The promise of unrepentant adult entertainment available on the website “Redtube.com” at the top. “Home of free porn videos” is the subtitle of the movie portal. Thousands of German Internet users are likely to be these days, but ask the question whether they are eating up a false promise, as they looked on Redtube.com supposed Gratisfilmchen. Ever since last week sent the Regensburg law firm Urmann and colleagues by post warnings on Redtube users in Germany. They should have hurt over the porn site copyright because there obviously films have also been shown, their distribution rights reserved to the Swiss company The archives AG. The alleged infringer to sign a cease and desist letter and remit 250 Euros to The Archive.
That the Regensburger firm could find out anyway, who has “Amanda’s Secrets”, or “Miriam’s Adventures” watched movies with names like, she owes some decisions of the Regional Court of Cologne. There, in the past few months sixteen different civil chambers were busy with around ninety omission applications. According to a statement by the Court, the applications each contained between 400 and 1000 individual IP addresses. “While some of the requests were granted, was also partly the application is rejected,” it says. How many Redtube users have actually get mail, therefore is also currently unclear.
This raises the question whether the Abgemahnt have ever violated copyrights – and whether the Cologne judge know the difference between downloading and streaming. Because on Redtube stream users, the films, that is, they call in real time over the Internet. When downloading, the film is, however, permanently stored on a hard disk. The Abmahnanwälte of Urmann and colleagues argued now obviously so well that many of the Cologne judge proceeded from an infringement of copyright and the requests instead of tasks.
An opinion Regensburg Registry on Wednesday was not to reach by phone. On her website, she released a statement that because of the Abmahnaktion the telephone lines may be overloaded. The Cologne lawyer Christian Solmecke, which now represents about 400 of the Abgemahnt by its own account, on the other hand argues that it is Redtube is a streaming portal, users there so not download movies. What matters is whether it had become clear that the films were illegally distributed on the portal. He advises people receiving urgent to not sign the declaration of failure to remit any money and to object to the warning.
now goes Solmecke assume that it is the biggest simultaneously consummated warning wave at Redtube case. This attracts freeloaders to: By e-mail they send out on behalf of the firm fake warnings – by malicious software in the notes
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A Case for the BKA
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