Google translate from German:
Porn streaming users get mail from the attorney
Previously, a warning was unthinkable because of the use of streaming services. But now the first cases are, as lawyers report. These are users of porn films. Benedict From Fuest
The Regensburg firm Urmann and colleagues (U + C) accepts German users of Porn Streaming Redtube portal targeted. The firm sent out this week hundreds of warning letters to Internet surfers who have allegedly seen several pirated porn on the U.S. portal.
Thus enters the well-known public Abmahn actions firm legally dubious territory: so far was the use of streaming portals as not justiciable because users view the contents there only, they neither save permanently on their devices yet they continue to spread via the Internet.
In the mass-mailed warning letter, the lawyers U + C set to a value in dispute of more than 1000 euros per prestigious porn movie - titles such as "Glamour Showgirls" or "Amanda's Secret" are mentioned. They call on this basis, in addition to compensation for the use and legal fees of just under 150 euros even the reimbursement of investigative costs in the amount of 65 EUR - 250 EUR to the addressee directly to the Swiss rightholder "The Archives" transfer.
Request under Section 101 Copyright Act
The postal addresses of the users has Redtube U + C measured at a standard request at the District Court in Cologne - and may have thus legally issued even on thin ice. The district court asks Internet providers regularly to to pass on the basis of determined on the network IP addresses of pirates, the contact details of their customers abmahnende law firms. To this end, the Agency must specify the IP addresses and the times at which the films were used illegally.
Serving as the basis for all information requests to Section 101 in the Copyright Act , however, requires an actual copyright infringement requires that in all likelihood is not present here because the users use the movie streaming for private purposes only, not save it on your hard drive, and it only during prestige hold in memory of your device. Also, the Düsseldorf trial lawyers and Lawblogger Udo Vetter doubts that users violate copyrights by streaming portals.
The Cologne Internetrechtler Christian Solmecke commented in an interview with the "world" the warning wave: "I doubt it, that the Cologne judge this request for information at all had been permitted to grant," he said. "Also, the users of Redtube could not know that the material was put there without any permission of the copyright owner online."
For lawyers, the phones are no longer silent
Solmeckes firm specializes in the defense in warning procedures, there are no longer available since yesterday evening quiet the phones: " With us, now more than 250 users have reported Redtube , which were reprimanded by U + C. " Solmecke is the face of this onslaught on the assumption that U + C has sent in the past week, a four-digit number of similar warnings. Reported the first time about the case had the Mainz lawyer Karsten guilders in his blog.
Questionable and not apparent from the warning letter, as U + C has determined the IP addresses of users of Redtube. Since the Redtube users upload data into the network itself, there for the duration of use, the IP connection only between the private IP address of the user and the streaming portal.
Whether Redtube has coughed up the IP addresses of its users, even under juridical pressure is not known. Alternatively, someone would have had to listen to the compounds of Redtube server - which, however, would most likely illegal. A response to a telephone request the "world" leaning U + C from - an e-mail request remained unanswered.
U + C is known for Abmahn actions on the edge of legality: 2012 the Landgericht Essen prohibited the firm, the names of Abgemahnt and unwilling to pay porn pirates to publish on the Internet .
Source:
http://www.welt.de/wirtschaft/webwel...om-Anwalt.html