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ExtraTorrent.cc > Articles > German Mother Fined 50,000 Euro’s For The Copyright Infringement

German Mother Fined 50,000 Euro’s For The Copyright Infringement

German Mother Fined 50,000 Euro’s For The Copyright Infringement

Added: Monday, March 8th, 2010
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
A German mother of five has lost her appeal in a German court over the charge of copyright infringement on around 1000 songs illegally downloaded to her IP address, and made available for file sharing.

The woman who had banned her children from using the home computer and internet connection to engage in copying/download files that were deemed to be copyright-infringing. Without her knowledge around 1,000 songs were made available from that connection for file sharing, which was traced to her and she was then sued by record labels.

2009.06.19downloadin.jpg

In the original trial the court had ruled that the owner of a home wireless network is not responsible for the activity of other people on that network and that the network owner was responsible for the copyright infringement.

But this decision was overturned in a higher court which stated “Parents or guardians can be legally responsible for the behavior of their children using home internet connections”, and that the woman had a duty to monitor the use and content for which her internet connection was used.

The woman argued that she was unaware of these files and them being made available for sharing on the internet and that it was due to the actions of one or more of her five children whom she had constantly reminded not to take part in the downloading of illegal material. The Court said that the woman must be liable for the activity as it was her ISP address and she paid the bills.

This court case was about recovering the legal costs for bringing the copyright claim. The claim was for 1,000 violations at 50 euro’s per track (A figure per infringement recently made law in Germany) which comes to a total of 50,000 euro’s. On top of this the mother will also have to cover the cost of the court case and her lawyer, estimated at another 2615 euro’s to the record companies’ lawyer, 1368 euro’s to the court, and up to 2,615 for her own lawyers.


By:
uncle_ALF_and_auntie_social
March 8th, 2010

Posted by: 
SaM

Date:  Monday, March 8th, 2010



Comments (12) (please add your comment »)

1
posted by (2010-03-08 12:01:54)
kottonface avatarWhen are they gonna learn that an IP address alone does not prove infringement. I wish her the best of luck in her case. Thank you ALF and SaM for post...most interesting. :)

2
posted by (2010-03-08 13:26:02)
No avatarWhat about the other millions of people doing the same in the world though? Not forgetting copywright infringement is a minor offence compared to a lot of things that are happening!!

3
posted by Site Friend (2010-03-08 18:07:57)
magiccrack avatarMaybe if she had a wireless connection she could blame it on the lad sitting out in his car using a laptop to illegally download music to their system.

Thanks for the read, but the legal system for this sort of big bhoys comming down on the ppl should be looked at theres too many loop holes, and when courts and companies are making examples out of ppl, is this thie right message for the legal systems to be putting out.

I think not.

I wish you the best of luck with your case and keep it in the place to be!! ;)

(ppl feel free to slag me, you normally do) lol :D

4
posted by (2010-03-08 18:11:14)
darcman avatarIt should be nothing, but $1 per song would be plenty

5
posted by (2010-03-08 19:50:57)
4JIMi2sTEXAS0 avatarthat sucks... if only they knew how many songs and movies i have

6
posted by Blocked (2010-03-08 22:46:02)
menahunie avatarCare to make clear this part of your article more clear?
In the original trial the court had ruled that the owner of a home wireless network is not responsible for the activity of other people on that network and that the network owner was responsible for the copyright infringement.

First you say a wireless network owner isn't responsible; then later you say they are??

The point I see is her "Kids" made the files available for sharing; they just didn't leech the files they "shared" the files.
Also another point as made in another poster; Just having an IP isn't enough; here that is; but did these "record" companies show they downloaded these shared files from this woman's network?

I person know got a notice and was sued. Thing was it was fake files from these companies and they were suing them for "copyright" violations. Thing was they showed the originating IP was from these companies and asked them for a copy of the "copyright" material they were suing him for. They couldn't produce it since they showed the court there WAS NO COPYRIGHT MATERIAL DOWNLOADED as claimed by the companies. Another point they made against these companies was if they the "companies" setup a "honeypot" or upload fake files with current title names on them; they themselves are not able to recovered claimed damages since THEY THEMSELVES made the "files" available.
The point I am trying to make is you leave your house front door open; put a sign there with and arrow on it, stating money on table by front door to take; then some one takes it. You then charge them for theft? NO YOU CAN'T Since it either would be entrapment or no charge possible.

7
posted by Site FriendET junkieET loverSupermanSun (2010-03-08 22:47:07)
texasguy avatarsame here everything will work out for her

8
posted by (2010-03-08 22:59:22)
RunsWithBulls avatarI would be going to jail after all of that cause i would have killed my child over that kind of cash (just kiddin). She should of been watching what her kids downloaded but that can be alot to ask now a days with all the time people spend online. Most people dont even know how to do that without sitting over there kids shoulder. I for one got into alot of crap i shouldn't have online as a kid. I don't feel it would of been fare for my folks to of been sued over any of it and I know they could of. Good or Bad verdict the world as a whole needs to come together on this one and write the law once and for all so it can be brought to the publics attention so nothing as crazy and absurd as this ever happens again! Appeal to a higher court

9
posted by Supermanimmortal (2010-03-08 23:31:15)
Big_A_Little_A avatar@ menahunie sorry for the confusion that should have been “other people on that network(home) and that the network(provider) owner was responsible,” Apologies to all for the confusion.
I have not seen the original transcripts from the first trial, but would assume that the record companies would have tracked the downloaded material to her IP address and then seized the computer equipment from her home and used that as the required evidence to convict her of the offences.
However having just got a copy of part of the transcript from the appeal case, it seems that she the computer did not have any type of security set up not even a basic firewall! And that some of the illegal d/loads were in fact done by either herself or her husband, and they tried to get out of it by blaming the kid’s. Also if they did not even have the sense to protect their I doubt they would be able to tell the difference between a good or bad d/load

10
posted by (2010-03-09 03:47:54)
No avatarwhen will the world learn...soon people will be sued for stealing a sneeze or a fart...these "files" are just a bunch of zero's and one's. it's a bit embarrassing, I guess we should be feeling sorry for the, money sucking record labels? Something needs to be done with them for one and for all. you shouldn't be able to copyright a sound, or combination of sounds, (i.e. a song)

I wonder if she gets to keep the songs?

I also wonder how making her pay 50,000 (to the record companies, court and lawyers) is really going to help put the world back to normal. Will the world ever recover from this ludicrous lawsuit? Sure there will be more to come.

The record labels should use all this time and recourse to scouting REAL talent, cause there's too much crap on the radio these days. Cause we all know where the music industry is gonna be putting that money...up their noses, or to help form another boy band...

Best of Luck to her, and any future victims.

Oh and just for the record, AOL/Time/Warner owns the song 'Happy Birthday' so please be careful at birthday parties, it could cost you $700. Best to turn all recording devices off. I'm sure they'll find a way to get you in the end...ah Earth...is there any better place?

11
posted by Site Friend (2010-03-09 06:06:20)
magiccrack avatarI like the post from #6, yip fake files are used to try and catch ppl and trying to bring them to justice but the downloaded file wasnt copyright, theres so many ways these ppl are "Out to Scare" and basically i always remember this ...



If the companies get a reaction out of you by "Scare Tactics" they will keep trying to stop you by whatever means whether right or wrong, look at microsoft as a perfect example...


They were taken to court for including copyrighted works into there Office Software - everybodys at it!! :D

12
posted by Site Friend (2010-03-09 06:56:37)
karakurachow avatarTY gr8 post



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