The case is simple: a german MINOR (15 years at the time) watched 3 episodes form TV show using POPCORN TIME (that was installed in a TABLET - a gift from a foreign family member? but that's not relevant, i think). So, he watched those episodes in 2015 in the app he thought was FREE to use, and after the family noticed that, he immediately stopped. 2 months later, the MOTHER (owner of the internet connection) received a letter from WALDORF FROMMER indicating the IP addresses, name of the episodes, etc, and demanding the immediate payment of 965 euros (750 + 215) in the name of a well know TV and MOVIE studio. There are other values sums (i don't understand that - maybe for future values if the first ones are not payed immediately).RA Dr. Wachs hat geschrieben: ↑Donnerstag 22. November 2018, 09:39Moin Moin @marcolopes,
first of all i do not know the whole case. This ist what i call "Diagnose durch die Hose". I strongly suggest to take the time and talk to you lawyer-
That being said. You should attack the Mahnbescheid (Widerspruch einlegen). The case will be trialed in Cologne. Hamburg war only the "Mahngericht" for the "Mahnbescheid". I understood, that your laweyer informed Waldorf Frommer about the case and that the minor did it. The problem with your case is that if the minor did not know it was illegal he has not been informed by his parents properly, which means the owner of the Internet Connection (Parents) is to blame (§ 832 BGB). But even if he had been informed, he would get sued himself and he would lose the case. Under German law he is responsible as an minor since he is "deliktsfähig" and had the "Einsichtsfähigkeit" (§ 828 BGB). in my opinión if this goes to court, you or your son in a second trial will lose and it will get more expensive.
The good new is, that your case is a case in which Waldorf Frommer usually is quite reasonable. Since there is a language barrier maybe you did not understand your lawyer properly or all the options he gave you. I would suggest you talk to him and ask about the next steps, i would suggest to strongly discuss a settlement for a lower amount in this case, but as i stated before, I do not know all the facts.
Dr. Alexander Wachs
A lawyer was contacted to deal with the case. He sent an altered CEASE & DESIST letter (i believe the minor was indicated there, but i'm not sure - i will get into that soon - maybe those facts will be dealt if the case comes to court or there is a settlement) and 3 years later (few weeks ago), the internet owner received a yellow letter from the court demanding 1700 euros. The lawyer refuted that payment.