Warning letter for file sharing: do not sign hastily
A law firm sends you a warning letter for alleged file sharing (a film, music, a game) and demands a cease-and-desist plus several hundred euros? Ignoring it is risky, but blindly signing the pre-formulated cease-and-desist declaration is too. Proceed thoughtfully.
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What you should do now
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1. Note the deadline, do not rush
The cease-and-desist deadline is usually tighter than the payment deadline. React on time, but not rashly.
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2. Do not sign the enclosed declaration
The pre-formulated declaration is worded too broadly. A modified cease-and-desist declaration can eliminate the risk of repetition without acknowledging the amount of the claim.
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3. Give no acknowledgment of debt
Do not make hasty statements about who used the connection. There are limits to your duties to investigate and provide information.
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4. Get legal advice
File sharing warning letters are a specialist topic. Advice (possibly with advice aid) clarifies whether and how you react.
Frequently asked questions
Should I simply pay the demanded amount?
Not unchecked. The claim is often inflated, and the warning costs toward private individuals are capped (§ 97a UrhG). More important than payment is first the timely (modified) cease-and-desist declaration, ideally with legal advice.
May I simply ignore the warning letter?
Better not. If you do not react at all, an interim injunction or lawsuit threatens. React on time, but thoughtfully and without blindly signing the overly broad standard declaration.
Take action now
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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.