Warning letter of the law firm Daniel Sebastian
The law firm of Daniel Sebastian has been known for many years as a law firm that offers its clients legal advice and the necessary assistance on legal issues in the areas of intellectual property, copyright and other civil law issues such as debt collection. Thus, Daniel Sebastian is definitely one of the largest and most relevant law firms in the field of copyright, media law, and intellectual property. The law firm at Kurfürstendamm 103/104, 10711 Berlin, therefore sends a high number of warning letters to potential infringers in the area of illegal file sharing, other copyright infringements and other competition violations every year.
Whose rights does Daniel Sebastian represent?
Attorney at Law (RA) Daniel Sebastian represents the rights of his clients primarily against offenders or the owners of an Internet connection and their family members. This often involves the topic of offender filesharing or the clarification of a possible injunction or a claim for damages and the submission of a cease-and-desist declaration in connection with the alleged offense.
As a ‘warning law firm’, Daniel Sebastian also expressly offers the possibility and suggestion of contacting its own office directly in the event of questions or ambiguities. In addition, the law firm offers the service of having its own lawyers issue warnings for legal violations. Here it is made very clear that a Sebastian warning should in no case be regarded as frivolous. The law firm attaches great importance to the ethical handling of the widespread warnings in the area of copyright, trademark and competition law. Therefore, a dubious warning without the legal admissibility or legality of a claim made by the client against consumers or other corresponding participants in competition expressly does not exist.
Warning letter Daniel Sebastian, the most frequently asked questions.
It is also very interesting that Daniel Sebastian very informatively and openly publishes particularly relevant and frequent questions on the subject of file sharing and other warning letters on its own website. Here, affected parties and connection owners can very quickly and systematically find answers to their questions in the area of data protection, the determination of the IP address and many other topics.ce.
If the affected parties still have unanswered questions, they can contact the office of the law firm directly by telephone, as already mentioned. In addition, there is assistance and advice on how to deal with the warning.
The Top Law Firm offers among other things also specific references to the question which possibilities there are, in order to proceed against the demands with the help of a lawyer and/or to reduce these particularly and without special trouble. This approach is so far very exceptional and positive among the large number of warning law firms in Germany. Accordingly, it is of primary importance that the accusations and allegations made in the warning notice are taken seriously and not simply ignored.
In case of this correct behaviour of the warned party, Daniel Sebastian offers his clients the possibility of a judicial dunning procedure in connection with the issuance of a dunning noti
An appropriate behaviour upon receipt of a warning notice
In addition to the representation of clients who have been harmed by such infringements, Daniel Sebastian also offers a representation or a defense against warning letters. In this context, Daniel Sebastian can in particular examine whether a warning based on the allegation of an infringement is lawful or can be averted due to the given background or reason. However, Daniel Sebastian categorically excludes representation in the case of file-sharing warnings, as this conflicts with the interests of the legal owner who is represented on his own behalf and on the other hand.
A legal clarification of the accusations by the lawyer Daniel Sebastian is therefore very useful in many cases. Here, again, it depends on the reason for the warning. In the case of disputed and even contradictory claims and the corresponding legal basis and justifications, it makes sense to seek clarification through legal proceedings in individual cases. Otherwise, you will find an open ear on the law firm’s website for an appropriate and proportionate out-of-court clarification of the demanded claims.
It is advisable, especially in the case of systematic or standard cease-and-desist letters in the area of file sharing, to choose the thoroughly superfluous and legal path and to seek an out-of-court solution instead. In the long term, there have been many cases and judgments in the area of file sharing which have dealt with the illegal distribution of musical works from the German Top 30 or Top 100 and other works such as series or films. The bottom line is that both sides can now very well assess whether it would be more sensible to avoid the judicial effort by seeking or fulfilling an out-of-court settlement.
If you have legal or content-related questions on the subject of Daniel Sebastian’s cease-and-desist letter, or if you need help, it is best to contact our team of experts at www.abmahnungshilfe.de.
Get in touch
You can decide to talk to a settlement expert in order to negotiate a settlement offer from the law firm which sent you the infringement letter. This will be sent to you without any obligation to accept and costs before accepting. All settlement experts have year long experience in this field and have settled hundreds or thousands of cases.
If you require legal advice, consulting or representation, you can decide to submit your case to an experienced lawyer. The lawyers to which your case will be submitted are all experienced and specialised in the infringement regulation.
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