Help: I ​​was caught downloading illegally in Germany (2023)

We all have our reasons for turning to illegal downloading in Germany. For some it's about watching the latest HBO hit series, for others it's about getting your hands on a rare version of the 1991 Star Wars trilogy. Whatever it is, you might have gotten away with it in your home country. However, illegal downloading of copyrighted content in Germanyseverely condemned by lawand isoften enforced by private law firms sending cease and desist letters.

If you are reading these lines, you are probably holding oneWarningLetter from a German lawyer requesting payment of compensation. Don't Panic: This guide will answer the many questions you have right now.

Here iseverything you want to knowhow to react to a warning about illegal downloading of copyrighted content in Germany.

Caught Torrenting & Streaming in Germany: TL;DR

What follows is a long guide on the subject. Here are the key takeaways and action points.

• When using torrent clients, uploading/sharing with other users on the same node is punishable.
• Private practices have specializedin dealing with copyright infringement. They use special technology to identify you with the help of your ISP. This is allowed in Germany and not very regulated.
• Not all warnings you receive are real. Some are just scams.First check the authenticity of the letter.
• The letter will be very menacing, list big numbers and big consequences. This is pressure to pay immediately, no questions asked.
• Never sign and pay immediately!
• Use a insteadspecialized mediation serviceto get you out of this situation. They will help you reduce the fine and negotiate (in English). Lawyers are also an option, but it's usually more expensive and stressful.
• Using a VPN in Germanyis usually a good idea to avoid this situation in the future.

Read on for more details and feel free to leave a comment if you have any questions.

Bastien

Illegal downloads of copyrighted material in Germany – What you should know:

What am I really to blame for?

German laws on file sharingare quite strictClearly condemn any kind of file-sharing activity related to copyrighted content. While both download and upload are condemned by law, it is inReality is the upload part of the process, which is rewarded with a warning. By using services like torrent clients, you automatically share the file you download. Because of this, users of torrent and other P2P clients receive many letters from German lawyers.

Since April 2017, users of illegal streaming services (including the transmission of live events) can also get into trouble due to a decision by the European Court of Justice. It has established itself(Here) that users of such services are actually acting illegally. Unlike P2P, however, it isUsers of such streaming platforms are very difficult to identifyas IP addresses are often not stored long-term by these platforms, making enforcement unlikely. Only premium users can be easily identified.

On the document you may see a reference to the laws dealing with copyright infringement in Germany;„Copyright Law” or “UrhG”. § 19a UrhG is illegal.

Who is responsible and who has to pay?

German courts have determined thisThe owner of the Internet access is theoretically responsible for all misconduct on this network. You are responsible for securing it so that other people do not use it to download copyrighted content in Germany. This can cause tension if you live in a flat share and your name is not on the Internet provider's contract. In this case, the owner can "dump" the error on the real culprit, if necessary, to absolve him of all allegations.

How could they identify me and find my address?

Warning German law firms usually hirespecialized third-party services that scan P2P nodes and clients and record IP addresseswhich are currently being downloaded illegally in Germany. They then have the legal right to ask youInternet provider in Germanydisclose any information associated with that IP address. This is how they got your private data.

Again, this is why criminal prosecution is really that much harder to apply for users of illegal streaming services. IP addresses are not stored permanently on servers and if the police should request a list, then only after some time. However, watch out for premium users; Paying a fee on any of these platforms will definitely store your IP on the server, increasing the risk of being caught.

If you want to protect your traffic and use all services privately, you can use aVPN in Germanythat will hide everything from everyone else. You can useNordVPNfor example, which is often considered one of the best out there, especially since streaming works well with it and you connect up to 6 devices to one account (switch to English in the footer if needed).

Do they really have the right to ask so much? Can it really go to court?

There is no clear set of rules that shows violations. The character is completely up to you within a certain range. We'll see later how it's possible to trade it down a bit.Although they threaten to take this to court, it's relatively rare. It's mostly an argument to get you to pay quickly and without questions.

However, it is important to note the difference between the various fees mentioned in this document. There are fees for sending this warning notice, which is mentioned as a fix for their customers (more details on that later in the post). Also notethat a law passed in 2013 should limit the warning and lawyer's fees to €150 and €450 respectively.

Crime repairs in streaming cases are much lower, making them less profitable for law firms to pursue; The fees for legal claims remain the same as for P2P cases, but the fine per film can be as little as €5-10.

Is this a real German law firm and not a scam? Do they really work with the copyright holders?

Now this is a bit tricky, because it's true that some scam letters (e.g. from the non-existent law firm "Kroner & Colleagues") have been sent around and they are not authorized to represent the copyright owner.Most of the time, however, the warning for illegally downloading copyrighted content is genuineComing from a real law firm representing companies like Viacom, Sony, 20th Century Fox, etc.

Here are some law firms that send warning letters in Germany (hat tip onRaychenon.com):
Auffenberg, Petzhold, Witte; Baumgarten & Brandt; Bindhart, Fiedler, Zerbe; CSR; Daniel Sebastian; Denecke Haxthausen & Partners; Fareds; Johannes Rubenach; Kornmeier & Patner; lihl; Lutz Schroeder; Marcus Meier; Mark Schiek; negele; Numann and Lang; Paul; Philip Marquort; Rainer Munderloh; quick; Reichelt, Klute, Assmann; Sasse and Patner; Schalast & Partner; Scheuermann, Westerhoff, Strittmatter; Schutt, Waetke; SKW Black; U+C; Vahrenwald & Kretschmer; Waldorf Frommer; WeSaveYourCopyrights; winter stone; Zimmerman & Decker.

