File Sharing

In case that a WLAN is unencrypted, uninvited surfing the web cannot be avoided. The unobstructed access invites to use the open Wi-Fi. This surfing is legal and does not constitute a criminal offence, as long as it is confined to the mere surfing the Internet. However, it should be morally denunciated since whom secretly sneak, scrounges. However, in case of scrounging there is an important risk of unwanted guest such as viruses of malicious software.

Decision of LG Köln (Regional Court Köln) of 01/12/2010, file number: 28 O 594/10

According to the Regional Court of Cologne, the fact of the regular reporting should have met the public consciousness that, by handing over an Internet connection to thirds, right infringements are not implausible. Therefore, parents must ensure, through consistent performance of their duties, that copyright infringements do not occur.

Representatives of the film, music and software industry must still accept considerable sales losses due to the private exchange of their copyrighted works in so-called Peer-2-Peer-Networks. Through file sharing systems, such as eMule or BitTorrent, users unite to a community and exchange the data of their computers. Not only a download of a copy of a copyrighted file takes place, rather the user also offers suitable files even to other participants to upload. The user makes also available the files of other participants which exist on his computer through the P2P network for unlawful download.

Can the bare looking of a film on the Internet be already unlawful? – Juridical action against film portals such as Kino.to

Internet portals which offer actual films and TV series free of charge, illegal per se, for viewing count with bigger and bigger popularity among users. However, for the film industry such portals are seen as a nightmare. During the past years, the film industry had already faced important sales losses due to copyright pirates. Due to the use of the mentioned film portals, the film industry also loses in the commercial distribution a considerable number of customers. The most prominent example at the moment of a controversial film...

Judgement of LG Düsseldorf (Regional Court Dusseldorf) of 27/05/2009, file number: 12 O 134/09

... at least within the scope of the Internet access. The Regional Court Dusseldorf decided that the owner of an Internet connection can also be taken as responsible and liable on a cease and desist letter if a copyright infringement has been committed in a file sharing network by a full aged family member.

Judgement of LG Köln (Regional Court Cologne) of 13/05/2009, file number: 28 O 889/08

Those who make available an Internet access in own household and therefore make possible the participation in music file sharing networks, have the obligation to check and perform if needed. According to the court, to prohibit the children expressly and specifically to download music, it is not enough. As effective action, they would have had to set up the computer with limited rights as well as a Firewall, which prevent the download of data from the computer.

Decision of OLG Oldenburg (HRC Oldenburg) of 08/05/2009, file number: 1 Ss 46/09

The use of an Internet sharing network does not indicate the fact that the user knows or calculates with, that his downloaded files which are stored in the folder "incoming" are automatically available to all other users of the sharing network.