about two weeks ago, the law firm U + C sent on behalf of The archives AG warning letters to more than 20,000 Redtube users. The letter accused the victims of having committed the streaming copyright infringement. For each copyrighted film, which saw the netizens, they were asked 250 euros to the checkout.
to the addresses of porn watchers came the orders for the warning wave through a decision of the Cologne Regional Court, which forced the telecom to surrender personal user data. Meanwhile, the district court is rowing back. Some chambers already admitted that the right of those concerned may have been violated by the provision of information possessed by the Court, the court said on Friday. In the meantime, received at the Court more than 50 complaints against the decisions that allowed the providers to publish user data.
lawyer Christian Solmecke, which represents around 600 Abgemahnt user, commented on the announcement of the court as follows: “First of all, going from the press release does not indicate exactly have changed their mind which chambers. I then press officer Dr. Hoppe called and dug deeper. Dr. Hoppe has explained to me that it would be here still no general line of all judges. This would be, however, the fact that so far could not deal all the judges again with the cases. Apparently, however, it is so that those chambers, who got the first complaints against the decisions of information on the table, want to remove this as well. “
Especially the affidavits that the Cologne Regional Court presented a representative of the copyright holders of the movies together with the application for the release of the data, raise doubts even at court. In one of the insurance companies a technical advisor Redtube describes as a download platform that allows you to create copies of the films concerned. In fact, the victims saw the video clips only streamed, which is not an infringement of copyright after some chambers view.
Recently, also determines the Cologne public prosecutor whether the district court was deceived by the false affidavit. Currently the investigation is directed according to the chief prosecutor Ulrich Bremer nor against persons unknown.
According to legal experts, yet legally unclear whether the streaming movies is ever a copyright infringement, because in the process no copy of the video is created.
case Redtube – Porn movies are subject to copyright
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