the fees they have incurred. Do not sign anything. Seek legal advice if possible."

Thanks to DarkMirage, I think we have some knowledge of the things we can do if we receive the so called "love letter" from Odex.

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