Abmahnung von Image Professionals GmbH von Frommer Legal?

Warning Letter from Frommer Legal? Free telephone consultation with Lawyer Dr. Losert

Dr. Matthias Losert, LL.M.

Rechtsanwalt

Strausberger Platz 6
10243 Berlin

Fernruf: 030-250 121 25
Mobil: 0179-537 98 71
post@matthias-losert.de

Post from Frommer Legal? Free initial telephone consultation with lawyer Dr. Losert: 030-250 121 25
Have you received a warning letter from the law firm Frommer Legal for file sharing? Simply call me during normal office hours. You will then receive a free initial telephone consultation. I will answer all your questions and explain exactly how I can help you. You can also send me an e-mail. If you wish, I can also advise you in writing or call you back.

Out-of-court representation at a flat rate of EUR 150.00
If you would like to instruct me after the initial consultation, I can represent you out of court for a flat rate of 150.00 EUR. This price includes a lawyer’s letter with an integrated cease-and-desist declaration. This flat rate applies to the entire out-of-court proceedings. It is an all-inclusive and fixed price. You will not incur any further costs from Dr. Losert. It goes without saying that this is a gross amount which already includes VAT.

Experience with 1,500 warnings from Frommer Legal
I have been working as a lawyer in the field of copyright law since 2010. During this time, I have represented over 1,500 warning letters from the law firm Frommer Legal.

Why should I hire a lawyer?
If you have received a warning letter from Frommer Legal for file sharing, do not hesitate to hire a specialized lawyer. It is important to submit a modified cease-and-desist declaration within the deadline set by Frommer Legal. Otherwise, this law firm could apply for an injunction to stop the file sharing, which would incur high costs.

How can I hire attorney Dr. Losert?
The best way is to send me an e-mail with the scanned warning letter from Frommer Legal. I can then take a look at it and call you back. Please also include your telephone number.

Nationwide and worldwide representation
I represent you nationwide and worldwide. You can also instruct me if you are abroad. You can contact me by e-mail or telephone during normal office hours.

Do not sign anything!
First of all, I can give you legal advice not to sign the cease-and-desist declaration from the Frommer law firm under any circumstances. Because this cease-and-desist declaration contains an admission of guilt. If you sign this pre-formulated cease-and-desist declaration, you make it easy for Frommer Legal to enforce this claim.

Do not contact the law firm Frommer Legal!
Do not contact Frommer Legal either. Because if you make a careless statement here, this can be interpreted as an admission of guilt in possible court proceedings.

Cease and desist letter – only modified, and only from a lawyer!
Have a modified cease-and-desist declaration issued by a lawyer. The cease-and-desist declaration attached by Frommer Legal should not be submitted under any circumstances. It contains formulations that can be interpreted to the disadvantage of the owner of the connection. You should therefore commission a specialized lawyer with the cease-and-desist declaration. You can rely on Dr. Losert’s many years of experience with the law firm Frommer Legal.

If you instruct me, all further correspondence will be handled by Attorney Losert
If you instruct me to process your warning letter, all further correspondence will be handled by me. This is because the Frommer Legal law firm is obliged under the professional code of conduct for lawyers to contact only me after being instructed. This is particularly helpful for you if you are abroad.

Do I always have to submit a cease-and-desist declaration?
The person being warned is always obliged to submit a cease-and-desist declaration. Under no circumstances should the pre-formulated cease-and-desist declaration be used. This is because it may contain an admission of guilt. Therefore, the modified cease-and-desist declaration should always be issued by a specialized lawyer.

