Waldorf Frommer’s demands
By sending you a copyright infringement warning letter Waldorf Frommer is seeking the submission of a declaration to cease and desist. Linked to this declaration to cease and desist is a contractual penalty for non-compliance. Furthermore, instead of demanding a compensatory amount and legal costs, Waldorf Frommer demands a payment in settlement. The settlement amount demanded can vary depending on the number of files which have been exchanged and can be € 856.00 or more.
Detailed explanation of the Waldorf Frommer copyright infringement warning letter
On the first page of the copyright infringement warning letter Waldorf Frommer names the copyright holder (Artist or music label) in whose interest they act.
Waldorf Frommer then notes the time and date the alleged copyright infringement took place, i.e. when the music file was exchanged via the IP-address which has been assigned to you. This IP-address is variable and cannot be double checked.
Pages 2 & 3
Waldorf Frommer explains on pages two and three of the copyright infringement warning letter that they exercised their civil law right, provided for in paragraph 101 Copyright Law, to disclosure of information, in order to be able to obtain your personal details. To do this, they have obtained a court order from the relevant district court under which your internet provider has released the required information. Before granting the order the district court examines the case to ensure that a legal infringement has occurred.
Pages 4 & 5
On pages four and five Waldorf Frommer explains that you are liable for all copyright infringements which are conducted via your internet connection.
On page six and onwards Waldorf Frommer explains what claims their client has against you. These include a cease and desist claim and a claim for compensation and the reimbursement of legal costs.
Cease and desist claim
The first claim Waldorf Frommer has against you is a cease and desist claim. Page 6 of the copyright infringement warning letter contains the following:
“The cease and desist claim can only be satisfied by you, through the submission of a signed declaration to cease and desist. To offer our client sufficient protection against future copyright infringements, the declaration to cease and desist must contain an adequate contractual penalty. A simple promise to refrain from conducting copyright infringements in the future is legally worthless.”
The letter from Waldorf Frommer continues by stating a date by which the declaration to cease and desist should be signed and submitted.
To make it easier for you, the law firm even attach, on page 15, a copy of a unilaterally-drafted declaration to cease and desist, which they invite you to sign and submit.
The declaration on page 15 of the copyright infringement warning letter states:
“[you undertake to]…to refrain from making or causing to be made available to the public, the copyright holder’s protected works or parts thereof. This applies in particular to making protected works available for electronic access via file-sharing software on the Internet. The undersigned person undertakes to pay a reasonable contractual penalty to the copyright holder in any case of breach of this declaration. The amount to be paid under the contractual penalty is to be set by the copyright holder according to the principles of equitable discretion and, in the event of a dispute, may be revised by the district court”.
In section 2 Waldorf Frommer explains the supposed compensation claims their clients have against you.
Details of the time spent on the case and the resulting claim value are specified. On page 9 the legal costs based on an immediate payment of €506 are demanded.
Waldorf Frommer continues by stating that, in their opinion, the limit of €100 (as laid down in paragraph 97 a II Copyright Act) does not apply.
Furthermore Waldorf Frommer states on page 12 that their client has a right to compensation for the damage caused and set out a settlement offer.
Page 12 of the copyright infringement warning letter states:
“In the interests of a speedy, uncomplicated and full and final settlement of this matter our client is prepared to accept a one-off compensation payment of €350.”