Warning FAREDS for the musical work ‘ one more round in the order of the track by track records UG just recently flooded Germany again a warning wave of common industrial firms for the supposedly illegal down / upload music and films in so called Internet sharing. So here the industrial firm FAREDS because of the supposedly illegal down / uploads of music work “Michael mind project one more round” from the chart container “Office Summer Jam 2013”. The industrial firm FAREDS requires providing a punitive injunctive / Declaration of commitment, lump sum compensation for damages and reimbursement of legal costs in its warnings. Here comes an amount of 450,00 concluded. This has been exactly the impetus for this, that the Federal Government adopted a decision on the 28.06.2013, stating that the incurred costs should be capped drastically. This law is so far not yet final, because it only requires the consent of the Federal Council.
Should then the incurred costs capped are, that would be a significant loss of the music and film industry mean. I assume therefore, that such caps will not the consent of the Federal Council. Regardless of the District Court of Hamburg but has now in a latest decision by order of the 24.07.2013 (AZ.: 31a C 109/13) the approach of the Government applied and the threshold for such file-sharing matters on 1,000.00 capped. This follow the Attorney’s fees to the pursuit of such a copyright matter within limits and amount to approx. 150.00. If other courts follow this line, it will be apparent. These principles are however extremely favourable for your defense against the current wave of watchdog. Can absolutely help in receipt of such notice.
Bury your head in the sand. The cease and desist letters look very threatening and legally compliant. They are however not. In many respects, such warnings can be effective attacking. Especially sign nothing and pay nothing, before is not expert advice a lawyer specialized in copyright law caught up have. Download no pseudo-modified cease and desist from the Internet. They are not to judge whether such a declaration of discontinuance was also effectively modified. Also, a modified Declaration of discontinuance must be accepted also by the watchdog Office, so that the danger of the injunctive is eliminated. Nevertheless, they remain not idle, otherwise a judicial prohibition proceedings threatens you with costs of about 2,000.00 on each side.