Will I Get Caught Downloading Music Illegally

We all have our reasons to turn to illegal download in Germany. For some it's virtually rampage-watching the latest HBO hit series, for others information technology'southward about getting their hands first on the latest Coldplay anthology. Some even want to get their hands on a rare 1991 version of the Star-Wars trilogy. Whatever it is, you might have gotten abroad with information technology in your home country. However, illegally downloading copyrighted content in Germany is severely condemned by law and is frequently enforced by individual law firms who send cease and desist letters.

If y'all are reading those lines, you are probably holding an Abmahnung letter from a German lawyer asking y'all to pay for compensation. I volition ask you not to panic and will reply to the many questions you take right now.

Warning letter illegal file sharing germany

Here is everything yous want to know on how to reply to a warning letter for illegally downloading copyrighted content in Germany.

Illegal download of copyrighted material in Germany – What you lot should know:

What am I really guilty of ?

German laws concerning file-sharing are pretty strict and clearly condemn any kind of file sharing activity related to copyrighted content. While both download and upload are condemned past law, it's actually in reality the uploading part of the process that will be rewarded with a alarm letter. Using services like torrent clients makes yous automatically share the file yous are downloading. This is why torrent and other P2P clients users receive a lot of letters from German lawyers.

Since April 2017, users of illegal streaming services (too broadcasting of live events) can also make it trouble because of a decision from the European Court of Justice. Information technology established (hither) that users of such services are indeed acting unlawfully. Withal, different P2P, it's very difficult to identify users of such streaming platforms as IP adresses are ofttimes not stored past these platforms in the long-term, making the enforcement unlikely. Only premium users can easily identified.

On the certificate, y'all might see a reference to the ready of laws dealing with copyright infringement in Deutschland; "Urheberrechtsgesetz" or "UrhG". The article making it illegal is § 19a UrhG.

Who is responsible and who should pay?

German courts have stated that the owner of the cyberspace access is in theory responsible for whatsoever wrong-doings happening on that network. They are responsible for securing it so other people don't use it to download copyrighted content in Germany. This might bring upwards tensions if you lot are living in a WG and it's not your proper name on the internet provider'south contract. In that case, the owner tin can "discharge" the fault onto the real culprit to be cleared of all charges if necessary.

How did they could identify me and find my accost?

Those German language law firms sending warning messages commonly rent specialized tertiary-political party services that are scanning P2P nodes and clients, recording IP adresses that are currently downloading illegally in Deutschland. They are and then authorized by police force to ask your net provider in Federal republic of germany to disembalm any data linked to that IP adress. This is how they obtained your private details.

Again, this is why constabulary enforcement is actually much more difficult to employ for illegal streaming services users. IP adresses are not stored on servers on the long-run and if the police should request a list, information technology's merely later a considerable amount of time. Beware however premium users; if you are paying a fee on one of those platforms, your IP will definitely be stored on the server, thereby increasing the risks of getting defenseless.

If you lot desire to protect your traffic and utilise all services privately, you can get a VPN in Germany that volition hide everything from anyone else. Yous can use NordVPN for example, which often considered one of the bests out at that place, especially since streaming works well with information technology and you connect upwards to 6 devices with ane business relationship (switch to English in the footer if needed).

Practice they really have the correct to claim and so much? Tin it really get to courtroom?

There is no clear set of rules that puts a effigy for infringements. The effigy is entirely up to them within a certain range. We will see later how information technology is possible to bargain it down a little. Although they do threaten to take this to court, information technology'southward relatively quite rare it happens. It by and large an argument to scare you into paying fast and without asking whatever questions.

Withal, make certain to see the difference between the unlike fees mentioned in this document. There are fees for sending you this Abmahnung, the fine mentioned equally repair for their clients (more details on that subsequently in the post). Also notation that a law passed in 2013 should limit Abmahnung and legal claim fees to 150€ & 450€ respectively.

