Thursday, November 29, 2012

Music and film industry could proceed soon directly against children

The Supreme Court recently liable parents for illegal downloads, which told children, not always. But still, not all the consequences of the judgment to file sharing are clear.For Federal Justice Minister Sabine Leutheusser-Schnarrenberger (FDP), the danger is averted. Parents are not unlimited liable for their children – this applies to construction sites and on the Internet, the Minister rejoiced after the recent ruling of the Federal Supreme Court (BGH). In practice, it is however significantly more sceptical, lawyers see a new threat: It may be that the music and film industry is no longer against the parents, but against the children, said the Cologne lawyer specializing in copyright Otto Freiherr Grote Der Tagesspiegel.

The Supreme Court had ruled last week that parents not for illegal music downloads of their children shall be liable if they they had taught previously in that participate in file-sharing networks is prohibited (AZ: I ZR 74\/12). This is good news for parents: Many breathe, Grote knows. They hope to be spared in the future by warnings of the music and film industries.sas_pageid='32375\/222620';sas_formatid=13557;sas_target='';sasmobile(sas_pageid,sas_formatid,sas_target);.
So far that is a lucrative business. On behalf of media companies lawyers scour exchanges for years specifically on the Internet for users who offer music tracks or movies for download. The IP addresses of computers and a demand for the providers, they come to the names and addresses of the subscribers. For the copyright infringement, the law firms require 500 to 1000 Euro - compensation for the infringement of copyright and to their often lavish compensation then.
Although Federal Justice Minister Leutheusser-Schnarrenberger wants to limit the amounts for such Internet - copyright disputes and consequently the Attorney's fees, but their draft is on ice because Interior Minister Hans-Peter Friedrich (CSU) blocked the project.
Family lawyers consult so far prefers the parents. Them are accused that they have not sufficiently supervise their children, that they should adhere. This accusation should pull the new BGH judgment but not more quite. In case of doubt, every family will say that the children had been sufficiently admonished. And: who wants to prove you the opposite? Parents have now better prospects of success, Attorney Grote, confirmed they should leave it now to get.
Many families have so far spared a dispute before the Court. They have rather himself on a comparison and paid at least a portion of the demanded sum. Anneke Voss of Verbraucherzentrale Hamburg understands that: In the majority of cases a copyright infringement is actually, admits the Hamburg-based lawyer. Because already simple, unauthorized downloading is illegal in most cases, the retransmission on the Web right. And in the totals that are in the game, one could also hope not lawyers drop the thing. Whether the new ruling that actually cleans up, remains to be seen, Voss says: You must look at once the judgment. And it comes only next year.
The music industry has already announced that she will give for not so fast small. The judgment of the Federal Court of Justice was a free-for-all for concerned parents, says Florian pressures, Managing Director of the Association of music industry.
If they do not get to parents, can contact the rights holder to the children, warns lawyer Grote. Because there is no reason to allow children and young people from the liability is different than in contractual matters for claims for damages due to the violation of rights of ownership or other right minority. Here it comes only to the intelligence, says Grote, so to the question whether the young people can capture the injustice. However, the lawyer is not sure whether the music industry actually dares that. We are curious to see whether the industry criminalized 13 year old on the school yard.
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the Pirate Party needs more wide inlet to.
iawdw have no successful party congresses at the 26.11.2012 at 10: 01 pm Uhr2. Criminalization of children We are curious to see whether the industry criminalized 13 year old in the schoolyard. I am something like that by not cocked.Of course the industry not at all before this step is afraid, everything else would be contrary to their character and their previous strategy.Probably it will turn it even so, that children Yes not early enough could learn that the Internet is not quite clear, that one etc. should work off a supposed free mentality is pp. And if now one or two quite hell-bent retort: but, but, iawdw! The industry is however dependent on the young people! How should the container industry earn for money like hay with the children and give them Disney-diamond boxes made of particle board for 50