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Die Kanzlei Himmelreither berät Sie bei Filesahring Abmahnung im Urheberrecht

FILESHARING

This website provides you with necessary information about a filesharing warning letter from any law firm. Please read carefully. For more detailed or further information, please call us and hand over the warning via Email.

In 2014 more than 74.500 owners of an internet connection received a warning letter about an allegedly copyright infringement. There are more than 70 law firms that are working for different kinds of copyright holders and send those warning letters. Considering German law the owner of the internet connection is strictly liable for the action taken place via this connection. That means apriori he is the one hold responsible for the consequences.
What we do is check your case carefully and find a suitable strategy to defend you against these law firms. And the best thing for you: Our initial assessment is free of costs.

First Steps after you received a warning letter

If you received a warning letter it is a common thing to feel shocked and upset. The high costs that are claimed as well as the short deadlines that are set might make you feel lost and desperate.

BUT:
1. Do not panic!

You may have read on the web, seen it on the news or found out from your research that you are not the first person to receive such a warning letter. There are different ways now how we can handle your case. Due to our expertise we are able to provide you with all necessary legal information and defend you. In that matter we will explain to you the situation you are in and your legal position as well as the options you have: Especially to deny the payment and to hand over a so called modified law declaration to cease and desist. In most of the cases a well prepared strategy leads to your success.
Beginning with the short deadlines the law firm set we should react immediately. For this reason we offer you a free first evaluation about your warning letter considering the charge of filesharing. In that matter you can call us or send us an email first and we will get back to you with our free call-back service.

2. Don't send back the attached law declaration to cease and desist

There is no legal obligation to send back the enclosed declaration to cease and desist. Especially if you don't wish to pay the offered settlement sum and instead fight back against the insinuation of a copyright infringement. But if you do sign that declaration provided by the opposite law firm, you acknowledge the obligation to pay immediately. There are different possibilities to modify the declaration in your favor and (important) in your special and personal case. There is no need to acknowledge the obligation to pay.

3. Do not pay the offered settlement

It might get to your mind that paying the claim could and would be the easiest way of getting out of that uncomfortable situation. In the majority of all the filesharing cases the big trouble begins with the first unreservedly payment because your payment contains an complied acknowledgement of the obligation to pay. In many cases the first payment is the kick off to send you more filesharing infringement letters about other files.

4. Contact our law firm

We are familiar with all kinds of strategies and methods how to deal with your filesharing warning.

  Dr. Henseler's Advice:
"Perhaps we should talk you through some of the options for replying to the warning letter in personal. Call us for your individual advice. We are specially trained for English speaking clients:
  we provide you with all necessary information in English
  we will represent and defend you in and out of court

 
  we will handle your case now and build up a strategy top prevent more warning letters in the future."

Here you find a short list of legal terms with English translation:

German technical term English translation
Abmahnung warning letter
Anschlussinhaber the person who owns the internet connection
außergerichtliche Vertretung out-of-court representation
außergerichtlicher Vergleich out-of-court settlement
einstweilige Verfügung injunction
einstweiliges Verfügungsverfahren injunction
Forderung / Geldforderung the sum being demanded or claimed / claim
Frist deadline
Gegenseite law firm that sends the warning letter/ the opposition solicitor
Gerichtsstand court with jurisdiction
Haftung liability
Inkassounternehmen debt-collecting agency
Klage lawsuit
Kostenrisiko cost risk
Mahnbescheid court order
Rechtsanwalt solicitor/ lawyer / attorney
Rechtsanwaltskanzlei law firm
Rechtsprechung case law
Richter judge
Schuldanerkenntnis confession statement
Stellungnahme opinion
Strafrecht criminal law
Strafrechtliches Ermittlungsverfahren criminal investigation
Täter offender
Tauschbörse filesharing network / peer to peer network
Unterlassungserklärung law declaration to cease and desist
Urheberrechtsverletzung copyright infringement
Vergleich settlement / agreement
Verjährungsfrist statute of limitation
Vollmacht power of attorney
Wahl des Gerichtsstands choice of court
Zivilrecht civil law