Defending filesharing warning notice

Have you received a warning notice because of supposed copyright violation by means of filesharing in a filesharing site on the Internet? Have you been accused of illegally downloading or offering on the Internet music, films, TV series, computer games, audio books, or pornography via filesharing? Have you been asked to make a cease-and-desist declaration and provide reimbursement of attorney’s fees and payment of compensatory damages? As the recipient of any such filesharing warning notice, stay calm and do not act in haste. Hundreds of thousands of subscribers have been receiving these warnings for this reason for years. Many of the thusly declared warnings due to filesharing are unjustified, which means that it may be worth it to defend oneself against them.

What we offer

You are welcome to contact us by phone or e-mail for an initial non-binding and free-of-charge estimate regarding this. We would be happy to show you your legal options for fighting the filesharing warning notice.

Should you choose to hire us subsequently, we will represent you out of court and, if necessary, in court. We will decide together with you how to proceed depending on the facts of the case individually. We might consider issuing a modified cease-and-desist declaration, the content and scope of which we will determine with you, and then dispute only the attorneys fees and the compensatory damages with the issuer of the warning. Alternatively, you can also actively proceed against such a filesharing warning notice with a negative declaratory judgment, the cost of which the party issuing the warning would have to cover in the event we prevail.

You will profit from our many years of experience handling numerous warning cases due to filesharing.

Scope of service

  • Examination and assessment of the technical and legal situation
  • Consulting with respect to the legal options and the strategic procedure against the filesharing warning
  • Out-of-court representation in warning notice proceedings
  • If necessary, design of a modified cease-and-desist declaration
  • Handling of all correspondence with the opponent
  • If necessary, asserting a negative declaratory judgment
  • If necessary, Representation before all district and regional courts in Germany by means of temporary injunction proceedings and in regular complaint proceedings

Costs

In the event you receive a filesharing warning notice, we can offer you out-of-court representation at a fair all-inclusive price. We normally offer our in-court services to you calculated according to the time spent at a suitable hourly rate or according to the Attorneys Compensation Act (RVG). We believe that cost transparency and cost reliability form the basis of successful cooperation. We will be happy to provide you with an estimate of the expected costs and the cost risk before taking the job.

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Clemens Pfitzer

Attorney . Partner
Fachanwalt für:
Intellectual Property Law
IT Law
+49 711 41019072

Dr. Markus Wekwerth

Attorney . Partner
Fachanwalt für:
Intellectual Property
+49 711 41019074

Christopher A. Wolf, MBA

Attorney . Partner
Fachanwalt für:
Intellectual Property
Copyright and Media Law
+49 711 41019073