This is why torrent and other P2P clients users receive a lot of letters from German lawyers. Hey Vishu. ... Torrenting is illegal, the website is blocked. How can i prove that all the pirate files was not downloaded on my computer? Here are some law firms sending cease and desist letters in Germany (hat-tip to Raychenon.com):Auffenberg, Petzhold, Witte; Baumgarten & Brandt; Bindhart , Fiedler, Zerbe; CSR; Daniel Sebastian; Denecke Haxthausen & Partner; Fareds; Johannes Rübenach; Kornmeier & Patner; Lihl; Lutz Schroeder; Marcus Meier; Marko Schiek; Negele; Nümann und Lang; Paulus; Philipp Marquort; Rainer Munderloh; Rasch; Reichelt, Klute, Aßmann; Sasse und Patner; Schalast & Patner; Scheuermann,Westerhoff, Strittmatter; Schutt, Waetke; SKW Schwarz; U+C; Vahrenwald & Kretschmer; Waldorf Frommer; WeSaveYourCopyrights; Winterstein; Zimmermann & Decker. Visit www.JnmEducation.com and register yourself for free education counsellingWHAT IS BEATNIKERS? If you use a torrent client, you are distributing the content while downloading it, it is how those clients work. Many users pay the fine and move on. Torrenting in Germany Is Risky. Answers are much appreciated! So, delete the torrent clients if you have any. As a rule, the processing fees typically end up in a range included between 100€ & 300€. It helps protect your privacy when browsing the Internet and torrenting. There is dedicated post about VPNs for Germany. In nearby Bulgaria, 27% of the population uses BitTorrent software. Downloading a youtube video from a converter will mostly go without any consequences, especially if the author didn’t claim the video as copyright. Rule number 1: Don’t panic and don’t send anything back. By doing so, you would give more legal ground against you and would have to pay. Another option could be to turn to a mediation service like the one provided by Abmahnungshilfe. They are then authorized by law to ask your internet provider to disclose any information linked to that IP adress. Doing nothing is a viable option but it can back-fire at you. Again, this is why law enforcement is really much more difficult to apply for illegal streaming services users. Is the website using Torrent file sharing? In doubt, always consult with a professional. Now tell me: what can I do about this warning letter. BitTorrent may transmit or include illegal or copyrighted content. Just in case here is again: Hi Ben, Thanks so much for putting this together. And for paddingbloodyton! Here is a guide to secure torrenting on Spectrum and best VPN for it. What is the legal basis behind them? Considered one of the bests on the market, safe and easy to use, it works well for this kind of use too. People caught sharing copyrighted material may receive one of these notices informing them that they need to pay a fine or risk a criminal trial. Some even want to get their hands on a rare 1991 version of the Star-Wars trilogy. Offense repairs on streaming cases are much lower, making it less profitable for law firms to pursue; legal claim fees remain the same as for P2P cases but the fine per film can only be 5 to 10€. You then have the choice of paying the fine or not, depending on what your research shows you. I have a question though on that. And… Torrent websites are strictly monitored by the authorities. Can someone answer my following questions? I have a similar problem, but the thing is that someone broke my IP- internet code and used my connection to download movies etc. The Netherlands is a good example of a location that is clearly optimized for speed. Hey Bastien Thank you for sharing whole lot of information.I also got such letter in 2018 and i hired a lawyer.He looked at it and charged 200 euros and said he will handle it all for me.After 3 this lawyer left my case and then i had to hire a new lawyer.I asked him to write a letter on my behalf which he totally denied and with in a week i got an appointment letter from court.I asked my lawyer again to negotiate with waldorf but he denied again and said “We will fight”.Now i dont have so much to pay court fees and other lawyer fees and double my fine.I had to hire a translator to write me a letter to lawyer to leave my case,then i wrote a court to give me some more time,which court did not accept.Also i wrote Waldorf that i can pay little amount of money. The total number you might see on your letter is based on 3 different legal concepts: Working under the assumption that a signed cease and desist letter will prevent further infringements by the culprit, the law firm will generally only press compensation and reimbursement charges. The tough laws have worked. How can I stream or torrent movies in Germany? In the first place, there's a massive amount of servers in Europe. It threatens legal action and asks you to sign and return the document. You can read more about integrity & ethics here. Ps. No wombats were harmed in the making of this blog. Now this is a little tricky because it is true that some scam letters (e.g from non-existing “Kroner & Kollegen” law firm) have been sent around and they are not entitled to represent the copyright holder. Instead of seeing your IP address, anyone watching the tracker sees the IP of the VPN server. What if you have moved permanently from Germany( Im not living in Germany any more) can they still follow you ? I will ask you not to panic and will reply to the many questions you have right now. Germany has gained notoriety for its strict stance on torrenting. File sharing becomes illegal when you choose to share copyrighted content. So my