It was a shameful accusation that had been made in early December several thousand German Internet users: you could have, you wrote the law firm Urmann and colleagues, viewed on the site redtube.com porn videos, while copyright infringement committed and should sign a cease and desist and pay 250 euros to the holder of the exploitation rights, the Swiss The Archive AG.
your addresses were available from the Registry, because the Cologne Regional Court had ordered at the request of the Prosecutor Daniel Sebastian, Telekom as provider must notify the addresses of users who “cinematographic works” with names like “Amanda’s Secret” should have downloaded. Their IP addresses were allegedly recorded by the company itGuards Inc. by means of a software named “gladii 1.1.3″.
The issue affects not only the user base of such offers. The Abmahnanwälte argue namely, even when buffering, the local buffering when streaming a file, this will be duplicated. Thus, the viewer might even Youtube Videos not be safe from a similar post.
In a first wave of outrage against the new business model of the lawyers swung with, the Regional Court of Cologne you could probably not distinguish between streaming and download. Now experts have viewed the sites of the companies involved in more detail. Clement Kowalski about kowabit.de noticed in his blog that itGuards.net and the-archive.ch lie not only in the same hosting provider on the same server, but seem to have been created by the same user. On the software “gladii 1.1.3″ however, lacks any reference. A registered at jetzt.de commentator describes that users could even have been out of the forwarding of a billboard directly to the video.
Should this not a rights owner with hard methods to fight for his right, but a complicated structure have been created only to ask users to checkout, the pay rather than to consult a lawyer? At the Cologne Regional Court, the judge said Christian Hoppe on request, keeps you “in the meantime emerged concerns the correctness of the determination of the IP addresses for remarkable”.