Which rights holders does Frommer Legal represent?
Frommer Legal represents a large number of rights holders. At the moment, many warning letters are being sent out for Warner Bros. Entertainment GmbH and Studiocanal GmbH. The following is an exemplary list of the rights holders represented by Frommer Legal:

– Constantin Film Verleih GmbH
– Warner Bros. Entertainment Inc.
– Warner Bros. Entertainment GmbH
– Twentieth Century Fox of Germany GmbH
– Leonine Distribution GmbH
– Studiocanal GmbH
– Universum Film GmbH
– S. Fischer Verlag GmbH
– Sony Music Entertainment Germany GmbH
– Rowohlt Publishing House GmbH
– Tele München Fernseh GmbH + Co. production company

Which films are warned by Frommer Legal?
Frommer Legal issues warnings for a large number of films. Both newer films and older films are warned. The following is a small exemplary list of films that have already been warned by the Munich law firm Frommer Legal:

The Collini case
Annabelle
The Tributes of Panem
Bob the Tramp
Exodus: Gods and Kings
La La Land
Semolina dumpling affair
Hangover
Storks – Adventure in flight
Pacific Rim
Isle of Dogs
Shazam!
The Batman
Chick
Brooklyn – A love between two worlds
Magic Mike’s Last Dance
Barbie
Massive Talent
Point Break
Three Thounsad Years of Longing
Spy – Susan Cooper Undercover
The Girl with All the Gifts
Mortal Kombat Legends: Scorpion’s Revenge
The Destiny – Insurgent
Elvis
Countdown
The Invention of Truth
Godzilla
Child Welfare
Hotel Artemis
Kandahar
Llorana’s Curse
Midnight Special
Mortal Kombat Legends: Scorpion’s Revenge
Nymphomaniac
Overdrive
Predator – Upgrade
Reminiscence: The memory never dies
Shaun the Sheep
The Mechanic – Resurrection
Wonder Woman

What strategies are there for a warning letter from Frommer Legal?
There are various strategies for dealing with a file sharing warning letter from Frommer Legal as a lawyer. One important case is to prove that the copyright infringement was not committed by the addressee of the file sharing warning, but by another person.

Copyright infringement by another person
Another way of defending against a file sharing warning from Frommer Legal is for the subscriber to prove that another person of legal age committed the copyright infringement. In this case, the subscriber does not have to prove that he or she informed this person of legal age. It is sufficient to show that the subscriber did not commit the copyright infringement. In this case, the rights holder has no claim.

Does the name of the perpetrator have to be disclosed in out-of-court proceedings?
The name of the actual perpetrator only has to be disclosed in legal proceedings. It has already been decided by the courts that the owner of the connection does not have to disclose the name of the perpetrator in out-of-court proceedings. It is also advisable not to do so.

Copyright infringement by a person residing abroad
If a person abroad has committed the copyright infringement, you should obtain written confirmation with a copy of the identity card of the actual perpetrator. If you then present this confirmation in a possible lawsuit in court, there is a good chance that the lawsuit will be dismissed in relation to the owner of the connection. However, a lawyer should always be instructed in legal proceedings. This is because the courts place very high demands on the substantiated submission that another person has committed the copyright infringement.

Does Frommer Legal also sue people resident abroad?
File sharing is not legally prosecuted in many countries. This also applies to other EU countries. I therefore have a high proportion of clients from abroad who do not know that file sharing is not permitted in Germany. In my experience, Frommer Legal does not file lawsuits abroad. However, caution is advised if a foreigner concludes a court settlement with the rights holders represented by Frommer Legal. This is because an enforceable title then exists with which Frommer Legal can also enforce abroad. In my experience, the commissioning of a bailiff abroad also occurs. Let me advise you free of charge in these cases as well.

What is „Stoererhaftung“ (Breach of Duty of Care)?
In copyright law, the term „Stoererhaftung“ (Breach of Duty of Care) means that the owner of an Internet connection is generally liable as a Breach of Duty of Care. This is because anyone who opens up a source of danger is legally responsible for all dangers that arise from this source of danger. A source of danger is also understood to be an Internet connection. Even if the owner of the connection is innocent, he is initially responsible for all infringements committed from his connection.

What does the term „secondary burden of proof“ mean in copyright law?
In simple terms, the secondary burden of proof means that the subscriber must prove that they did not commit the copyright infringement. This is therefore a reversal of the burden of proof to the detriment of the owner of an Internet connection. In principle, he must prove his innocence.

