Warning music filesharing Court: incurred costs capped to EUR 100.00! Warning music filesharing Court: incurred costs capped to EUR 100.00! Since September 2008 section 97a para 2 UrhG has been in force. Pursuant to 97a para 2 UrhG only euro 100,00 must be charged for warnings provided involves 1 the initial warning, 2nd in a simple storage case 3. Nobel Laureate is actively involved in the matter. coupled with a substantial infringement 4. outside of the commercial transactions. Warnings in the file sharing area are associated with significantly higher costs but regularly and move mostly in the order of EUR 350,00 Euro 1.500,00. Whether the so-called Euro 100,00 clause of 97a Copyright Act on warnings in music file-sharing (warning file sharing, peer-to-peer networks, P2P) applies, is extremely controversial. While representatives of affected strong for this, to limit warnings on euro 100,00, Run industrial firms’ storm against the euro 100,00 Clause.
Background emerged the tendency of the courts since September 2008, Copyright Act not on file-sharing warnings to apply section 97a, para 2. “” The courts lacked the irrelevance of the infringement “as well as on the need for a simple storage case”. Now seems the Amtsgericht Frankfurt am Main (see Amtsgericht Frankfurt am Main, URT. v. February 1, 2010, AZ.: 30 C-2353/09-75) to have completed a change of direction. In a remarkable judgment, the Court declared the euro 100,00 clause with a full music album for applicable and heightened the legal fees on euro 100.00 so for the first time! Result of the decision the verdict makes many sufferers breathe easier, is nevertheless (yet) no reason for euphoria. Copyright infringement on the Internet of Abmahner can determine freely the venue (the so-called flying place of jurisdiction). The AG Frankfurt am Main is a decision left only isolated so far.
It remains to be seen whether other dishes such as follow the AG of Munich of this tendency. On warnings in the Film and pornography will not affect but initially the decision. We inform you in a free initial consultation about your options on a cease and desist letter to respond. Call it us under 07151 2095528 or via email at your lawyer Dr. Sven greets you warmly j.