The district court Charlottenburg has recently sentenced a Polish filesharer under German law. The so-called flying jurisdiction in accordance with § 32 ZPO means that the Abmahnkanzleien now, according to this judgment from Germany to warn all EU citizens.

Jurisdiction = Labor procurement measures for Abmahnkanzleien

Good news for all lawless lawyers. In the opinion of the district court of Charlottenburg, citizens of the EU may now be warned because they have publicly distributed copyrighted material.

For the Düsseldorf software company Astragon Entertainment , the Berlin law firm Nimrod Rechtsanwälte was able to enforce the claims against a Polish defendant under German law . The defendant is not resident in Germany, but the company affected by the copyright infringement already. Therefore, the judges in Berlin believe they are consistent in this case.

District Court Charlottenburg condemns filesharers from Poland

In future, the lecture, a perpetrator from abroad have committed the infringement in the opinion of the law firm Nimrod no longer be sufficient. They also want these cases " see persecuted ". For lawyers working in the Abmahnwirtschaft this is good news. In the past you had to sort out the foreign IP addresses after the capture of the exchange partners in the P2P exchanges. So far, one had to forego the dispatch of warnings to other EU countries, because the German courts were not responsible.

This is for the time being only a single judgment of a local court. It remains to be seen whether one would consider the opinion of the highest court, should in future a defendant party to appeal all existing legal remedies. The matter has not yet been finally decided. The ruling from Berlin Charlottenburg is still good news for many lawyers on both sides (representatives of the rights holders and warned) dar. It shows all the more that an early agreement makes sense. Who receives a warning, should necessarily turn on a technology-savvy specialist lawyer for media law !

It remains the same: to operate without VPN file sharing same , has always been something like Russian roulette in Germany. But now it is the same for our European neighbors, as long as filesharing concerns the works of German companies.

PS: We would like to have the verdict in detail. However, the PDF document linked to Nimrod Rechtsanwälte was linked incorrectly and only leads to the backend of WordPress.