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My name is "Defendant Radzikowski"

Damador

First Post
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

SECOND POST

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 ....
 

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Damador

First Post

why lock - oppen letter from me for others - its a kind of warning what is copyright and what isnt copyright. it also put me in responsibility for the acts of 3 unknown ppl that done yet unknown damage.

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 ?
 

JohnRTroy

Adventurer
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.
 

Nightchilde-2

First Post
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).

Also, IBTL.
 

DaveMage

Slumbering in Tsar
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.


Yes, this.

Once the case has concluded (and presuming the settlement does not include a condition preventing you discussing it), please come back and discuss the process you went through.
 

roguerouge

First Post
Well, I gotta give you props for writing. Welcome to the community. I'm fairly sure this is going to be... an emotional thread.

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)

Done. And, also, that's really unfortunate that the WotC forum mods did that. I think this could be an excellent opportunity for dialogue.

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.

Hi my name is Chris Radzikowski 27 male Poland ...

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). ...

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.

I'd be shocked and appalled if the US outlawed sharing too.

i was shocked when i saw myself as one of the Defendant.

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.

Libraries may buy the books at a different rate than an ordinary consumer.

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.

There's a much greater freedom of the press law in the US than in the EU. We only protect minors from the release of such information.

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.

If true, you should probably report these persons to the authorities in your jurisdiction. Like, right now. That would increase the credibility of your story and would be the right thing to do as well. There's no reason you should pay 75000 bucks for the acts of another. Even telling the police in your district about your group and letting them investigate would be a good thing.

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.
 

D'karr

Adventurer
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.

Absolutely do this. You do not want to be the sole person out there without representation. The house of cards is already falling around you. Your best recourse is to be quiet and figure a way to bring all those points up with an attorney.
 

edbonny

Explorer
- 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.
 

Maggan

Writer of The Bitter Reach
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.

I'm quoting this again to give it emphasis.

You should not be speaking about this on a public message board. Odds are you will make things even worse for yourself.

roguerouge said:
And, also, that's really unfortunate that the WotC forum mods did that. I think this could be an excellent opportunity for dialogue.

I think it would be a catastrophe for WotC to get involved in a public "dialogue" concerning an active case in which they are suing other people.

Both sides should keep their discussions under wraps, and they should involve lawyers. Not fans on messageboards.

/M
 

roguerouge

First Post
And by report these persons, I mean that RPG group. You should tell your lawyer about the fact that you shared something with the group and give him the names of everyone in the group. If they're your friends, they should understand why you have to do that now and blame the people who betrayed their trust... which was not you.

If you're telling the truth and showed things to people you thought you knew, you're guilty of failing a sense motive check, not 75K worth of copyright infringement. The jackass who took your file and shared it with the world is. He's not your friend: he let you run the risk for his bad faith.
 

Morrus

Well, that was fun
Staff member
Who are you trying to convince? A public messageboard isn't really the right place to mount your legal defence, and WotC's lawyers cerainly aren't going to engage in legal debate with you here.

I'd get yourself a lawyer, ask him to prepare your defence, and submit it to the court at the appropriate time. But you will probably harm your defence by making posts like this, especially since you have now publically admitted to giving your friends copies of the PDFs.
 

roguerouge

First Post
And by report these persons, I mean that RPG group. You should tell your lawyer about the fact that you shared something with the group and give him the names of everyone in the group. If they're your friends, they should understand why you have to do that now and blame the people who betrayed their trust... which was not you.

If you're telling the truth and showed things to people you thought you knew, you're guilty of failing a sense motive check, not 75K worth of copyright infringement. The jackass who took your file and shared it with the world is. He's not your friend: he let you run the risk for his bad faith.
 



Damador

First Post
bad things is i cant afford any lawyer - especially that know US law and have experience in similar case.

As i wrote before the whole case wont show up unless 3 JD's actions

most of my players are under 18 - their parents wont allow them to make any testimony especially vs US - also as they are under 18 they cant make legal testiomony.


The point is that even if i commited crime i did it not in US territory (same case is for the guy from philipines)
 

crazy_cat

Explorer
...especially since you have now publically admitted to giving your friends copies of the PDFs.
I don't think mentioning that the reason you did this is because the books were expensive - and basically your friends didn't want to pay the cover price for them will have helped you very much either.

Listen to the advice being given. Don't say anything else, and get a lawyer.
 

roguerouge

First Post
I think it would be a catastrophe for WotC to get involved in a public "dialogue" concerning an active case in which they are suing other people.
/M

You're probably right. I was thinking more along the lines of discussion than legal implication at that point in my posting. You'll note that "get a lawyer" was, at least, one of my recommendations.
 

filthgrinder

First Post
Please, please, please, please stop posting at once. Get some legal advice from an actual in real life attorney who has experience in this types of cases. Discussion pending lawsuit is NEVER a good idea, no matter how right you are.

Second, this is a civil lawsuit, not a criminal lawsuit, which is why your name was released.

Third, please double check all the agreements you entered into when buying the PDFs.

Fourth, TALK TO AN ATTORNEY.

WoTC deleted the post because they are a division of HASBRO, a publicaly traded company. As most such companies they have the strict policy to NOT discuss pending legal cases. Besides, this is serious business, and should be handled with talks direct with them and their legal departments. Fans on a message board are not who you should be consulting with right now.
 


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