How to recognize a fake warning for copyright infringement in Germany

Pay attention to the following signs, they can be clues. When in doubt, always consult a professional.

• You only receive an e-mail: This is also possible in another area of ​​law, illegal file sharing cases always come by post.
• It doesn't come with a cease and desist letter: if it's all about money with obscure legal jargon, it's worthless,
• Fictitious law firm or no contact information to be found.
• A bank account outside of Germany.
• The copyrighted material is neither expressly mentioned nor described, nor is its client clearly named.

Rule number 1: Don't panic and don't send anything back

What is this declaration of approval and what should I do with it?

Along with the warning to establish your identity and content is another document entitled "cease and desist“. this is thatGerman equivalent of a cease and desist declarationthat the law firm wants you to sign to prove that you feel guilty about the allegations. Do not sign this document and do not send it back! This would give you more legal basis and you would have to pay.

How are the fees structured? What is the legal basis behind this?

Law firms in Germany are legally entitled to claim damages for their clients for the violation of rights. The total number you may see on your letter is based on 3 different legal concepts:

• Costs due to the injunction (injunctive relief)
• Cost based on actual compensation itself (claims for damages)
• Cost based on processing fees associated with processing your case (claims for reimbursement of expenses)

Assuming that a signed cease-and-desist letter prevents further violations by the perpetrator,as a rule, the law firm will only assert claims for damages and reimbursement.

Together, these usually amount to around €1,000 per file. The processing fees are
calculated on the basis of the severance payment and cease and desist compensation and is also regulated in the Lawyers' Fees Act (Attorneys' Remuneration Act, RVG). As a rule, the processing fees typically end up in a range between €100 & €300.

Here is an example based on real practicesfrom a reputable law firm. In most cases:

• The total is €935.8.
• 700€ as compensation.
• 235€ are processing fees.

Now tell me: What can I do about this warning?

There are several choices you can take at this point and I think it depends on how brave you are and how well you handle what may be a nerve-wracking situation.

1- Pay immediately

Let's be honest: these letters are an attempt to deter you and urge you to pay the full amount. This is all the more impressive for a foreigner who does not fully understand German. YYou should not panic and pay without asking questions because there is room for negotiation. Finally, you must remember that it is not the government that is sending you these letters; The fine is not set by law.

2- Do nothing

While it might not seem like the mature and grown-up thing to curl up in a ball and hope it goes away, this reaction might still have a few arguments in favor of it.Anyone who reacts in this way is basically relying on the weaknesses of the system; These German law firms are very busy, as you can see. you sendHundreds of thousands of warnings per yearto the average Joe for illegally downloading movies in Germany. They know full well that they won't be able to manually process every individual case, so they may not be able to follow up easily if you don't respond to their first warning.

Then again, there's also a good chance you're among the chosen few for whom it doesn't go away. If they follow up, additional legal fees may apply and it may be enforced. That's a risk you take if you choose this option.

Doing nothing is a viable option, but it will often backfire

3- Hire a lawyer

They're coming at you with legal guns? Then maybe it's time to arm yourself and contact an attorney. Judging by the cases I've heard around me and on forums on the Internet,This seems to be a popular option. Sure, it's not cheap, but again, you could save hundreds of dollars by negotiating a cheaper fine or not paying everything at all.

What an attorney will do is send a modified cease and desist letter on your behalf, basically saying you're sorry about what happened but you still don't acknowledge that you're guilty and that you won't be in the future will do.

The fees for this with German lawyers specializing in copyright infringement can vary, but you will have to pay the costs in advance without any guarantee.

4- Use an intermediary service

All options listed above are valid and should be carefully considered. However, you have a disadvantage: You invest a lot of money, time or stress without having any certainty about the legal outcome of your case.

Another possibility would be to Contact an exchangeas provided bywarning help. Such a platform specializes in reducing the amount of damage. They work together with experienced mediators and lawyers
this area of ​​law. Their offer is really well tailored to foreigners:

• They offer this service digitally, 100% in English.
• It depends on success. This means that you only pay if your case is successfully and permanently settled.
• They review your case for free.
• Your fee is transparent (maximum 30% of the total savings on the original claim amount).

It's about finding the right strategy for you, whether it's negotiating a settlement with the law firm or fighting back with an attorney. Since it is success-based and the first review is free, you can still choose one of the other options listed here after reviewing your case. It's worth trying out by using theform on the home page.

I wish you luck in fighting the odds. I hope this post helped you understand your situation. Let me know in the comments if you have any questions.

Bastien

Also, if you want to use your Internet access as you please, don't forget that you can hide your traffic completely with a good VPNNordVPN.Considered one of the best on the market, it is safe and easy to use and is also suitable for this type of use.

Torrenting Warning Letter FAQ

Disclaimer: This post is for informational purposes only on what to do if caught illegal file sharing in Germany. It does not replace advice from a specialist lawyer. Please make sure you fully understand your situation before taking any action. Safe is safe <3 <3 <3.

Sources:1,2,3,4,5

Also a big thank you to Oliver from theFrankfurter Expat-Blog,its contribution to the legality of streaminghelped me refine some details of this article. If you live near or near Frankfurt check out his blog, it's a good read to discover the city.