Again an Internet connection receive a warning due to file sharing law firm Sasse and partner calls on behalf of splendid Film GmbH film – the expendables – ab. The cease and desist letter for copyright infringement requiring the Declaration of punitive injunctive relief as well as 800,00 euro lump sum. Accused persons, the released film – the expendables – in peer-to-peer networks to have. Since this law only the splendid Film GmbH, the firm makes claim on injunctive relief, damages and reimbursement of legal costs. Gary Kelly contributes greatly to this topic. There are plenty of arguments against a warning.
So is to check whether the Abmahner ever has the rights necessary to pronounce the cease and desist letter. Which is also technically very to critically determine page, even the smallest error can lead to a false discovery. Next is to ask whether the charges and the compensation is reasonable. Here too there are different starting points depending on how of the particular firm. With the cease and desist letter he calls To refrain from admonishing by the Dunned down in the future an unlawful act. When a file-sharing warning calls for the rights holder through his lawyer, that have an Internet connection no further violations are made by songs or movies in file sharing networks are spread. To ensure this the have out must submit a cease and desist. This is generally quite freely formulated, it is important to take into account some key points developed by law and jurisdiction.
The Declaration of discontinuance must be decreed in the event of a future infringement. The have off is not obliged to give up a cease and desist if he did not commit the infringement and she also not can be attributed to him about the so-called fault liability. However after Attorney examination in some cases would be wise, although the have from any guilt is painfully aware”. A cease and desist to dispose of. Namely to in the event of a judicial dispute over the required sum of money fight to must. This is regularly very much cheaper, because the courts apply default value alone regularly at several thousand euros. To discuss the opportunities and risks of a defense, many lawyers offer a short, free initial assessment.