Do any of the legal eagles here telling him what to do have any decent appreciation of how the law differs in Germany?
Surely it's a bit of a dangerous game telling him to do things based on an understanding of UK law if in Germany things operate a bit differently.
Exactly. I'm not saying people saying to ignore it are wrong, but it's not always so simple. I think I've made up my mind now as to what I'm going to do:
- I won't sign the cease and desist form provided by the lawyer accusing me.
- I will however send a modified cease and desist form, which will safeguard me from any further problems of this nature.
- Then I do nothing. Any further warnings will be filed for my records, but ultimately ignored unless there is a concrete demand that I appear in court (most of the time a threat to take someone to court is their last move - an act of desperation to get someone to pay).
The fact after all is that I did not even download this file, so it sounds like they're chancing their arm a bit. To take something as small as this to court would be expensive for them and wouldn't be worth the money they would stand to win. Yet, when the evidence they do have is insufficient to stand up in court anyway (which it must be), then they won't pursue it. They are only interested in making money quickly so they send out masses of these letters (I read that in 2011 it was about 8,000 recorded cases) so if they are successful with just 25% of them, who just pay up immediately, then they've already made almost €2m - and that at the cost of a bit of their time and thousands of postal stamps.
No worries people. I'm not going to bow down to these unreasonable, uncompromising, immoral vultures. I just want to understand the situation I'm in as fully as possible. And proving my innocence is just a part of this.