Professor has uploaded videos on Youtube. If you want to protect your traffic and use all services privately, you can get a VPN that will hide everything from anyone else. Is it illegal? Before torrenting, be sure learn about its legality and safety. The notices appear threatening and often demand that the accused pay a fine. By Daniel A. Lauretano, Sr., Wiesbaden Legal Assistance Office April 30, 2021. Sorry about this. You can use NordVPN for example, which often considered one of the bests out there, especially since streaming works well with it and you connect up to 6 devices with one account (switch to English in the footer if needed). Illegal download of copyrighted material in Germany – What you should know: How did they could identify me and find my address? Active since 2011, I help any newcomer tackle all practical aspects of moving to Germany. Also note that a law passed in 2013 should limit Abmahnung and legal claim fees to 150€ & 450€ respectively. Beware of the following signs, they can be pointers. The VPN that you use should also work with your preferred BitTorrent software. You can also take steps to avoid receiving a notice. Learn how your comment data is processed. However, illegally downloading copyrighted content in Germany is severely condemned by law and is frequently enforced by private law firms who send cease and desist letters. Many people pay the fine immediately while others choose to do nothing. As it is success-based and the first check is for free, you can still decide to take one of the other options listed here, after they checked you case. . You shouldn’t panic and pay-up without asking any questions as there is room for negotiation. Hi 1.What if u tell tham that u had a guest and he was on popcorn time from his ipad not u . Sure, it’s not cheap but you might in turn save hundreds of euros for negotiating a cheaper fine or even not paying it all. However, it can also be a very specific instruction for how to obtain content on the internet. In Germany, file sharing is illegal and even one copyrighted file downloaded through BitTorrent can trigger €1000 fines or more. Graduated response [ edit ] Am I likely to get fined and has anyone ever get fined streaming/downloading from Zlibrary? Understanding Anmeldung: residence registration. ? A platform like this is specializing in reducing the amount of the claim. Will it completely “stop” from a letter coming/be caught? The notices appear threatening and often demand that the accused pay a fine. The heads of the international recording industry have a nice suprise for BitTorrent users in Germany. Let’s be honest now: those letters are an attempt at scaring you off and pressuring you into paying the full amount. Much more effort is put into finding out the distributers, since the fines are much larger and worthy of all of the effort. Hey George. If you are reading those lines, you are probably holding an Abmahnung letter from a German lawyer asking you to pay for compensation. That's because all the people downloading movies are broke bastards, suing them for money would be pointless, LOL. 1. Users face large fines and potential jail time for sharing pirated content. Germany is notoriously tough on pirating content online, with people risking massive fines or jail time for spreading illegal files. Torrenting in Germany remains a murky legal area. Pps. Unethical lawyers are exploiting the system and attempting to extort money from BitTorrent users. What you need to know about pirated … Court decisions in various jurisdictions have deemed some BitTorrent files illegal. If you plan on downloading shows or movies, you may find yourself in the same situation. 2. On top of that, there are servers in different cities of the same country. Also my first thought before finding your blog was just pay but not sign. Continue Reading. Most of the users who receive these notices uploaded illegally obtained digital content. For a German user, it's one of the best options available. German courts have stated that the owner of the internet access is in theory responsible for any wrong-doings happening on that network. Together, these generally amount to around about 1.000€ per file. They come at you with legal weaponry? Hey Ade. Many online file-sharing services are illegal. There are fees for sending you this Abmahnung, the fine mentioned as repair for their clients (more details on that later in the post). German authorities continue to have a low tolerance for the operators of illegal filesharing sites. However, make sure to see the difference between the different fees mentioned in this document. Over the years, the value of this work has been recognized and featured on Expat.com, Slate.com, Berliner Zeitung, The Local & more. Anyway, my question is regarding the law in 2013 you mentioned about limiting claims to 150 and 450 euros. As with most regions in the world, Germany allows citizens to use file-sharing technology. I updated it in the post as well. Bastien! Some users have also claimed to receive warning letters despite never using torrent software. News German lawmakers call for buying sex to be made permanently illegal. Looks like my post didn’t go up. Its been 2 weeks only i got answer from court but no answer from Waldorf.My lawyer has left my case but i am not sure if he has send information to Waldorf also!!! This is how they obtained your private details. They know very well that they won’t be able to handle each individual case manually so they might no simply follow-up, should you not reply to their first Abmahnung. The