Currently Sasse & Partner Rechtsanwälte claims that many owner of an internet connection have commited a copyright infringement.
The letter that those people have received is a so called Cease and Desist Letter (German: „Abmahnung“). The opposing party “Splendid Film GmbH” – a copyright holder which is being represented by Sasse & Partner – claims that they have infringed and/or offended the German Copyright Act (“Urheberrechtsgesetz” – UrhG). They claim that they have either downloaded a copyright protected file like “The Expendables 2” from the internet and/or have made available such file for download in the internet. Sasse & Partne say, that the “Guardeley Ltd.” has noticed that the movie has been illegally uploaded to the public on the internet to unknown third party over your internet connection.” They say, that the owner of the internet connection are liable fpr the copyright infringement. They want the owners of the connections to sign a declaration to cease and desist and also to pay 800 Euro for the cost an damages in form of an out-of-court-settlement.
We recommend, not to sign this Declaration to Cease and Desist right away!
The claimed damages consist of both legal expenses for the opposing law firm and lost profit of the copyright holder because of the unlawfully distribution of the copyright protected material. Those damages are usually overdrawn and yet negotiable. The amount of damages and the short payment deadline are both intended to intimidate you and make you pay without having the proper time to reconsider or seek legal advice.
We recommend, not to pay the claimed amount without having doublechecked with a qualified lawyer!