In the case of warnings of users of internet porn portal Redtube, there are new doubts about the legal procedure: Perhaps has not the Swiss company, on whose behalf the warning letters have been sent, the online rights for the sex film in question. This interpret contracts to present the “Welt am Sonntag” in copy.
Tens of thousands of warnings to users Redtube
early December, the German law firm Urmann and colleagues had sent (U + C) on behalf of the Swiss company The archives AG tens of thousands of warning letters to customers of Deutsche Telekom. The accusation: they had looked over an Internet connection Telekom on Redtube Porn movies such as “Amanda’s Secret” or “Miriam’s Adventures”, so that the rights of The archives injured. Now to the alleged porn consumers ever total of 250 euros in legal costs, fees and damages paid, and sign a declaration of failure, reports the “Welt am Sonntag”.
Following a decision of the regional court Hamburg is signed Redtube users, however, have not violated in this case against the rights of The Archive. There are also considerable doubt that the IP addresses of telecom customers have been determined on legally permissible manner.
doubts about legality of exploitation rights
contract copies available to the “Welt am Sonntag”, also raise doubts as to whether the The Archive has ever legitimately purchased online exploitation rights to the four films at issue. According to copies of contracts The Archive has taken the online exploitation rights of porn by the Berlin firm Hausner Productions. Hausner, in turn, acquired the entire, worldwide rights to a total of ten pornos of the Spanish company Serrato Consultores SL from Barcelona, ??whose German managing director Julia Schilling signed the sale agreement, the newspaper reports.
But Serrato Consultores S. L. is also not even the originator of the films. The porn strips were originally shot Combat Zone USA under completely different English titles from the American porn production company, as evidenced by entries in the database industry Adult Movie Database – Serrato Consultatores has only relabeled apparently. Combat Zone USA, the film material itself markets continue online under the original title, writes the “Welt am Sonntag”. The fact that the U.S. company has their complete rights to Serrato assigned, therefore, is unlikely and has so far not be used by The Archive.
questionable whether Abgemahnt get money back
Should come out that The archives the rights to movies Abgemahnt has not, the entire case would collapse – the porn fans who have already paid would have another reason to try to get their money back. However: The Firm U + C could then refer directly to the client The archives in Switzerland those affected. Whether the Abgemahnt Internet users have opportunities, there successfully sue their money is questionable. The Archive has recorded for the year 2012 only 100,000 francs capital and not taxable income.