Mennyi az annyi? Kártérítés német fájlcsere perekben
„In short, the BGH confirmed that damages of EUR 200 per song are appropriate when music is communicated to the public via P2P-Filesharing. DSL subscribers were found liable as perpetrators for damages and attorneys’ fees when they did not present alternative facts that could explain why their IP was used for unlawful filesharing. They also had the burden of proof for such facts. When the filesharing was done by the subscriber’s children, they needed to prove they did not neglect their parental supervisory duties. With regards to filesharing, this means the parents need to explain the dangers of filesharing to their children and prohibit the use of such systems. Failure to do so results in full liability for damages and attorney’s fees.”
Ami még fontos lehet a lelkes olvasó számára, az a következő bekezdés:
„Having found that all three defendants liable for the infringements, the BGH confirmed the rulings of the higher regional court of Cologne, granting the plaintiffs damages of EUR 200 for each of the 15 songs that were communicated to the public. The damages were estimated by the court using the licence analogy method. The higher regional court began its calculation at 50 cent per song, and further estimated that it was realistic to anticipate 400 downloads to be made from the plaintiffs PCs, thus totaling EUR 200 per song. This is in line with earlier judgments by the higher regional courts of Frankfurt and Hamburg.”