Warning notice porn: what do I have to pay attention to?

Ippc Law warning

 

The first warning we want to look at are the warnings from the law firm IPPC Law Rechtsanwaltsgesellschaft mbH. The Berlin-based law firm is led by attorney Daniel Sebastian, who is already known for his warning letters regarding copyright infringements on behalf of DigiRights Adminstration GmbH. The warnings of IPPC Law are one of the few in the field of porn warnings that are not a so-called “rip-off” but actually created by an existing lawyer on a legal basis and enforces the copyright of real filmmakers. You should therefore actually take these warning letters seriously and take immediate action instead of ignoring them.

 

What is the warning about? Specifically, in the case of an alleged copyright infringement, the owner of the connection (Internet) is warned, through whose Internet access the illegal distribution of the legally protected film title/work (porn) was made. Daniel Sebastian and IPPC Law represent, among others, the rights of the rights holder MG Premium Ltd, MG Content RK Ltd. or MG Content DP Ltd. as well as many others such as Gamma Entertainment Inc. These companies also offers works and films from the erotic entertainment (porn).

 

According to the cases that were handled via abmahnungshilfe.de, it can be said that quite certainly when downloading a torrent file (via bittorrent) file fragments were not only downloaded, but also provided or uploaded for third parties at the same time. People using this software at that exact moment might have had access to the exact file or title.

What is demanded in the warning from IPPC Law?

 

For an alleged Copyright infringement for which the internet connection owner is responsible, IPPC Law Rechtsanwaltsgesellschaft mbH demands a payment of a settlement sum and the signing of a so-called “cease-and-desist declaration with penalty clause” on behalf of their clients. The demanded sum is intended to end the matter quickly. Therefore, the deadline for submitting the cease-and-desist declaration and, furthermore, for paying the demand is set at short notice, usually a few weeks. If you do not pay, IPPC Law will proceed with  reminder or even a lawsuit in court.

 

What to do in case of a warning?

 

Vorweg: eine Abmahnung aufgrund einer Urheberrechtsverletzung von IPPC Law sollte nicht auf die leichte Schulter genommen oder gar ignoreirt werden, da diese auch bis zum Gericht verfolgt werden können. Über die abmahnungshilfe.de sind bereits hunderte Abmahnungen abgewickelt worden, für jedes Gebiet gibt es einen Spezialisten, lassen Sie Ihren Fall gerne kostenfrei prüfen.

 

Important question: Do I have to give a cease and desist declaration in case of an IPPC Law warning?

 

This should be thought through thoroughly, as further infringement can result in a large fine. Fines for violation of the cease-and-desist declaration can quickly reach up to 5,000 euros. The settlement professional rarely issues a cease-and-desist declaration in the case of such warnings; there are various ways to circumvent this. There is also the possibility to reduce the demanded payments and to negotiate with the other side.

 

CONCLUSION: For IPPC Law cease-and-desist letters it is therefore true that they are definitely genuine, will be prosecuted and should not be ignored.

Youporn warning

 

At the moment, many Internet users are receiving “Youporn” warnings sent in the name of the Munich law firm Auer Witte Thiel. Consumers are requested to pay for the Internet portal “Youporn”, which is actually free of charge.

 

However, this type of reminder is a fake. This was confirmed by the Munich law firm “Auer Witte Thiel” to a consumer advice center, among others. Those affected had received a reminder from the company Wondo GmbH & Co KG in several letters (e-mails). One demanded in it under the name of the above-mentioned Kanzlei a sum of 207 €.

 

What victims should do

 

Potential victims should not be frightened by the letters and should not pay the demanded sum, said Barbara Steinhöfel, speaker of the consumer center on inquiry. She also recommended filing a complaint. It is therefore worthwhile to do some research on the Internet beforehand and, if in doubt, to consult a lawyer.

Why can Youporn users not be warned off?

 

The YouPorn.com website is a so-called “user-generated streaming site”. This means that the majority of the porn movies that can be seen on YouPorn are “user-generated”. This means that the porn movies and porn clips are and have been produced and uploaded by private individuals. The problem is that it is not possible to tell for each film whether it represents an illegality in the obvious sense. If, for example, a film that was produced privately is accompanied by copyrighted music without the user having the corresponding rights, the porn and watching it is already considered illegal. In addition, some of the films shown on “YouPorn” have been uploaded there without the consent of the rights holder, which the viewer (user, viewer) can actually recognize or know only in the rarest of cases.

