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Stellen Sie Ihre Frage an Kianusch Ayazi.
Kianusch Ayazi
Kianusch Ayazi,
Kategorie: Recht & Justiz
Zufriedene Kunden: 783
Erfahrung:  Juristischer Mitarbeiter at ProfDrPannenRAe
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Kianusch Ayazi ist jetzt online.

Sorry for writing in English. I live in Munich since 2016.

Diese Antwort wurde bewertet:

Hello. Sorry for writing in English. I live in Munich since 2016. For the past 4 years I have not had any legal issues. A month ago a friend visited me in Munich for few days, and now I have received a letter from a law firm (Waldorf-Fromme) asking me to pay 915 eur for downloading a movie violating the intellectual property rights and asking me to sign a document recognizing that I am "guilty" and committing to not doing it again. Needless to say that I was not aware at all that my friend had downloaded a movie on a server using his own latop/IP address while being connected to my home WIFI. He was not aware of the law in Germany and neither did I. Obviusly this will not happen again. However, I was not aware that he did so, and I only discovered now via that letter from Waldorf-Fromme. What should be the best way for me to approach this?
The letter from Waldorf-Fromme gave a deadline of Nov 4th to answer, unfortunately I was traveling for business and only found the letter today. Thanks for any advice.
Dear client,

Thanks for to ur enquiry. I will gladly assist you with your matter.

Kindly provide me with a scan of the letter by uploading it. I will then assess the issue for you.

Should you wish to discuss the matter telephonically, kindly book a phone call as a premium service. I will then schedule a phone call with you shortly.

Kind regards,
Kianusch Ayazi, LL.B (Bucerius Law School)
- Rechtsanwalt/attorney-at-law -
Kunde: hat geantwortet vor 26 Tagen.
document is scanned and uploaded. Thanks
Kunde: hat geantwortet vor 26 Tagen.
Dear Kianusch Ayazi, please kindly let me know if you have received the file. I am very worried about the situation which completely caught me by surprise since I did not do anything wrong myself. They had indicated that the deadline to reply to them was Nov 4th (also quite unfair, since I was traveling for work and that letter was simply left in my inbox). Thanks a lot again
Thanks for your message. I will check the matter tomorrow and give you a feedback.

Thanks for your patience.

According to the letter, illegal filesharing activies have taken place via your internet access point at home. This constitutes an infringement of the intellectual property rights of the said company that is now claiming compensation from you.

If you did the alleged downloads/uploads, you will unfortunately have to pay a compensation. Should you however not have done the filesharing activities, you may substantiate who could have used your internet access point for those activities. You will then not be liable for any compensation whatsoever.

As the deadline has expired, I would recommend you to ask the law firm for the extension of the deadline. In the meantime, you should get assistance from an attorney who can respond on your behalf and defend you against the allegations should you not have done the filesharing activities.

If you need further assistance with this matter, you may contact me at any time.

Kindly rate my answer by clicking on the rating stars above (3-5 stars). Thanks.

Kunde: hat geantwortet vor 24 Tagen.
Thanks. Could I ask if you could accept my case and represent me? What would be the cost?
I don’t know any lawyer here and I fear to spend too much for the subject in question. Here are my comments if this would help you decide what to recommend me do:
- the letter was left in my mailbox without any notification. I was traveling outside Germany for 2 weeks and that is the reason why I did not read the letter on time before deadline (I can prove that I was traveling abroad).
- I am the owner of the Wifi connection. I did not do any ilegal act, I did not download nor upload nor sharing any files with property rights. A friend of mine stayed as a guest in my apartment few days, he used his own computer (with his own IP address and not my computer) and he download a film but he did not do any file sharing. He did not know it was ilegal as he is not from Germany, and I did not even know he had downloaded anything. I only found out about this when I have received that letter. I can prove that. Again, the Wifi is under my name, I was not aware of any ilegal wrongdoing and he used his own computer, not mine. The file was not shared.

Thanks for your message. Please rate my advice by clicking on the rating stars above.

You would have to prove that the alleged filesharing activities did not take place. You can do so by substantiating who used your internet access point.

Should you be able to prove the aforesaid, it would make sense to defend yourself against the claim. If not, the claim is valid.

Please rate my advice by clicking on the rating stars above.

Kunde: hat geantwortet vor 24 Tagen.
Of course I can give name of my friend and his IP address. His computer (which now is in Spain) can be analyzed to prove that there was no filesharing. Not only I was not aware, but neither my computer was used. Could you help me with this or should I get a different lawyer ? Thanks

Thanks for your message. I recommend that you obtain the assistance of a local lawyer at your place of residence who can also attend a court hearing if it comes to that, this will be cheaper and more convenient for you.

If there are no further questions left, kindly rate my advice by clicking on the rating stars above!

Unfortunately you did not give a rating. Please click on the rating stars above (3-5 stars). If you have technical issues, please write out your rating.

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