Warning Letter from e.g. Frommer Legal

After receiving a warning letter, for example from Frommer Legal, there are many questions. I would be happy to help you in this situation with profound knowledge and many years of experience. Benefit from my clear professional focus on copyright law and over 9 years of experience in file sharing cases. I offer you legal advice and the entire extrajudicial handling of the case at a fair fixed price. This gives you full cost control.

Your advantages at a quick glance:

✓ full cost control thanks to fair fixed price (for out-of-court processing).

✓ advice and representation by a specialist attorney for copyright and media law

✓ many years of experience with file sharing cases

✓ Consultation on site in Bochum or throughout Germany by telephone or video conference

✓ In case of warning letters from Frommer Legal (Warner Bros., LEONINE ,Tobis Film), Sarwari, RKA, Nimrod, CSR or IPPC LAW.

You are welcome to contact me at 0234 - 92334077 for a free initial assessment of your case.

Here you can find more information about warning letters from Frommer Legal in german.

Tips in case of file sharing warnings:

1. Stay calm!

The warning letter from Frommer Legal threatens to involve the courts if the set deadlines are not met. Nevertheless, one should not be guided by the first impulse and try to settle the file sharing matter as soon as possible. It is also not advisable to contact Frommer Legal by telephone. Especially in the case of file sharing, information is quickly disclosed that is detrimental to the person being warned.

2. Note the deadline

In the warning letter of Frommer Legal, two deadlines are mentioned: The shorter one refers to the submission of the cease-and-desist declaration. The longer deadline is for payment. The deadlines are rather short, especially in case of longer absences. Nevertheless, a response to the cease-and-desist letter should be made within the shortest period.

3. P2P software installed?

Has P2P software such as BitTorrent, FrostWire, Shareaza or Seedr been installed on your computer? In my opinion, this should definitely be uninstalled. Theoretically, P2P networks can be used legally. However, sharing content is only permitted if the rights holder agrees to it. However, this is usually not the case with feature films or series.

4. Did other persons have access to the network?

The owner of the connection usually has a so-called secondary burden of proof. As a rule, there is no liability for file sharing if another person had access to the network and can actually be considered as a user of file sharing software. However, this person must be named. Unfortunately, the legal details of the secondary burden of proof are not briefly explained. There are a large number of judgments and it is advisable to hire a specialized lawyer.

5. Use your chances of defense!

Frommer Legal issues a large number of file sharing warning letters. Due to the different facts of the case, the respective cease-and-desist letters require an individual response. I will be happy to represent you, as a specialist lawyer for copyright and media law, with my 10 years of experience in your file sharing case:

✓ Compliance with deadlines

✓ Taking over the entire correspondence with Frommer Legal

✓ Defending payment claim: Pay less or nothing

✓ Avoiding the submission of the cease-and-desist declaration, if necessary.

Warning letter from Frommer Legal: A brief overview

The law firm Frommer Legal (formerly: Waldorf und Frommer) is based at Beethovenstraße 12 in Munich. It currently issues the most cease-and-desist letters for file-sharing in Germany. It represents numerous large film production companies as well as sound carrier manufacturers and asserts cease-and-desist and payment claims on their behalf. For example, the company Warner Bros. Entertainment Inc. or LEONINE Distribution GmbH. On its website, it advertises that it is a "highly specialized law firm". In addition, it claims to be "a leader in large-scale legal projects, such as combating multiple manifestations of legal infringements on the Internet".

Therefore, if you have received a letter from Frommer Legal, it should not be assumed that it is a fake. The warning letter is effective even if it was not sent by registered mail.

I. Claims for payment

In a warning letter from Frommer Legal, a total amount of € 935.80 is demanded. This amount is higher if several films or episodes of a series are warned. In the case of one film, the above-mentioned amount consists of the damages in the amount of € 700.00 and the legal costs in the amount of € 235.80. The damages are demanded by the respective rights holder for the allegedly unauthorized use of his work. The legal costs are demanded by the law firm for the processing of the matter and in particular for the preparation of the warning notice.

In the past, warnings from Frommer Legal - at least in some cases - led to court proceedings if there was no response to the warning or payment was refused. Before this, however, one usually receives a letter with the subject: "Final demand for payment after submission of cease-and-desist declaration". In some cases, an order to pay was then requested.

II. Warning letter and the request to submit a cease-and-desist declaration

In the warning letter from Frommer Legal, a cease-and-desist claim is also asserted on account of the allegedly illegal file-sharing. It is aimed at ensuring that the film or series in question is no longer offered for download via the connection of the person being warned. In order to fulfill this claim, a prefabricated cease-and-desist declaration is enclosed with the warning. However, legal advice should be sought before signing the declaration. In the event of a breach of this declaration, a high contractual penalty can be claimed by the person warned. Under certain circumstances, it may also make sense to submit a modified cease-and-desist declaration.

