Mike Rasch, data protection law specialist – the interview on the topic of “troublemaker liability”
Interviewer: Mr. Rasch, thank you very much for taking the time for this interview. Could you first explain what exactly is meant by the term “liability” in the context of file sharing?
Attorney Rasch: Of course, gladly. Liability for interference comes into play when someone enables copyright infringements via their Internet connection without themselves being the perpetrator. This can be the case, for example, if file sharing is carried out over your connection without you being personally involved. In such cases, you could be viewed as a so-called disruptor because you have created the technical prerequisites for this.
Interviewer: What does that mean specifically for the connection owner?
Attorney Rasch: If you are identified as a troublemaker, you are generally not responsible for compensation. However, you could be required to refrain from future violations and to pay the warning costs. The Federal Court of Justice puts it this way: You are liable for injunctive relief if you “willfully and adequately causally” contributed to the injury without being directly involved.
Interviewer: What about monitoring other users of the Internet connection?
Attorney Rasch: The requirements for monitoring depend heavily on the circumstances. There are usually lower requirements for adult co-users such as spouses or life partners. However, with underage children, you may be expected to teach them and monitor their behavior. The exact obligations can vary and are sometimes still legally unclear.
Interviewer: Has the legal situation regarding file sharing warnings changed recently?
Attorney Rasch: The situation has certainly improved in recent years. There are more and more judgments that are in favor of connection owners. But there are also cases in which courts see the connection owner as the perpetrator, especially if other potential perpetrators can be ruled out. It is therefore important to react quickly and appropriately in the event of a warning.
Interviewer: What should those affected do if they receive such a warning?
Attorney Rasch: It is advisable not to ignore the warning and not to prematurely issue a cease and desist declaration.
Interviewer: Mr. Rasch, thank you very much for this insightful information and your time.
Attorney Rasch: It was a pleasure. I hope I was able to bring some clarity to the topic of liability and would be happy to answer any further questions.
2024-03-16 06:47:47
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