tag:blogger.com,1999:blog-5574479.post900467263863640069..comments2024-03-29T06:53:23.405+00:00Comments on The IPKat: Has illegal filesharing just become "a little cheaper" in Germany?Verónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-5574479.post-74648419900287185712010-10-29T21:07:06.943+01:002010-10-29T21:07:06.943+01:00I'm surprised that the age of the tracks was a...I'm surprised that the age of the tracks was a material consideration. The Hendrix Estate and whoever holds the rights to Mr Presley's material these days might have cause to be concerned...Tevildohttps://www.blogger.com/profile/04769687740240529112noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-91457080900525415692010-10-29T15:01:54.779+01:002010-10-29T15:01:54.779+01:00Jan-Peter, she was asking a rethorical question......Jan-Peter, she was asking a rethorical question.... :-) Did you recently also ask about Amerikat's spelling of President Obama?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-4078936719850119702010-10-29T14:14:46.539+01:002010-10-29T14:14:46.539+01:00Anonymous, not only am I German but a German IP at...Anonymous, not only am I German but a German IP attorney. <br />I might add that I would actually lose some business if the warning letter industry were to collapse.Jan-Peter Ewerthttp://www.linkedin.com/in/janpeterewertnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-82539298078729337592010-10-29T10:44:24.274+01:002010-10-29T10:44:24.274+01:00Jan-Peter, you are German, aren't you?Jan-Peter, you are German, aren't you?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-90219501655930224282010-10-28T20:59:33.270+01:002010-10-28T20:59:33.270+01:00Allow me to disagree. This decision changes nothin...Allow me to disagree. This decision changes nothing. The money in the warning letter industry is not in the damages based on the respective licenses, but in the compensation of the attorneys' fees. <br />As you may know, German law provides for automatic compensation for your necessary legal costs from your opponent. This is the only reason this scheme works. Yes, the son had to pay but 30 Euros in damages, but the father had to compensate the opposing attorney for his work in an amount so far undisclosed. <br />German "law firms" representing record labels send out tens of thousands of automated identical warning letters based on IP addresses they automatically harvest in filesharing systems. There is no reason whatsoever that these form letters be signed by a lawyer except for one - only if it is signed by a lawyer does it warrant automatic compensation of fees, in the best case only a couple hundred Euros but usually more. <br />Don't get me wrong - I'm all for protecting IP. But claiming that it is necessary to have these thousands of identical letters signed by a lawyer instead of some underpaid intern to manufacture compensation claims is a travesty only topped by the fact that there are courts who follow this tune. <br />And what exactly is the charge that would warrant this punishment? A father trusting his son not to do something illegal behind his back, or a son downloading two songs with a price tag of €0.99 each if bought on iTunes? (Please don't try to start "but he UPloaded", we all do know how filesharing systems work, don't we?)Jan-Peter Ewertnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-2955032725392206062010-10-28T16:23:33.334+01:002010-10-28T16:23:33.334+01:0015 Euro - sounds like a good deal to me.15 Euro - sounds like a good deal to me.Anonymousnoreply@blogger.com