Again and again one hears from acquaintances or circle of friends that someone has received a cease and desist letter on suspicion of copyright infringement in file sharing networks. An Abmahung copyright infringement comes every day thousands of Internet users. Suddenly she is located in the mailbox: A warning protected songs or movies in file sharing networks for copyright infringement. These will be shipped usually of a fixed circle of large law firms. Examples include: BaumgartenBrandt, Waldorf the Rasch, Schenk, schulenberg and lawyers attorneys at law. In the letter the Dunned down are prompted to refrain from offering the files via download programs and to pay a lump sum. In addition, that the rights holder can shuffle also his lawyer costs onto the accused.
So a sum of up to 1300,00 euro emerges quickly. Moreover, the opposing side requires the Declaration of punitive injunctive relief. Signs with this, testified they never to offer files of the rights holder, and if it is the case be a set amount of money to pay. This sounds horrifying. To give some more sharpness all the deadlines are set shortly. Not to react as Dunned down and sit on their hands should exceed the period, so the firm can initiate further legal steps, which lead to a judicial request for payment of the amount. So it's fast and right Act. But is the correct way to get a picture, one being inclined to read in Internet forums.
The tips given are very helpful, but after following it can lead to complications. So many users advise to submit a so-called modified cease and desist, and to make no payment to the Abmahner. Whether that is advisable, we will see with time. For the time being, but should go the best legal way and fight "Fire with fire". Arise in connection with the Defense its position different questions: was there really this copyright infringement? And if so, the amount is not too high? The attorneys ' fees, are the is partially move the 400,00 euro, appropriate? Should I sign the enclosed Declaration of discontinuance in the attached form? Many courts consider counsel's fees covered and talked some limits. Mark Berger is a great source of information. It is clear that one can defend themselves and also do the trick. Maybe you must pay, but in many cases less than required. My tip in this case: they seek advice from a lawyer knowledgeable in the matter. Law firm Dr. Alexander Wachs