What the Federal court says file-sharing by children?
According to the court, meet the parents of their duty of supervision regularly already by the fact that the child on the prohibition of unlawful participation in Internet file sharing, teach - see the press report of the Supreme court to the ruling of 15.11.2012 I ZR 74/12 known as "Morpheus". What does this mean for you as a parent right now?
- After the judgment, there is no fundamental damage, the liability of parents for illegal file sharing of their minor children.
- It is enough, if you educate your child strongly about the illegality of and the participation in the so-called exchanges to prohibit.
- After the Supreme court ruling in no way a fundamental obligation of parents to constantly monitor the Internet usage of their children.
- Only in the case of a clear suspicion of or knowledge of violations of law, parents are to measures such as parental controls or port lock required.
How can behavior with parents upon receipt of a file sharing warning letter?
Since it is the "Morpheus"-judgment of a specific case and it is not clear whether all of the courts in similar cases, also to recommend the following Considerations, in order to avoid unnecessary risk:
- Parents or the owner should, in any case, a modified Declaration to cease and desist sending.
- Under civil law, a child of 7 can. Birthday liable, even for damages sued to be made. In the case of file-sharing warnings, this has not happened yet, but not excluded.
- Therefore, it is also recommend not to, upon receipt of a warning his children to advance.
- In case of unclear evidence is, and the owner remains responsible for everything that has happened over his Internet connection, and is taken in the so-called "liability for interference".
- You teach regularly to their children about the dangers of a violation of law on the Internet. This instruction, in the case of a the case of to demonstrate to we can recommend you to the "family contract for Internet use"
- You can contact in case of ambiguities or doubts as to a specialist lawyer for copyright.
