Help with warning letters from Frommer legal!

In recent months, many individuals have received letters of warning from the law firm Frommer Legal, accusing them of the unauthorized use of the peer-to-peer (P2P) file-sharing program to download movies like "Dune". Movies are protected by copyright and can not be copied or downloaded without permission, and those who violate copyright law may face legal action. Frommer Legal has demanded payment of €700 for damages, €235.80 for legal fees, and a legally binding pledge to stop any further copyright infringement. The individual who has been warned must prove that  someone else had access to their Internet connection at the time of the infringement. The individual can reject the warning if they can show that their network was not adequately secured at the time of the infringement.

What do you need to know as the owner of the connection?

If your Internet connection was also used by other persons, such as family members, these persons can also be considered as perpetrators. Consequently, the presumption that you, as the owner of the connection, were the perpetrator no longer applies.
However, the mere assertion by the owner of the connection that "I didn't do it" is not sufficient for the court. Rather, the owner of the connection is obliged to provide the other party with information about the circumstances of the use of his Internet connection and to state by name who used the connection (so-called secondary burden of disclosure). This is intended to enable the rights holder to identify the perpetrator if necessary.
The owner of the connection satisfies this duty of disclosure and communication 
"by stating whether other persons and, if so, which other persons had independent access to his Internet connection and could be considered as the perpetrators of the infringement. To this extent, the owner of the connection is obliged to make inquiries within the bounds of what is reasonable." (BGH, judgment of 11.06.2015 - I ZR 75/14 marginal no. 37 - Tauschbörse III).
The subscriber can also reject the warning notice if he can prove that his network was not sufficiently secured at the time of the offense. In this case, too, persons other than the subscriber may be considered to have committed the infringement for which a warning has been issued.
If the subscriber meets his secondary burden of proof, it is again up to the warning party to present and prove the circumstances that speak in favor of liability as the perpetrator of a copyright infringement.

The attorneys of the law firm Dr. Wachs are personally available until 7:00 p.m. to help those affected.
The law firm  Rechtsanwälte provides support:

• Active for 10 years now
• More than 6000 mandates against Frommer Legal
• Knows the opponents also from court proceedings
• Knows to negotiate strongly 
• Is transparent and calculates fairly

The law firm Dr. Wachs Rechtsanwälte fights for connection owners. Even if no errors can be found in the opponent's set-up, our lawyers can work out a successful defense strategy, go into battle for you and minimize the damage. Call us to learn more. You are also welcome to email us or visit the firm's website. Here you will find further tips on Frommer Legal as well as a wealth of information on other exciting topics. You can find the law firm's phone number in the box at the top right of this post.