File sharing warning: How to react correctly

Have you received a warning about file sharing from law firms such as Frommer Legal, Daniel Sebastian, Yussof Sarwari or RKA Rechtsanwälte? Stay calm and act in a considered manner. These warnings can have considerable financial and legal consequences if you do not respond appropriately. It is important to take the situation seriously, but not to panic. This article explains how you should behave in the event of a file sharing warning and which mistakes you must avoid at all costs. With the right approach, you can often reduce the claims or even ward them off completely.

Current case law on file sharing

Case law on the subject of file sharing is constantly evolving. Some important recent rulings have partially improved the legal situation for those affected. In 2023, the Federal Court of Justice ruled that parents are not liable for adult children in file sharing if they have informed them of the illegality (case no. I ZR 120/22). The Higher Regional Court of Frankfurt ruled in 2022 that mere knowledge of a Wi-Fi password is not sufficient for perpetration of file sharing (case no. 11 U 95/21). In 2021, Munich Regional Court I clarified that there must be concrete evidence of the commission of a crime for liability as a perpetrator (case no. 37 O 15821/20). In 2024, the Federal Court of Justice ruled that the operator of a Tor exit node and open Wi-Fi access is no longer liable for infringements such as illegal file sharing (case no. I ZR 19/23). The Frankenthal Regional Court ruled in 2024 on the calculation of damages for file sharing of films (case no. 6 S 12/23). The Higher Regional Court of Cologne ruled in 2023 that the cap on the amount in dispute of 1,000 euros for copyright warnings is still permissible (case no. 6 U 123/22). The Munich District Court ruled in 2023 that connection owners are not liable if they can prove that third parties used the connection (case no. 142 C 65/23).

The most important points at a glance

• Do not sign the enclosed cease-and-desist declaration prematurely
• Do not contact the law firm issuing the warning directly
• Do not accept any settlement offers without consulting a lawyer
• Have the warning letter checked by a specialized lawyer
• The claims can often be significantly reduced or defended against

What you should do in the event of a file sharing warning

1. keep calm

Don’t panic if you receive a warning letter. A warning letter is initially only an out-of-court request and not a court judgment. You have time to react appropriately and seek advice. Rash actions can worsen your position. Take the time to analyze the situation thoroughly and take the right steps. Bear in mind that many warnings are unjustified or exaggerated and that there are often ways of reducing or defending against the claims.

2. do not sign prematurely

Under no circumstances should you sign the enclosed cease-and-desist declaration without checking it. This can have far-reaching legal consequences and permanently restrict your rights. Once a cease-and-desist declaration has been issued, it is generally binding for life. Make sure you have the declaration checked by a specialist lawyer before you take any action. It is often possible to make a modified declaration that better protects your rights. Also bear in mind that by signing, you may be admitting to acts that you have not committed and could therefore incriminate yourself unnecessarily.

3. do not make direct contact

Do not contact the law firm issuing the warning yourself. Any statement could be interpreted as an admission of guilt and weaken your position in possible legal disputes. Have the communication run exclusively through a specialized lawyer. They know how to communicate with the other party without jeopardizing your rights. You should also avoid contacting them by telephone, as this often only serves to put you under pressure. Keep all documents carefully and document the entire process.

4. do not accept settlement offers immediately

Do not accept any settlement offers without consulting a lawyer. These are often not in your interests and can have long-term negative consequences. An experienced lawyer can evaluate the offers and negotiate better conditions if necessary. Bear in mind that the other party’s initial offers are often inflated and there is room for negotiation. Don’t let yourself be put under time pressure, but take the time for a thorough examination. In many cases, claims can be significantly reduced if a professional and strategic approach is taken.

5. seek legal assistance

Have the warning letter checked by a lawyer specializing in file sharing. They can protect your rights and often reduce the claims. An experienced lawyer knows the latest court decisions and knows how best to defend your position. He can check the legality of the warning and raise objections if necessary. Investing in expert advice can pay off in the long term, as it often leads to a significant reduction in claims. In addition, a lawyer will give you confidence in dealing with the situation and can save you a lot of stress.

Conclusion

Considered action is required in the event of a file sharing warning. Do not sign anything prematurely and seek legal advice. With the right strategy, the consequences of a warning can often be significantly mitigated. Keep a cool head and seek advice from an expert. Case law in this area is constantly evolving, often in favor of the warned party. A specialized lawyer can help you benefit from these developments and protect your rights in the best possible way. With a flat fee, I can help you effectively with out-of-court communication and often achieve good results. Remember: A warning letter is not a final condemnation, but the beginning of a legal process in which you have a good chance of defending your position.

Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.