In December 2013, U + C Rechtsanwälte (Urmann + Collegen Rechtsanwaltsgesellschaft mbH) started to issue warning notices for alleged copyright infringements by streaming pornographic films via the website www.redtube.com. The aforementioned website is a streaming platform on which numerous pornographic films can be viewed. The aforementioned website is a streaming platform on which numerous pornographic films can be viewed.
According to the information available to us, it is likely that the claims for information asserted before the Regional Court of Cologne (on the basis of which the warning letters were able to identify the alleged infringers in the first place) and the orders of the Regional Court of Cologne referred to in the warning letters were issued on the basis of facts that were not clearly set out or were not correctly understood by some chambers of the Regional Court. It is now very likely that some chambers of the Regional Court did not recognise that the alleged infringements were alleged infringements by streaming films.
The lawyers U + C have denied this and have stated that the judges of the Regional Court of Cologne had in part requested further explanations and expert opinions and only then issued the decisions on the basis of the streaming facts. If this submission by U + C Attorneys at Law is indeed correct, this would mean that some judges of the Regional Court of Cologne, after at least a rough examination, actually considered the streaming of films via the portal redtube.com to be illegal. However, this argument by the lawyers U + C does not seem very likely in the meantime.
The U+C lawyers have announced that they will assert claims for information before other regional courts and issue further warnings. However, it remains to be seen whether further warnings will actually be issued and how other regional courts will judge the facts of the case.
It is also completely unclear how the investigation company allegedly documented and established in an admissible manner that the specified work was "streamed" via the specified IP address at the times stated in the warning notices. It is currently not comprehensible how the alleged rights holder, "The Archive AG", claims to have legally obtained the IP addresses mentioned.
It is also completely unclear from a legal point of view whether the conduct of the person being warned as described in the warning letters constitutes a legal infringement at all. The legal situation on this point is unclear and disputed among lawyers.
The Federal Ministry of Justice and Consumer Protection does not consider the viewing of streams on the internet to be an infringement of copyright. This was announced by the ministry in response to a small question from the Left Party. However, there are still no relevant judgements on this legal problem. The Federal Ministry of Justice and Consumer Protection therefore expressly emphasises that the question "whether the use of streaming offers constitutes reproduction" has not yet been clarified by the highest courts. The Federal Ministry stated that this legal question could only be clarified by the European Court of Justice (ECJ).
Therefore, if you receive a warning notice because of an alleged copyright infringement by streaming a film or another work, you should urgently contact an experienced lawyer/specialist lawyer specialised in copyright law. Under no circumstances should you make statements and/or payments to the law firm issuing the warning without a legal examination.
Our lawyers have already processed and are in possession of numerous cease-and-desist letters due to alleged copyright infringements by streaming films.
If you have received a warning letter due to an alleged copyright infringement, our lawyers will be happy to answer your questions and provide you with advice.
An initial assessment by telephone is free of charge.
Should you then decide to instruct our firm, you will of course be informed of the costs of our instructing you before we instruct you.
Goldberg Attorneys 2013/2014
Attorney at Law Michael Ullrich, LL.M. (Information Law)
Specialist lawyer for information technology law
E-mail: info@goldberg.de