Offense repairs on streaming cases are much lower, making it less assisting for law firms to pursue; legal claim fees remain the same as for P2P cases but the fine per film can only exist 5 to 10€.

Is this a existent German language law business firm and not a scam? Practise they really work with the copyright holders?

Now this is a little catchy because it is true that some scam letters (e.k from non-existing "Kroner & Kollegen" constabulary firm) have been sent around and they are not entitled to stand for the copyright holder. Nonetheless, most often than not, the warning letter for illegally downloading copyrighted content is a real i coming from a existent law house who represents company like Viacom, Sony, 20th Century Fox, etc.

Here are some law firms sending cease and desist letters in Germany (hat-tip to Raychenon.com):
Auffenberg, Petzhold, Witte; Baumgarten & Brandt; Bindhart , Fiedler, Zerbe; CSR; Daniel Sebastian; Denecke Haxthausen & Partner; Fareds; Johannes Rübenach; Kornmeier & Patner; Lihl; Lutz Schroeder; Marcus Meier; Marko Schiek; Negele; Nümann und Lang; Paulus; Philipp Marquort; Rainer Munderloh; Rasch; Reichelt, Klute, Aßmann; Sasse und Patner; Schalast & Patner; Scheuermann,Westerhoff, Strittmatter; Schutt, Waetke; SKW Schwarz; U+C; Vahrenwald & Kretschmer; Waldorf Frommer; WeSaveYourCopyrights; Winterstein; Zimmermann & Decker.

How to spot a fake end and desist letter for copyright infringement in Germany

Beware of the post-obit signs, they can be pointers. In incertitude, always consult with a professional person.

Y'all only go an electronic mail: Likewise this is possible is some other field of police, illegal file sharing cases always come by post.
It doesn't come with a cease and desist letter: If it'southward but request for coin with obscure legal jargon, information technology's worthless,
Fictitious law firm or no contact details to be establish.
A banking company business relationship located outside of Germany.
The copyrighted material is not explicitly mentioned or described, nor is their client clearly named.

Dominion number ane: Don't panic and don't send annihilation back

What is this "Unterlassungserklärung" document and what should I exercise with it?

Together with the alarm letter establishing your identity and the content, there is some other document called "Unterlassungserklärung". This is the German language equivalent to a end and desist alphabetic character that the constabulary firm wants you lot to sign to prove that you recognize yourself to be guilty of the accusations. Do non sign this document and do not send information technology back! By doing so, you would give more legal ground confronting you lot and would have to pay.

Cease and desist letter file sharing germany — Stop and desist letter for Downloading Deadpool (source: Quora.com)

How are fees structured? What is the legal basis behind them?

Constabulary firms in Germany are entitled by law to merits bounty on behalf of their clients for the infringement. The total number you might see on your letter is based on three different legal concepts:

Costs based on the stop and desist society (Unterlassungsansprüche)
Costs based on the actual compensation itself (Schadensersatzansprüche)
Costs based on processing fees involved in dealing with your instance (Aufwendungsersatzansprüche)

Working under the assumption that a signed end and desist letter volition preclude further infringements by the culprit, the police force firm will generally only press compensation and reimbursement charges.

Together, these mostly amount to around about ane.000€ per file. The processing fees are
calculated based on the compensation and end and desist charges, while besides beingness regulated by the German language lawyers remuneration deed (Rechtsanwaltsvergütungsgesetz, RVG). Equally a rule, the processing fees typically end upward in a range included betwixt 100€ & 300€.

Here is a instance based on real-life practices from a well known law house. In most cases:

The total number is 935,8€.
700€ is for compensation.
235€ is for processing fees.

Now tell me: what can I do about this warning letter

There are dissimilar courses of action you tin take at this point and i judge it depends on how bold you are and how good you are dealing with a possibly nerve-racking situation.