article making it illegal is § 19a UrhG. Also, if you want to use your internet access as you want, don’t forget you can fully hide your traffic with a good VPN like NordVPN. Only time can tell. Is there any case that the Telefon/ Internet Company of the user who was also sued from the film Company to sue also it’s user? People that gets fined are mostly (99%) only people with mass torrenting. However, they come with one drawback: you spend a fair chunk of cash, time or stress without any certainty on the legal outcome of your case. Hey Luca. This is the German equivalent to a cease and desist letter that the law firm wants you to sign to prove that you recognize yourself to be guilty of the accusations. I guess payment is an admission of guilt….? For some it’s about binge-watching the latest HBO hit series, for others it’s about getting their hands first on the latest Coldplay album. On the document, you might see a reference to the set of laws dealing with copyright infringement in Germany; “Urheberrechtsgesetz” or “UrhG”. Only public authorities can give you a fine. If you own the line, you receive the letter. The processing fees arecalculated based on the compensation and cease and desist charges, while also being regulated by the German lawyers remuneration act (Rechtsanwaltsvergütungsgesetz, RVG). If you decide to stick with torrenting, use a VPN service to hide your activity. Hey Bruce. The GEMA also used to block many YouTube videos. With BitTorrent technology, it's inevitable that you are going to seed, even if just a bit. SWIM downloaded many copyrighted songs from youtube and never got a fine. It is worth trying out by using the form on the homepage. The amount often reaches hundreds of Euros. Have they reduced the size of fees in past years? It doesn’t replace the counselling for a professional attorney. Watching latest movies can be as risky as in this case. Only premium users can easily identified. In Germany, none of the cases have gone to court. Then again, there is also a good chance that you might be part of the chosen ones for whom it doesn’t go away. Its servers are very fast, particularly the ones in a neighbor country: The Netherlands. But I wanted to ask if i still can be caught or not,im scared. 1.The liability is still with the owner of the internet line/contract, but this argument may be used to your advantage in negotiation. Those entering Germany from risk areas must complete a digital entry registration form, be tested for coronavirus and, depending on the regulations of the Land in question, self-isolate. They represent major studios such as Fox, Sony, and Viacom. Demanding 900 euros. Do not automatically pay the fine without learning more about the source. I’m not a lawyer. I’m thinking about applying for a settlement permit in Germany, and they mention that even a fine can prevent me from obtaining it, do you know if this kind of thing goes to your record and can prevent me for getting this permit? Illegal downloading and file sharing in Germany. Doesn’t matter. It established (here) that users of such services are indeed acting unlawfully. While both download and upload are condemned by law, it’s really in reality the uploading part of the process that will be rewarded with a warning letter. In 2016, a German computer magazine called "c't" reported that the number of refugees were receiving letters from law firms asking for money due to illegal downloading and that one Syrian refugee had to pay 815 euros ($965.5) for downloading a movie through a torrenting service. Is Downloading Torrents Legal or Illegal, And How Safe Is It? I can only imagine that the costs involved in chasing somebody moving abroad would be too great to make it profitable. But even then, their laws and restrictions are often opaque. What’s legal vs. Hey Delowak. I did mention my brain is fading…! ISPs are to keep data about torrent trackers’ users for 6, 12 or even 18 months (depends on the provider). It contains your answer. There are no rules defining the probability that you could get caught, and also no way to tell the delay with which you can receive this letter. 2. With European countries, NordVPN is always a great choice. illegally downloading copyrighted content in Germany is severely condemned by law and is frequently enforced by private law firms who send cease and desist letters. If you are living near or around Frankfurt, check his blog out, it’s a good read to discover the city. However what most people don't understand is that downloading torrent means you are seeding which means you are also uploading. additionally the history of my lap-top is 100% clean. German users have the possibility of choosing an IP address form countries that are geographically very close. I am very scared to go to court and i cant afford to bare so much of fine.I earn only 1200 euros per month and if i have to pay 900 euros plus 400 euros to a lawyer plus court fees.I AM GOING TO BE DEAD. And what the name/number of that law is? German copyright law differentiates between downloading and uploading pirated content. You only get an email: Also this is possible is some other field of law, illegal file sharing cases always come by post. Hi Vishu. But the number of locations to connect isn't everything, the speed of those servers is also important. Hello , thanks a lot for the information’s. What is this “Unterlassungserklärung” document and what should I do with it? If they do follow-up, additional legal fees might occur and it can be enforced. Some people receive these letters without even