In the case of the recent warning wave to viewers of porn clips on the web is by a media law expert opinion is not an infringement of copyright by users. Unlike the download or the file-sharing are cached streaming for smooth playback with some temporary data. It’ll point, however, “what the average user can permanently pull to copy,” said Gerald Spindler, media law professor in Göttingen the blog “iRights”.
“It would require only a clarifying judgment”
It depends on how technical you understand the Section 44a of the German Copyright law, Spindler said. If the normal user is not able to use the temporary copies made on, his opinion was no specific copyright violation ago.
“It would require only a clarifying judgment if such legal uncertainties are generated,” Spindler said. Affected consumers have been estimated by the media law expert a good chance to put against the warning to defend because “there is no act of infringement.”
Court examines Abmahn law firm
Meanwhile, checks the Cologne Public Prosecutor a possible investigation against unknown persons for false affidavit. It should be examined whether the Regensburger law firm that had sent warning letters to thousands of alleged users of the sex videos that have made false statements in court.
The firm requires the addressee, among others, the payment of 250 euros due to copyright infringements. At the request of the firm for the surrender of the connection data, however, the district court of Cologne could have been duped. It was not made clear that it was not about streaming and file-sharing illegal filesharing.After