Re: [tor-talk] Legal problems: TOR relay & Torrents in .de

[Julian Wissmann <julian@xxxxxxxxxxxxxx>]

Hi,

I've had one of those, too a few years ago. Not Tor related though, but
for my privat internet connection at home. Interestingly enough I was on
holidays during the time for which their "timestamp" claimed it had
happened. So I explained that to them, but they didn't care.

So I googled for an appropriate lawyer and took a "Erstberatung" which
luckily isn't expensive in germany. My recommendation would be to send
them the letter Moritz recommended, if they don't care, well find a
lawyer who specializes in this. What the lawyer I talked to did, was to
tell them, that I'm a university student and don't have any income, set
up a "modifizierte UnterlassungserklÃrung" which we sent them and
brokered a deal which was ~60 Euro instead of 1000 and I have never
heard from them again ever since, nor have I payed a dime.
From a friend of mine, who also got one of those, a few months back I
heard, that he took on a lawyer who handles this by sending back a
letter informing them, that "StÃrerhaftung" is void due to breaching
privacy laws and that it was impossible to tell who did this since
several people use that particular internet connection. That lawyer also
claims, that he gets all his clients out of it with this method - I
assume, that filesharing lawyers just won't go through the trouble of
challenging german privacy laws.

If you happen to need the addresses of either lawyer, let me know and
I'll look it up.

HTH

Julian


On 02/04/2013 01:33 PM, Hendrik Neumann wrote:
> Hey guys,
> 
> have been lurking here for a while, but now I need some advice on how
> to handle this special situation:
> 
> I've been running an exit node from my home network for ca. a year or
> so. Now I've receviced mail from 21st Century Fox's lawyers in Germany
> accusing me of torrenting a movie. Since all I offer via Torrent are
> some old PC-BSD-ISOs and "House on Haunted Hill", I'm pretty sure it
> must have been a user from the TOR network.
> 
> Now they want me to pay â1.0000 (which I don't have due to recent
> health problems and unemployment) and sign some papers. I'm not going
> to do that. Even if it turns out to be more expensive, I'm looking for
> legal advice now. So if you do happen to know a lawyer in Germany, who
> knows about Torrents, TOR etc., please let me know!
> 
> Also, I'd love to hear about similar experiences and how you dealt
> with the issue.
> 

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