How can the owner of the connection fulfill their secondary burden of proof?
In principle, he must prove that there is a serious possibility that another person has committed this copyright infringement. Unfortunately, case law applies very strict standards to this presentation. For example, it is not possible to simply prove that you were not present at the time of the download. In many cases, case law requires that you state the name and a summonable address of the actual perpetrator. If you are sued by Frommer Legal, you should always instruct a lawyer with expertise in copyright law.

Installment agreement with Frommer Legal?
Under no circumstances should you sign an installment payment agreement with Frommer Legal. If you sign this, Frommer Legal will have a written acknowledgement of debt against you. It is then very easy to file a claim against you. Let lawyer Dr. Losert advise you free of charge on how you should behave in the event of an installment payment agreement from Frommer Legal.

Do not make a down payment to Frommer Legal!
It has been established case law for years that if you pay an amount, however small, this payment is legally deemed to be an acknowledgement of a claim. Even if you only transfer a very small amount to Frommer Legal, this will be interpreted as an acknowledgement of debt. Many warning letter victims think that by paying a small amount, Frommer Legal will no longer pursue their claims. But this is a fatal mistake that you should not make.

Does legal expenses insurance pay for legal fees in copyright law?
Most legal expenses insurance policies do not cover legal fees for copyright warnings. If you do have legal expenses insurance, you can describe the case to the legal expenses insurer and ask for a cover note as a gesture of goodwill. Sometimes this is successful. If you have received such a cover note, please scan it to me. I can then try to settle my work for you with your legal expenses insurance.

I have no money for a lawyer. Can I still instruct Dr. Losert as my lawyer?
The answer is yes. To do so, however, you must first submit a certificate of legal aid, which you can obtain from the legal application office of the local court responsible for your place of residence. You must bring proof of income with you to the local court and thus prove that you have no money. As a rule, the notice of receipt of Hartz4 or unemployment benefit is sufficient. Please note that I can only act on your behalf if you send me the original counseling aid certificate by post in advance.

When do the claims of Frommer Legal become time-barred?
The Federal Court of Justice (BGH) has confirmed that claims for payment due to copyright infringement are time-barred after ten years at the end of the year in which the claim arose. The ten-year limitation period follows from the fact that the claim is a so-called tortious claim. So if you commit a copyright infringement in August 2023, the claim will be time-barred at the end of December 2033. Nevertheless, it is Frommer Legal’s practice that payment claims are usually brought after around three years, if at all.

Will I get a criminal record for file sharing?
File sharing can constitute a criminal offense under the Copyright Act. However, in my work as a lawyer since 2010, I have never experienced that the law firm Frommer Legal has filed a criminal complaint for file sharing. This criminal complaint would also have no chance of success, as it is not possible to prove that the subscriber has engaged in file sharing. This is because, unlike in civil law, the public prosecutor’s office must positively prove the guilt of the accused. If the accused remains silent in the criminal proceedings or denies committing the offense, this proof of guilt is not possible.

Can I represent myself in court in legal proceedings brought by Frommer Legal?
Due to the amount in dispute, claims for file sharing are almost always brought before the local courts. The competent court is the local court of the place of residence. There is no obligation to have a lawyer before the local courts, so you can represent yourself. Only the regional courts require a lawyer. However, the local courts are often biased against the victims of warning letters and sometimes make excessive demands on the presentation. It is therefore better to instruct a lawyer if court proceedings are to take place.

Is there a way to avoid a court hearing?
It is possible to avoid a court hearing even after a lawsuit has been filed. In this case, a settlement can be reached that ends the court proceedings. This settlement is then recorded by the court and there is no longer any need to hold a court hearing. The advantage of such a settlement is that court costs are saved. The law firm Frommer Legal also often agrees that no additional settlement fee is payable. In such a settlement, an installment payment agreement can also be made. Frommer Legal also takes into account the social circumstances of the defendant. If proof of low income is submitted, Frommer Legal will recognize the defendant as a case of social hardship and reduce the principal claim.