downloading anything. The UK Can it really go to court? In that case, the owner can “discharge” the fault onto the real culprit to be cleared of all charges if necessary. We will see later how it is possible to bargain it down a little. The legality of prostitution in Australia varies considerably between states and … All options listed before are all valid and should be carefully considered. that a law passed in 2013 should limit Abmahnung and legal claim fees to 150€ & 450€ respectively. I am really looking forward for a mail from Abmahnunghilfe. Peer to Peer file-sharing still offers a way to obtain free or open-source digital content and many Germans rely on it to find all kinds of media. Hey Stel. The case didn’t go to court or anything, they were just threatening to do it, I just made a transfer (didn’t sign) anything, the letters stopped to come. When is streaming illegal? Whatever it is, you might have gotten away with it in your home country. Thank you for a reply and suggestion.I have filled up my form and have sended it to them.Let’s see if they can help me out.I have been in contact with other lawyers too but all they want to go to court.They dont want to negotiate on my behlaf with Waldorf Frommer. This means you only pay something if your case is settled successfully and permanently. As you probably know, you are also seeding at the same time. VPNs are legal, generally. hundred of thousands of warning letters a year. It is success-based. You can have you case checked there for free, to get more options. Signing the document is an admission of guilt. i forgot to mention, i got a fine arround 3.300 euro …. I don’t get it. I cannot advise you on this. Disclaimer: this post is purely for informative purpose about what to do when caught illegal file sharing in Germany. Watching a movie on the Internet or downloading a song is often prohibited. The next step for avoiding legal problems in Germany is installing a VPN software. 2. Germany passed the Prostitutes Protection Act in 2016, which was intended to protect prostitutes by requiring a permit for all prostitution trades and a prostitute registration certificate. Together with the warning letter establishing your identity and the content, there is another document called “Unterlassungserklärung“. They send hundred of thousands of warning letters a year to the average Joe for illegally downloading movies in Germany. When you use a torrent manager, such as uTorrent, you start downloading parts of the file from seeders. IPVanish is also an option to have in mind. Better safe than sorry <3 <3 <3. That's why scam letters are so profitable. I also wanted to ask about torrenting, streaming and “Normal” download,which is safer,can you please rank it like this: 1. BitTorrent clients and protocols remain legal when downloading legally distributed content. Remember to learn more about the law entity before paying the fine. Everyday, up to 2500 visitors come find answers on registration, tax returns, unemployment, insurance, visa applications and more. Do not sign this document and do not send it back! Here is everything you want to know on how to respond to a warning letter for illegally downloading copyrighted content in Germany. While curling yourself in a ball and hoping that it will go away might not seem like the mature and adult thing to do, this reaction might still have a few arguments for it. It doesn’t matter if you watched it or not. However, unlike P2P, it’s very difficult to identify users of such streaming platforms as IP adresses are often not stored by these platforms in the long-term, making the enforcement unlikely. Due to the COVID-19 pandemic, restrictions are in place for entry into Germany from a large number of countries. Their fee is transparent (30-35% of the total savings made on the original claim amount). Good luck with this situation. This is private matter that was handled privately. Downloading copyrighted content when it’s not under the proper license is illegal in general yes. Torrenting is not banned, but… Torrenting of the copyrighted material is illegal! The ones caught downloading illegal movies or shows may receive cease and desist notices from law agencies. Maybe being scanned first. Fees for doing so with German lawyers specialized in copyright infringement cases can vary, but you have to pay costs upfront without any guarantee. Will you be caught? For damages, fines etc. Apart from that, this provider offers additional security tools that increase the level of protection and anonymity. I’ve downloaded some e-books from Zlibrary and only then realized it is a pirating website. I remember hearing about 3k or something years ago. Any idea on something like statutes of limitations that apply there? In germany we have a lot of lawyers that a specialized for this case. - All About Berlin I wish you good luck in fighting against the odds. Do they really work with the copyright holders? Nothing out of the ordinary. Is it fine to download ebooks from zlibrary or libgen.rs? Before paying for anything, verify the authenticity of the claim and the law firm. Hey Neemia. Online Piracy vs the Entertainment Industry, The Safest and Most Dangerous Countries for Torrenting. Beware however premium users; if you are paying a fee on one of those platforms, your IP will definitely be stored on the server, thereby increasing the risks of getting caught. As mentioned, unethical agencies sometimes target innocent netizens. Current tools available to law practices to track data transfers is only applicable to torrent nodes