If a warning about file sharing lands in your mailbox, it will initially be a big shock. But there are strategies for how you can respond.
Warnings about file sharing: Who is warning and what exactly it says
The lawyers who warn against illegal file sharing of films, series, music, audio books or software include Waldorf Frommer, Urmann & Collegen, Rasch, Nümann and Lang, Rainer Munderloh,schulenberg & Schenk, Kornmeier & Partner or law firms such illustrious names as WeSaveYourCopyrights. The law firms represent the actual rights holder, for example film or distribution companies such as Twentieth Century Fox.
- You should always take such a letter from a lawyer seriously and definitely respond to it, even if you are not aware of any guilt. The accusation of file sharing via Bittorrent or eMule often dates back months and the deadlines set by the lawyers are more than tight.
- The law firm usually requires you to submit a cease and desist declaration and to pay a warning fee.
- The latter usually amounts to “accommodating” damages of several hundred euros for the actual copyright infringement and a fee for the lawyer – this adds up to amounts between 700 and 1,000 euros.
- The actual amount in dispute is often set at between 8 and 10,000 euros.
Warning: Send modified cease and desist declaration
If you sign the cease-and-desist declaration sent with you, it always implies an admission of guilt and an acknowledgment of legal fees and damages.
- The actual main goal of a warning is to prevent a legal violation out of court and cost-effectively. In addition to his claim for damages and the assumption of legal fees, the rights holder is, above all, entitled to a cease and desist from the unlawful behavior.
- To fulfill this claim, you can also use a so-called modified cease-and-desist declaration (mod. UE). A mod. UE is (in contrast to the one pre-formulated by the warning lawyer) not an admission of guilt, but only promises to refrain from this legal violation in the future.
- You can find a sample letter of a modified cease and desist declaration in our download area.
- Incidentally, a mod.UE is also recommended in the case of the so-called “interference liability” – ie if your Internet connection was used for file sharing without your knowledge.
- Always send the modified cease and desist declaration by registered mail with acknowledgment of receipt; If the deadline is very tight, please send it in advance by fax or email.
- If you do not respond to a warning at all and do not send a modified cease and desist declaration, there is a particular risk that the warning person will get the court to issue an interim injunction. With such a “quick decision” from the court, the costs can quickly increase to several thousand euros, depending on the amount in dispute.
- The above-mentioned procedure is also recommended if you have been warned for using a streaming portal such as Redtube.
Call in a law firm: When does this make sense in the event of a warning
To avoid this risk, you do not necessarily need your own lawyer. The sample letters of the mod. UE that can be found on the Internet were usually written by lawyers.
- However, you should not forget that a cease-and-desist declaration is a contract for life and a hefty contractual penalty can be due if you are accused of violating the law again after submitting a cease-and-desist declaration.
- If you are unsure or want to avoid legal risks, you should seek legal advice.
Pay the warning sum: This is what you need to know
After submitting a modified cease and desist declaration, you now have to decide whether you will pay the warning amount or not.
- If you decide not to pay because you are not aware of any guilt, think the amount is excessive or see the whole thing as a rip-off, you will have to expect further payment requests/reminders until the statute of limitations expires. Sometimes this is followed by a court order, which must then be contradicted in full.
- Some law firms that issue warnings hire debt collection companies, which in turn attempt to collect the debts. The debt collection request should also be objected to once to avoid a Schufa entry.
- You should always be aware that the person giving the warning has 3 years to enforce his demands, this also applies to the legal fees for the warning. It is important to know that the statute of limitations always begins at the end of the year in which you received the warning. So if you received the warning in January 2024, the limitation period does not begin until the end of 2024.
- A limitation period of 10 years applies to claims for compensation for file sharing. During this period there is always the possibility of still paying. Even after receiving a statement of claim, a settlement is still possible, which is often not significantly more expensive than paying immediately.