1- Pay-up right away

Allow's be honest now: those letters are an attempt at scaring y'all off and pressuring you into paying the total amount. This is even more impressive for a foreigner that doesn't understand German completely. You shouldn't panic and pay-up without asking any questions every bit there is room for negotiation. After all, y'all take to think that it is not the government sending you those letters; the fine hasn't been set by police force.

2- Do zippo

While crimper yourself in a ball and hoping that it will go away might not seem like the mature and adult thing to do, this reaction might still accept a few arguments for it. Reacting this way is basically counting on the weaknesses of the organization; those High german law firms are very busy you see. They send hundred of thousands of alarm letters a year to the boilerplate Joe for illegally downloading movies in Germany. They know very well that they won't be able to handle each individual case manually so they might no simply follow-up, should you not reply to their starting time Abmahnung.

And so again, at that place is also a practiced hazard that yous might be part of the chosen ones for whom it doesn't go away. If they practice follow-upwards, additional legal fees might occur and it can exist enforced. This is a chance you lot have if you pick this option.

Doing nothing is a feasible option but it can back-fire at you

3- Rent a lawyer

They come at you with legal weaponry? It's and then perhaps time to gear up with some of your own and get in touch with a lawyer. Judging from the cases i have heard around me and in forums around the internet, this seems to be a pop choice. Sure, information technology'southward not inexpensive but you might in turn save hundreds of euros for negotiating a cheaper fine or even non paying information technology all.

What a lawyer will do is to ship a modified terminate and desist letter in your behalf that basically says that you lot are sorry for what happened simply you still don't recognize that you are guilty and that you lot won't practice that in the time to come.

Fees for doing so with German language lawyers specialized in copyright infringement cases can vary, only y'all have to pay costs upfront without whatever guarantee.

four- Utilise a mediation service

All options listed before are all valid and should be advisedly considered. Withal, they come up with ane drawback: you spend a off-white chunk of cash, time or stress without any certainty on the legal effect of your case.

Some other option could be to plow to a mediation service like the one provided by Abmahnungshilfe. A platform similar this is specializing in reducing the amount of the claim. They piece of work with adept mediators and lawyers in
this field of law. Their offering is really well tailored to foreigners:

They provide this service digitally, 100% in English.
It is success-based. This means you merely pay something if your case is settled successfully and permanently.
They bank check your case for free.
Their fee is transparent (xxx-35% of the total savings made on the original merits amount).

It is about finding the correct strategy for you, whether that is negotiating a settlement with the law firm or fighting back with a lawyer. As it is success-based and the first check is for gratuitous, y'all can however make up one's mind to take one of the other options listed here, later they checked yous example. It is worth trying out by using the course on the homepage.

I wish you good luck in fighting confronting the odds. I hope this mail helped you understand your situation.

Also, if y'all want to utilize your internet admission equally you desire, don't forget you can fully hibernate your traffic with a good VPN similar NordVPN. Considered one of the bests on the market, safe and easy to use, it works well for this kind of use too.

Alert letters for torrenting – FAQ

I didn't know nigh the rules in Germany and I used a torrent client/streaming website! What are the chances to be caught and receive a letter?"

There are no rules defining the probability that y'all could get caught, and also no style to tell the filibuster with which you lot can receive this letter. Only fourth dimension can tell.

I used another service download content (Gdrive, WeTransfer, some random platform, etc), what are the risks?

This mail service is about torrenting and streaming. I cannot answer about whatever other means or technologies. Electric current tools available to police practices to track data transfers is merely applicable to torrent nodes and streams right now.

Disclaimer: this mail service is purely for informative purpose about what to do when caught illegal file sharing in Germany. It doesn't replace the counselling for a professional attorney. Please brand certain you fully understand your situation before taking any action. Improve safe than deplorable <3 <3 <three.

Sources: i, 2, 3, 4, five

Also a large cheers to Oliver from the Frankfurt Expat blog, whose postal service on the legality of streaming helped me fine tune some details of this commodity. If y'all are living near or around Frankfurt, check his blog out, it's a good read to discover the city.