and streams right now. Coronavirus has caused Germany’s brothels to close their doors, but some politicians want the … You pay them 80-200€ and they write a declaration to cease and desist for you. - … During our testing, we were impressed with the number of servers with great download speeds. This all seems outrageous. While the courts condemn both actions, uploading a pirated TV show or movie increases your risk of receiving an Abmahnung notice. has an interesting approach making it even more difficult to understand is torrenting illegal or not. Although they do threaten to take this to court, it’s relatively quite rare it happens. Help me: I was caught illegally downloading in Germany. BitTorrent is a distributed protocol transfer that allows users to download files from others. I hope this post helped you understand your situation. It warns that the law firm will take legal action if the user does not pay a settlement. Some posts contain affiliate links that may generate revenue. While some users have received scam letters, most of the notices come from legitimate law firms. German law firms send hundreds of thousands of these letters each year. Fewer than 2% of Germans admit downloading copyrighted content. Sorry for calling you ben! ExpressVPN is at the top of this list because it ticks all the right boxes when it comes to using BitTorrent traffic in this location. CyberGhost is one of the most popular VPNs available. Since April 2017, users of illegal streaming services (also broadcasting of live events) can also get in trouble because of a decision from the European Court of Justice. This is even more impressive for a foreigner that doesn’t understand German completely. Which means I’m actually uploading the files at the same time. One needs to be aware that illegal downloads (Torrents or otherwise) are punishable as per German law. ip etc is next to impossible. That's the basis of P2P. Is it Safe? The best options include DNS leak protection and a kill switch. My question is downloading youtube videos on desktop/ PC is legal in Germany or is it illegal ? A bank account located outside of Germany. Some of the law agencies sending the letters do not have permission to act on behalf of the copyright holder. How are fees structured? Torrenting in Germany remains a murky legal area. It doesn’t come with a cease and desist letter: If it’s only asking for money with obscure legal jargon, it’s worthless. While downloading can be punishable, normally it will go unnoticed, since the fines are low and efforts into finding the culprits are also low. This is a risk you take if you pick this option. Hello Bastien,all this sounds scary,but what if i use a vpn? Do they really have the right to claim so much? I received an Abmahnung for events in December 2016… I don’t know where I was in that period, or who had access to our internet in our shared flat around the date. What you surely can expect are the fines for uploading or distributing copyright content. Liability insurance, the other essential coverage. © 2021 - Settle in Berlin. Some people receive these letters without even downloading anything. In most cases: There are different courses of action you can take at this point and i guess it depends on how bold you are and how good you are dealing with a possibly nerve-racking situation. Soon 10 years, 100 posts – SiB has a new look & new pledge. The ones caught downloading illegal movies or shows may receive cease and desist notices from law agencies. However, none of these warnings have led to prosecution in Germany. For any torreting, SWIM always uses VPN. Here is a source, and another here. While these cases have not made it to court, admitting your guilt would give the lawyers the evidence needed to win a court case. Thank you once again. This site uses Akismet to reduce spam. Hello, a while ago I received one of those letters, and after some time I decided to pay. They work with expert mediators and lawyers inthis field of law. Receiving a cease and desist notice from a law firm is one of the most common consequences of illegal torrenting in Germany. I have a good vpn,many says its good and secure,its also been reviewed from good reviewers,its called Expressvpn,i think you heard of it. It depends largely on the country you’re physically sitting in while using a VPN. When looking for a VPN service, pay attention to servers and extra features. Hello! Aaaargh. Sorry to hear about this. The initial warning letter is the Abmahnung. We have tested many VPN providers, and the following are the ones we think to be more appropriate to download torrent files in Germany. Those German law firms sending warning letters usually hire specialized third-party services that are scanning P2P nodes and clients, recording IP adresses that are currently downloading illegally in Germany. Hey Matteo. Using services like torrent clients makes you automatically share the file you are downloading. On top of that, there are many servers available in such closeby countries, which makes it ideal if you want to avoid overcrowded servers. Reacting this way is basically counting on the weaknesses of the system; those German law firms are very busy you see. All Rights Reserved. I can’t imagine how much stress you are in right now. What is Torrenting? Torrenting on Spectrum is illegal, but you can do it anonymously with a VPN. By torrents the OP is not referring to .torrents but the illegal download and upload of IP, he goes on in the OP to talk about obtaining illegal content and the possible consequences of acquiring it.