I had a 714a that discuss a few here.
As the title , is there some way to let my 714a do pi/pif test ?
It seems that Px-Tools does not support this function for my drive.
I had a 714a that discuss a few here.
Then don’t use Plextools. Plextor is doing that with the one and only purpose of annoying you.
PxScan works with your drive
I think your personal trouble with Plextor is affecting your judgement here. But then, you haven’t woken up and done the obvious (StGB 240) yet, haven’t you?
It’s a simple matter of fact that the PX-714 can do those scans (unless the person who reported to me that it worked lied) and that PlexTools doesn’t let you do it with that drive. If you want to draw a different conclusion, do so.
Also, the law you quoted is
StGB Â§ 240 NÃ¶tigung
(1) Wer einen Menschen rechtswidrig mit Gewalt oder durch Drohung mit einem
empfindlichen Ãœbel zu einer Handlung, Duldung oder Unterlassung nÃ¶tigt, wird mit
Freiheitsstrafe bis zu drei Jahren oder mit Geldstrafe bestraft.
(2) Rechtswidrig ist die Tat, wenn die Anwendung der Gewalt oder die Androhung des
Ãœbels zu dem angestrebten Zweck als verwerflich anzusehen ist.
(3) Der Versuch ist strafbar.
(4) In besonders schweren FÃ¤llen ist die Strafe Freiheitsstrafe von sechs Monaten bis
zu fÃ¼nf Jahren. Ein besonders schwerer Fall liegt in der Regel vor, wenn der TÃ¤ter
- eine andere Person zu einer sexuellen Handlung oder zur Eingehung der Ehe
- eine Schwangere zum Schwangerschaftsabbruch nÃ¶tigt oder
- seine Befugnisse oder seine Stellung als AmtstrÃ¤ger miÃŸbraucht.
So what are you actually talking about? I’ve marked the important word…
It’s like if the music mafia is sending you an “Abmahnung” about â‚¬100,000 (you probably know that they have the right to invent whatever phantasie number they want), making the lawyer’s fee being about â‚¬2,000, however ridiculous their claims are, Â§240 doesn’t apply, even if the high value has the only purpose of preventing the attacked from defending himself.
Threatening someone the way Plextor did, i.e. having a lawyer say that they will claim full damages, does not fall under Â§240 because it is not an unlawful threat
“Rechtswidrig” is (simplified) anything that cannot be legally justified (RechtfertigungsgrÃ¼nde; Verstoss gegen ein rechtliches Gebot oder Verbot). Of course following up ones own rights is a perfect legal justification. But if a legal justification is not existant and a claim only made to make a person comply in a certain way then that becomes legal abuse (Rechtsmissbrauch) and therefore Rechtswidrig. To put it in everyday words: Lying is not legally justified.
Addendum: Paragraph 2 of said article goes even further than the general definition of Rechtswidrig and let’s reprehensible acts (Verwerfliche Tat) suffice. So you don’t even need to act unlawfully but only morally wrong.
Now you have always said there was not ground to the claims of Shinano Kenshi …
You confuse the way it should be and the way the law is abused.
A lawyer sending out a “Massenabmahnung” can be taken to court, but the worst which can happen to him is that he isn’t payed for sending them by his victims. You can read more about it here and here. Now Plextor’s threat was much less than those…
Did you know that the EU already demanded that this “Abmahnung” stuff be stopped, but that our politicians refused that, because a lot of them are lawyers and want to be able to make money with this later again? If an Abmahnung is not illegal in the sense of Â§240 even when unjustified, how can a ridiculous email with a bunch of spelling errors be subject to Â§240…
thread needs a title change
It was answered in the second post. And now just a little discussions.
There is a difference in an Abmahnung turning out to be unjustified (not all of them are completely unfounded in the beginning, hoewer the built in ‘billing system’ is a licence to print money, i agree there) and an Abmahnung made in full knowledge of there not beeing legal grounds for in the first place and where the height of the sum claimed in eventual further proceedings is hoped to make the victim comply. That’s just plain extortion.
IMHO your case with Shinano Kenshi is the latter one. That’s why i’m pointing to Â§240.
(IMHO the Abmahnung-System in Germany is in open contradiction with several other laws of procedure (it creates unbelievable short-cuts and does not maintain an adversial procedure) and ultimately the constitution. I’ve been wondering that no one has taken it to Karlsruhe yet.
Hey, someone who actually tolerates and likes an OT discussion?
Because lawyers make laws for lawyers. Or: The rich will never get hanged. Or: You can be elected MdB without getting a single vote if your party is corrupt enough to give you one of the first places on the list.
Off topic - Thread Closed!