My IP address does not match the IP address in the warning. Is there an error here?
There are two IP addresses. One IP address is the static address, which does not change. Another IP address is the dynamic IP address, which is reassigned every time you log on to the Internet. This dynamic IP address is indicated on the warning letter.

How does Frommer Legal obtain my data?
Frommer Legal commissions investigation companies to participate in file-sharing networks. One of these investigation companies is Digital Forensics GmbH. The dynamic IP addresses are determined from these file-sharing networks. In a further step, Frommer Legal applies to the regional court for an authorization order pursuant to Section 101 (9) UrhG. This authorization order states that the provider is permitted to provide Frommer Legal with information about the names and addresses of the users in accordance with Section 2 No. 70 TKG. The costs of these proceedings will be borne by the client of Frommer Legal as the applicant.

When does file sharing constitute unauthorized public access?
The file-sharing networks are set up in such a way that when a copyrighted work is downloaded, an upload also takes place at the same time. This upload constitutes making available to the public in accordance with Section 19a of the Copyright Act. This is because the work is made available to the public during this upload. According to case law, this is sufficient for the accusation of making available to the public.

Do I have to comply with Frommer Legal’s deadline?
I hear from many warning letter victims that the deadlines set are very short. This may also have to do with postal delivery times. However, experience shows that Frommer Legal sends several letters before a complaint is filed. Therefore, missing a deadline usually has no consequences. However, you should not postpone this warning and instruct a lawyer promptly. If you want to be on the safe side, you can also contact Frommer Legal and ask for an extension of the deadline. You can also inform Frommer Legal that you would like to instruct a lawyer. However, you should not provide any information about the content of the case. However, it is best to instruct a lawyer to represent you straight away.

Can the submission of a modified cease-and-desist declaration also have negative consequences?
Many recipients of cease-and-desist letters think that a modified cease-and-desist declaration could be interpreted to their disadvantage. There is sometimes a view among legal laypersons that „something must have already happened“ if someone submits a modified cease-and-desist declaration. However, a modified cease-and-desist declaration is characterized by the fact that it does not contain an admission of guilt. A common formulation for such cease-and-desist declarations is that they are issued „without prejudice to the factual and legal situation“. In my many years as a lawyer, I have never seen a court take a modified cease-and-desist declaration as an indication that the person being warned is guilty.

Should a defendant negotiate with Frommer Legal?
I can only advise against negotiating with Frommer Legal out of court. In many cases, the legal and factual situation is only presented one-sidedly by Frommer Legal. It is better to take advantage of the offer of a free initial consultation with lawyer Dr. Losert.

Is it useful to find out about Frommer Legal in forums?
In general, it is never a bad idea to find out about the activities of Frommer Legal in forums. However, it is better to contact a lawyer who has experience with over 1,500 warning letters. I offer you the possibility of a free initial telephone consultation in the event of a warning letter. Simply give me a call; it is not necessary to make an appointment.

Which file-sharing networks are affected by a warning letter from Frommer Legal?
In its warning letters, the law firm Frommer Legal names the file-sharing networks for which warning letters are sent. For the BitTorrent file sharing protocol, these are uTorrent, Vuze, Azureus, Transmission or BitComet. For the eDonkey2000 file sharing protocol, warnings are sent for participation in MLDonkey, Shareaza and eMule. Caution is also advised when participating in PopcornTime, Time4Popcorn, Cuevana, Zona and Isoplex. These providers are not streaming services, but file sharing programs.

Breach of contract liability also for public WLAN?
Owners of restaurants or cafés often ask themselves whether they can be held liable for the file sharing of their guests. Since October 31, 2017, the „Stoererhaftung“ (Breach of Duty of Care) for operators of public WiFi has been abolished. In principle, this also applies to the operators of a private connection that is made available to the public.

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