 

CONCLUSION: As a conclusion, it can be stated that the users of YouPorn are indeed in a kind of legal gray area. However, due to the non-existent legislation, it is highly questionable which contents of the porn streaming websites are really illegal and which are not. If you don’t want to run the risk of being warned in the first place, you should consider which sites you select and which content you then watch there. It currently remains to be seen whether valid laws can actually be enacted that clearly regulate streaming use. A warning from “Auer Witte Thiel” can be ingorized in any case and should be reported.

Redtube warning

 

After Youporn, we now wanted to deal with another big player in the porn business, namely Redtube and the question of whether watching Redtube porn is illegal and whether a warning can be issued here. The question of whether playing a streaming file is illegal and thus prohibited cannot be answered unambiguously, even for this platform. To date, there is no valid ruling that clearly prohibits the viewing of a streamed porn video on Redtube. Furthermore, the streaming user downloads the file only briefly (i.e. temporarily), does not store it long-term and does not offer it to any other party illegally. But: the movie is cached in the temporary folder of the computer – and this is where lawyers come in. Actually, the cache memory is automatically deleted after the computer is restarted. However, in theory at least, the user has the opportunity to copy the file from the temporary folder before the restart and then save or reproduce it.

 

This file is then considered a reproduction and falls under the famous § 53 of the Copyright Protection Act in file sharing. According to this, however, copying is only permitted with the express permission of the rights holder. Otherwise, the copied file may only be used for private purposes and may not be passed on to third parties or offered to the public.

 

So much for the theory behind it, but now to Redtube and the actual warnings: The wave of warnings for porn retrieval via the Redtube portal has made high waves in the media in recent years. Alleged users of the well-known porn platform Redtube – after all, one of the hundred most visited websites on the Internet worldwide (!) – received warnings from a law firm called “U + C (Urmann + Collegen)” for downloading porn. Due to the large number of users on Redtube, not only users who have already received a warning but also those who were still using the site on a regular basis, quickly felt more uncertain about the about the legal allegations. In the end the warnings however only focused on 5 films, including the well-known porn film “Amanda’s secrets”. Here again, the question arises as to how to proceed with such a warning, whether it is lawful and how to react to it.

 

CONCLUSION: Affected parties should not pay and also not sign and return the cease-and-desist letter from U + C. Unlike Youporn cease-and-desist letters, however, you cannot ignore them. Affected parties should seek help from a mediator or lawyer, for example via abmahnungshilfe.de

Xhamster warning

 

Xhamster is also a popular porn portal on the Internet. The same applies to Xhamster as to Redtube , hide.me abmahnung and also Youporn: so far there have been no really justified warnings, so users run a low risk. Nevertheless, warnings have already been reported here as well.

 

Pornhub warning letter

 

As early as in 2017, lawyer’s letters were making the rounds, which were sent out by alleged scammers to ‘porn friends’ in order to ask them to pay up for the use of copyrighted porn films. According to reports, scammers are currently playing a similar game: Hidden behind titles such as “Attorney Guido Boesen” and “Attorney Frank Brückner” , which are not real, e-mail warning letters are being sent in the name of “Mindgeek.

Pornhub belongs to the media company Mindgeek, but it is based in Luxembourg. Recipients of the e-mails can also breathe a sigh of relief because there is no malware attached to the mails. With a simple click on the trash can, the danger is averted and the problem solved.

 

While it quickly becomes clear that the pornhub.com website actually exists, we naturally also wondered whether the company mentioned in the letter does. Here we can give the all-clear because the company Mindgeek cannot be found in the German company register. This is the next proof that the letter is a fictitious warning.

 

CONCLUSION: There were also warning letters at Pornhub, but these were mostly written by scammers and not by real lawyers.

 

Overall, there are only IPPC Law warnings and some Redtube warnings that should not be ignored in the porn sector. In case of doubt, contact abmahnungshilfe.de and have your case checked by trained lawyers free of charge.