Can I pay with installments?
Installment payments can be arranged. Due to the increased processing effort, the total amount to be paid increases. Call us and we’ll decide on appropriate terms.
You will receive a confirmation of the installments upon your first installment payment.
What if my kids made the data exchange?
If you know which of your children made the exchange, you must notify them, otherwise you will be liable yourself (BGH, judgment of 30 March 2017, AZ: I ZR 19/16).
Minors are liable for themselves as well (BGH, decision of 03.02.2011, AZ: I ZA 17/10).
If you complete the payment, the process is complete. No further claims will then be made, including against your children or other family or household members.
Do I have to hire a lawyer?
You are free to hire a lawyer. This will create extra costs for you. It is questionable whether a lawyer can help you fight the claim. If you think you have a special condition that justifies a reduction in your payment, give us a call. We can discuss your situation together and possibly adjust the offer to this condition. This way you can settle the claim without a lawyer.
Where did you get my data from?
Expert investigation software has determined that your IP address has committed the infringement at the time of the investigation. The competent regional court then issued a judicial order pursuant to § 101 IX of the Copyright Act, according to which your Internet Service Provider (ISP) is authorized and obliged to disclose the data. The reference number of the court order on the basis of which the data was released is given in the warning.
My IP address is different than the one specified in the warning.
Most providers assign IP addresses dynamically. The IP addresses are then reassigned approximately every 24 hours. The providers save the connection data for seven days. During this time, we obtain the court order for our respective client and thus request that the provider secure and hand over the data in a timely manner. The information provided by your provider shows that the IP address was assigned to your connection at the time of the infringement. This assignment can be described as safe (BGH, judgment of June 11, 2015, file number: I ZR 19/14).
My provider is different than the one specified.
Some providers obtain their IP addresses from other providers because they do not maintain their own network. The provider from whom your provider obtained this network capacity can in some cases provide the information directly, in others your user ID will be communicated to your provider, who will then have to provide information based on this data (BGH, 07/13/2017 – I ZR 193 / 16).
Should I expect a criminal complaint?
The unauthorized exploitation of works protected by copyright constitutes a criminal offense pursuant to § 106 UrhG and is punishable with imprisonment of up to three years or a fine. The attempt is also punishable.
However, in most cases our clients refrain from filing a criminal complaint.
Nevertheless, if no cease and desist letter is issued after receipt of the warning and violations of the rights of our clients persist, a criminal complaint can also be filed in individual cases. Therefore, make absolutely sure that no further distribution of our clients’ works takes place via data exchanges.
It wasn’t me and I can’t explain the infringement.
You were identified as the subscriber. Only you can know who committed the infringement via your connection. According to case law, the actual presumption applies that you committed the act yourself (BGH, 30.03.2017 – I ZR 19/16). You must now meet your secondary burden of explanation to shake this factual presumption that speaks against you. The jurisprudence applies strict standards to this. In the event of a copyright infringement committed by parents via an Internet connection maintained by participating in a data exchange, the secondary burden on the subscriber in the event of a claim by the author or the owner of a related property right includes the name of their adult child who has admitted to them that the infringement was committed (BGH, 30.03.2017 – I ZR 19/16).
Until then, you will still be considered the perpetrator.
Ask everyone in your household. The situation can almost always be clarified in this way.
However, it is not sufficient to refer to the possibility of use by family members or other people living in the household. The connection owner must also provide further details on the time and type of use of the connection by these family members or household members (see ECJ, judgment of 18.10.2018 AZ: C-149/17). If this does not happen, the connection holder remains liable.
I know who committed the infringement.
In this case, the person who committed the infringement is liable. If you make that person sign a written admission of debt, the claim will be rewritten for that person. If it is a member of the household or family, for example your child, you can also settle the complaint yourself and the file will then be settled for everyone.
I have other questions that have not been explained.
You can reach us on 030 – 577 004 999 between 9 a.m. and 5 p.m. If you call outside of these hours, you can leave your phone number, name and file number. We will call you back.