Who warns and what exactly is the warning?
To include the lawyers, the admonish because of illegal file-sharing of movies, TV shows, music, or Software, among other Waldorf Frommer, Urmann & Collegen, Quickly, Nümann, and Lang, Rainer Munderloh, Schulenberg & Schenk, grain Meier & partners or firms with such evocative names as the WeSaveYourCopyrights. The law firms represented the actual right-holder, e.g. Film or rental companies like Twentieth Century Fox.
- Such a lawyer write you should always take seriously and be sure to respond, even if they are unaware of any wrongdoing. Often the accusation of file sharing is via Bittorrent or eMule for months and the lawyers, and deadlines are more than tight.
- The law firm asks you with a cease and desist letter as well as the payment of a warning sum. The latter is usually on a "fair" compensation of several Hundred euros for the actual breach of copyright and a fee for the lawyer – so the amounts come between 700-1.000 Euro together. As the actual amount in dispute totals of 8-10 are often.000 euros. In spite of these high amounts of money you should do the first one: keep calm.
Modified Declaration to cease and desist sending
If you have the enclosed Declaration to cease and desist sign, implies this is always an admission of guilt and a recognition of the attorney's fees and damages. The main goal of a warning is, however, a breach of law, out-of-court costs affordable to prevent. The holder of the right has therefore, in addition to his claim for damages and the award of attorney's fees prior to a claim to cease and desist the unlawful behavior.
- To fulfil this claim, but you can also use a so-called modified Declaration to cease and desist (mod.To use the UE). A mod. UE is (in contrast to the warning-lawyer boilerplate), no admission of guilt, but only promises, in the future, this law infringement. A sample letter is a modified Declaration to cease and desist is, among other things, here to find. A mod.UE is recommended in the case of the so-called "liability for interference" - that is, if your Internet connection was used without her Knowledge, for file sharing. More in the article "file sharing by children - who is liable?".
- You can send the modified Declaration to cease and desist by registered mail with acknowledgement of receipt; in the case of a very short Deadline in advance by Fax or Email.
- You do not respond to a warning, and send not modified Declaration to cease and desist, there is the risk that the notice causes to the court for an injunction. In such a "fast decision" of the court of the cost, depending on the value in dispute quickly to a few thousand euros increase can.
- The above procedure is recommended, by the way, if you were warned due to the use of a Streaming portal, such as Redtube. More to read in this practical tip.
Is it worth it, in the case of a Abmahung a lawyer?
- To avoid this risk, you do not necessarily need a lawyer. The pattern of the mod letter. UE, which are to be found on the Internet, were written in the rule of lawyers.
- However, you should not forget, however, that a cease and desist letter is a lifetime contract and a hefty penalty may be due if you are accused of after the submission of a Declaration to cease and desist the infringement again.
- You are unsure or you want to avoid legal risks, you should take and still a lawyer.
Warning sum of numbers, or not?
After submitting a modified Declaration to cease and desist, you must now decide whether they want to pay the clause sum or not.
- You decide to not pay because they are unaware of any wrongdoing, and the sum is excessive or the Whole thing as a rip-off feel, you need to expect until the Statute of limitations with further requests for payment/reminders. Sometimes a court of order to speak to the full extent is.
- Some of the warning at the end of law firms to entrust the collection to try, for their part, the receivables collecting company. Also, the debt collection claim should be objected to, to avoid a Schufa entry.
Summary: So you could be on a file sharing warning letter to respond
Than unwilling to pay, you can pull for a short time, the following procedure into account:
- modified Declaration to cease and desist sending
- no further contact with the lawyers ' lawyer
- Reminder letter filing
- Debt collection or court order disagree
- in the case of receipt of an application as soon as possible contact a private attorney
A long breath is needed
You should always be aware that the notice of 3 to 4 years of time has its demands. For full Details the Statute of limitations can be found in this article. During this period, the ability to pay but still there is always. Even after receipt of a complaint, a comparison is not yet possible, the often much more expensive than to pay for it now.
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