BakaBT > Need Help? Ask Here

WTA: Torrent-ing in Germany

<< < (5/5)

Bob2004:

--- Quote from: SirSkyRider on January 06, 2013, 11:02:31 AM ---
--- Quote from: Bob2004 on January 06, 2013, 10:45:55 AM ---Indeed. You're unlikely to have any problem with it unless you're downloading porn, or films/music from smaller studios/record labels. But I think it has actually been ruled to be legal in Germany - hence it being so prevalent there. Though I might be confusing it with something else.

--- End quote ---

The people that send out these letters are rarely law offices. They're mostly collection agencies (or something of the sort) – nothing official about these practices. If it were a term of legal action, an officially appointed lawyer would be involved. Plus, most of these offices demand payment via paysafecard or something similar - no law office would demand money in the first place, and especially not in such a manner.

What you should do if you come across this: Go see a lawyer and ask for a C&D letter. Do not pay and do not simply ignore it.

--- End quote ---

You misunderstand me - I don't mean that it's a proper legal mechanism or anything, just that it has been ruled to be legal when challenged in German courts - as in, not illegal. As for those who make use of such strategies, they are sometimes law firms - for example, the companies who attempted it in the UK, Davenport Lyons and ACS Law, were both law firms. But it is equally as often specialist data collection firms, anti-piracy companies, or even rightsholders themselves occasionally (although a lawyer will be the one to file the court documents needed to request the personal details of targets).

But it is always on behalf of the rightsholder, on their authorisation. So it is official. As for whether or not they're legally entitled to use such techniques, that depends on the country. I think so far in Germany it's only been ruled to be legal to do it - I don't know if you can actually be sued for refusing to pay up.

FlyinPenguin:
So I guess things are different here in the US (no surprise). Apparently, despite international treaties, the US will not allow foreign copyright holders to sue for damages unless they hold a copyright in the US.

I highly doubt US law enforcement is going to bother protecting foreign copyright interests when they can't even protect our own.

Rondaru:
The primary difference in Germany is, that copyright infringements are treated like regular theft in that respect that anyone who is aware of one can press charges against the offender - not just the actual holder of the copyright like in the USA.

In such a case it will be treated both as a punishable criminal offense and possibly seperately in civil court if the copyright holder decides to sue too.

Due to this, it has become a sad practice in Germany that lawyers are hunting torrent uses on the internet that seed copyrighted material, try to identify them and then "threaten" them with a cease and desist letter for money to "settle" the case out of court ... or else they will press charges. Calling that "legal fees" which unfortunately does make it legal. But even German judges have started to frown upon that practice.

Most people here apparently just pay out the lawyers because they want to avoid criminal charges. If criminal charges were actually pressed, most people that torrent for private use might actually get off free on pettiness of the offense. It's usually just those that do seeding on large scale and even for money, that have to be afraid of getting busted. But there is never a guarantee and it's up to the judge.

megido-rev.M:

--- Quote from: Rondaru on January 06, 2013, 04:47:10 PM ---The primary difference in Germany is, that copyright infringements are treated like regular theft in that respect that anyone who is aware of one can press charges against the offender - not just the actual holder of the copyright like in the USA.

--- End quote ---

They've been going at it for a long time as well.

Gottlich:
Hello everyone,

thank you again for all your replies, it seems that the discussion has gotten pretty serious.

I'm quite surprised with all these suing mechanism. Such problem doesn't occurs in developing country like mine.

I didn't know that it is common in industrial countries like US, Europe, etc.

Regards.

Navigation

[0] Message Index

[*] Previous page