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Thursday, 9th April, 2009, 01:50 PM #1
My name is "Defendant Radzikowski"
As my topic was removed from WOTC post board i post it also here. Please read it before judging. I ma a long time part of friendly wizards community - many kno and use D&D ruletracker for 3 and 4 edition that was make by me ( and few other in case of 3.x version)
Hi my name is Chris Radzikowski 27 male Poland
This is open letter to the community and its explanation how the thing work in big world.
I'am long time player - started played when i was 14 for a long time i run community of RPG players. 50+ persons that play D&D, Nwod, Exalted and other great settings regullary and encouraged new members to join.
Iam also a long time MTG player. We run small non profit club where we play every weekend and try to enjoy RPG's as general. Most of our players are young ppl under 18.
I own and legally acquired almost 600 various books (including whole line of Forgotten realms that was my favorite setting - until 4th edition). In recent times when dollar in poland grow from 2.1 PLN to 3.3 PLN some of our players thinking about leaving RPG's which cost too much. We don't have serious retailer in poland and dead tree books cost alot more that printed on back covers (some shops sells it at price even 180 PLN per book - 55 $ ). I decided to buy electronic copies and borrow it inside the club the same goes with many e-magazines. Up to now i was sure that i know my players well. Anyway borrowing books for personal use between family, friends or other close ppl is legal in Poland and whole EU.
6th april i read about shutting down PDF business over Drivethrough network. Later i discovered announcement about "8 criminals that try to make lost millions profit from Hasbro". Today i visited enworld and saw 3 pdf - i was shocked when i saw myself as one of the Defendant.
According to papers CV 460 RSM I was sued with 3 UNKNOWN ppl for providing the books on the Scribdt.com website - i was sued for what?
Even WOTC dont know - they put to many "or" in the papers.
II 6. - show my person for that iam citizen of Poland - that right
just below in points 7-9 i see 3 unknown ppl that got book that i purchased and post it over net - I and WOTC dont even know who did it.
Yes i bought the all titles from the DT and borrowed it (according to my country law) to club members just as the libraries do.
According to logic - how can i be responsible for the act of the others?
I can legally borrow the car/money/bike etc but cant be sure how the borrower use it. If they make a car accident and kill innoncent ppl i cant be responsible for this. The same situation is with PDF. I borrowed the files in good faith that club members will learn something new and can enjoy more from the new material. Nothing was wrong until 3 unknown to me (and WOTC) person post the book over the website. Until today i didnt even know that such website exist.
As you can see iam member of that community since 2003 - i am quite active in electronic media and E-marekt. Some of my thoughts was written in the topic about closing PDF sale.
Speaking about piracy - some members in topic noticed that it was done a long time before, some saw that piracy actually help (and it could be true).
Latest acts of removing pdfs from sale - and in fact revoking deals that allowed 3rd paries to sell the books also act to the final customers. For now in my country iam owner of the illegal pdf-books (because deal allowing DT for selling it to me was canceled). I and all other lost the right to purchased pdf just because of the act of WOTC. The same is for all users ( in EU and 99 % sure that in whole world)
I was punished for legit act of borrowing the legally aquired book for the legal reason. Other 3 JD defendants was sued for clearly illegal things ( in my country too ) but i wasn't aware of that action and don't permitted that in my group. That stand against the point 43. That what i did was done outside of the US and clearly in the EU law permit.
Also publishing my last name is violation of law about personal data. In Poland You can't publish my full name until iam charged guilty.
As we can see law is strange - it depend on when you are and what you are - i don't commit any crime in US law - i dont post any books to the scribd.com website. Please find the 3 JD's iam curious too who did this.
I dont know if the action you made was right from the marketing point of view. Many see that act only encourage real pirates to act harder and faster.
Forgive my english - this is not my native language - comments mostly welcomed
Now iam not amazed why RIAA dropped suing 80+ years old ppl or kids
I wonder why they use US court not one in my country. If iam guilty according to my country law - i will not appeal or so.
there is many ppl that do similar things - borrow,share for common use. This is method that allow "seduce" others into buing the products.
I worked few months as the Warhammer representative - my job was to encourage new players to join and buy new products.
I did the same with rpg - many of my players in fact bought at least the miniatures. Still cant be sure how the books flew over the net and what real damaged it did. I dont see any numbers of view/downloads ( like in other 2 )
what if the books wasnt downloaded/viewed at all ? or if that wast even true >?
they sued me for acts of 3 unknown ppl that made yet unknown damage by downloading yet unknown pdfs ....
according to one of the attachements - they demand over 75 k $ for "yet unknown" proofs ....
Thursday, 9th April, 2009, 01:58 PM #2
Acolyte (Lvl 2)
Thursday, 9th April, 2009, 02:08 PM #3
I hardly belive that its true - other 2 cases have clear named defendants pointing who put the file and where. Its a criminal act in every normal country.
Buut in my case there is too much "yet unknown" damagaes
What if they dont find JD's ? how they caught other 2 and cant find remaining 3 ?
Thursday, 9th April, 2009, 02:12 PM #4
Myrmidon (Lvl 10)
I strongly suggest if you are who you say you are, to not speak about the case and get an attorney. Even if they can't prosecute you because you are in a foreign country, your statements could be used against you in the court proceedings.
Thursday, 9th April, 2009, 02:15 PM #5
Acolyte (Lvl 2)
The moral of the story is...Don't illegally share files. It's pretty much as simple as that. Whether you had control over what the 3 unknowns did or not, it was still you that shared the files (illegally).
Thursday, 9th April, 2009, 02:17 PM #6
Lama (Lvl 13)
- Join Date
- Feb 2003
- Gainesville, FL
- Read 0 Reviews
ø Block DaveMage
Thursday, 9th April, 2009, 02:26 PM #7
Waghalter (Lvl 7)
Well, I gotta give you props for writing. Welcome to the community. I'm fairly sure this is going to be... an emotional thread.
My responses below are going to take what you have to say at face value, with the caveat that you don't have oodles of credibility right now.
But, before you do any of that, you'll want to talk to a lawyer. Trust me: it's worth the expense. You definitely want to look into your liability for this other person's actions.
I hope you're telling the truth. And, if you're not, I hope you learned your very expensive lesson.
Thursday, 9th April, 2009, 02:27 PM #8
The Great Druid (Lvl 17)
- Join Date
- Jan 2002
- Woodbridge, VA 22192
- Read 0 Reviews
ø Block D'karr
Thursday, 9th April, 2009, 02:29 PM #9
Acolyte (Lvl 2)
- Re-read the purchase agreement when you bought your PDF. You likely signed away your rights to local laws and agreed to handle disputes in US court or US arbitration. Such provisions are standard with online purchases and they are enforceable.
- Get a lawyer, preferably one familiar with cases like this.
- Stop posting about this case anywhere (with every word you type, you are only damaging your defense).
- In commercial matters, your country may have an agreement with the US to accept the authority of a US court especially if you signed away your local rights.
Thursday, 9th April, 2009, 02:31 PM #10
Thaumaturgist (Lvl 9)
You should not be speaking about this on a public message board. Odds are you will make things even worse for yourself.
Originally Posted by roguerouge
Both sides should keep their discussions under wraps, and they should involve lawyers. Not fans on messageboards.
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