III. Liability even if no file-sharing platform was used?

It is not possible to give a general answer to the question of whether the person being warned is also liable if he or she has not used a file-sharing site. This is due to the fact that in case law it is initially assumed that the person being warned is also the perpetrator. [It is the responsibility of the person who has been warned to disprove this assumption. Within the framework of his so-called secondary burden of proof, he must state who had access to his network and under what circumstances. In the past, there have been repeated rulings in which the requirements for fulfilling the secondary burden of proof were sometimes set very high.

It is therefore not advisable to ignore the mail from Munich, even if you have not used a file-sharing platform yourself.

IV. What to do in case of a warning for file sharing?

No reaction to the warning from Frommer Legal can lead to legal proceedings. This leads to a higher cost risk. From my experience, it is therefore advisable to seek legal advice and representation.

V. File sharing: How long can a warning be issued?

In my experience, most warnings are sent within a period of three months after the file sharing has occurred. However, there are also isolated cases in which the warning letter is received by the connection owner later. In some cases, there was a period of one year between the incident and the warning.

From a legal point of view, the right to cease and desist is subject to a limitation period of 3 years. This means that a warning can be issued within this period. In practice, however, it is the case that most cease-and-desist letters - as already described above - are issued shortly after the file sharing.

But beware: According to the case law of the German Federal Court of Justice, damages for file sharing can be claimed after up to 10 years after the alleged infringing act. Here you can find more information about the statute of limitations for file sharing.

VI. How does file sharing work?

Filesharing is different from streaming. In streaming, a film is made available on the Internet. The user only ever downloads the film sequences that he is currently watching or that he will soon watch (so-called buffering). In this process, the data in question is usually only stored for a short time and is not redistributed. Such temporary acts of copying, which are only fleeting or incidental, may be permissible under Section 44a UrhG. Further information on the legal classification of streaming can be found in the script "Internet Law" by Prof. Dr. Thomas Hoeren on page 619.

In the case of file sharing, however, the files are permanently stored on the end device and passed on to other Internet users. This transfer is legally classified as "making available to the public". The client software required for this uses a peer-to-peer network (P2P). The best-known and most widely used network is called BitTorrent.

There is a wide range of free client software available. Currently, the most popular program is BitTorrent. Followed by eMule, BitLord, FrostWire, uTorrent, Vuze, Shareaza, Ares, Amule, BitComet. The program interface usually looks like this:

MediaGet software is a torrent program with a special feature: it is equipped with real-time preview. This makes it possible to play videos or music already during the download. Due to this function, the user often assumes that it is "only" streaming. Technically, however, a peer-to-peer network (P2P) is used. The CouchPotato software works in a similar way. Here, there is also an overview page on which the individual movies are displayed with covers, as is familiar from Netflix or Amazon Prime.

Stremio, which is sometimes called a streaming app, is also a file sharing software. The app is advertised with the promise that all video content can be enjoyed in one place. Thus, the app is supposed to make it possible to watch feature films and series for free using a cell phone. However, when using Stremio, the file in question is redistributed in the background. This may result in the user of Stremio receiving a warning notice for file sharing.

VII. Beratungshilfe for Warning Notices from Frommer Legal

From my experience, consulting assistance is granted in case of warning letters from Frommer Legal, if the person concerned cannot afford legal representation. If you have already been granted counseling assistance, I will gladly represent you and take over the out-of-court correspondence with the opposing party. The application for legal aid can be downloaded from the Internet.

Currently, the following works are being warned off:

Movies:

The Supercops, Knives Out - Mord ist Familiensache, Wrath of Man [Cash Truck], Interstellar, Three Thousand Years of Longing, Elvis, The Batman, Saw 9: Spiral, Doctor Sleep's Awakening, The Haunting of Sharon Tate, Space Jam: A New Legacy, Batman v Superman: Dawn of Justice, The Lodge, Tenet, The LEGO Movie 2, Reminiscence - Memory Never Dies, Spiral: From The Book Of Saw, Zack Snyder`s Justice League, Chick, The Father, Tom and Jerry, Looper, Godzilla vs. Kong, Zack Snyder`s Justice League, Kimi no na wa. [Your Name - Yesterday, Today and Forever], The Mauritanian, Mortal Kombat Legends: Scorpion`s Revenge, Dune, Moonfall, Jolt, The Hobbit: The Battle of the Five Armies

Series:

Young Sheldon, Modern Family, Babylon Berlin, Shameless, Legacie, Rick and Morty