How to react to the copyright infringement warning letter from Rasch

How to react to the copyright infringement warning letter

Keep calm and don’t panic! It is good idea to gather some information on how best to react, so as to limit damage done so far. We can utilise our years of experience in file sharing cases to help you handle the claims.

Be careful! How not to react:

Do not sign or submit the pre-printed, unilaterally-drafted declaration to cease and desist which you have received from Waldorf Frommer, as the following disadvantages could result

  • You would acknowledge the obligation to pay compensation
  • You would acknowledge the obligation to pay the other side’s legal costs
  • You would be bound by the declaration for 30 years and future changes in the law by Parliament or through the courts would have no effect
  • You would be accepting the amount set as contractual penalty, which is often too high

The best way to react:

In light of the above, you should remember that having received a copyright infringement warning letter, you are obliged to submit some form of declaration to cease and desist. In this way, you can avoid costly injunction proceedings. It is therefore highly recommended to submit a modified declaration to cease and desist in order to be able to satisfy the opposition’s cease and desist claim.

The modified declaration to cease and desist should be so concisely formulated that it contains only the essential elements needed to satisfy the claim. Our specialist lawyers with years of experience in file sharing cases will gladly draw up and submit a modified declaration to cease and desist for you.

We would be happy to advise you in a free initial consultation – contact our hotline on +49 (0) 221 – 400 67 555 eingeben.


Back to Rasch – copyright infringement warning letter

Christian Solmecke is a partner at the law firm WILDE BEUGER SOLMECKE. He is the author of numerous legal publications in the area of internet and IT law. He is also an associate lecturer for social media law at the Cologne University of Applied Sciences.

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