preface
The following text will focus on a particular matter. Personally, I am obliged in my functions to no more than statements of fact which are published here to demonstrate, if necessary. Of course, but also examine carefully how far the social circumstances of real cases I represent in ethical criteria are publishable. Even though I'm not going to be necessary I consider the texts for consideration to the German Press Council send a corresponding review of the content in relation to "press code", especially Section 8, Policy 5 of "Press Release" to produce. Pending the answer, therefore, for me the name of the law firm has reported the case not be published. My personal opinions expressed in the comment section the other hand, I see absolutely under existing laws. I'll have to check the text but with.
"Press Release"
" As a client of the law firm X. ....., who wishes to remain anonymous says, trying his underage daughter to take her own life after the parents had received a warning file-sharing.
The parents were due to file sharing warning the charging cable confiscated the Internet-enabled mobile phone and issued an Internet ban. Then the minors had an overdose of pills and was taken between Christmas and New Year in the local hospital. The parents discovered this by accident, an hour later, she could have been saved according to their parents no longer good. Whether permanent damage to internal organs caused, is currently unclear.
The suicide attempt took place immediately after the access was blocked to the Internet. The parents are now wondering how to discourage young people from any breach of copyright, without the situation escalating. They want the public in this way like this so that other parents report warned of such reactions to their children and thus the Abmahnkanzleien is clear, may have the influence of some extremely frightening warnings to minors. According to the father of those affected, is probably the media dependency among young people and the business model of sending mass file-sharing warnings probably more dangerous than most parents. It was only a matter of Time before eventually done an even more serious disaster.
The daughter is now maintained for the next six months daily outpatient psychological, if re-offending should be determined, it must be admitted to hospital in a mental hospital.
The daughter still insists that she has never downloaded any movies over the Internet. The parents believe her. Abgemahnt was the alleged uploading of a film work on an Internet exchange market. "
order to halt immediately stop any cravings: I myself have seen the evidence
comment area
The dark side of." Matter of the warnings "
" This raises the parental ban threat of sanctions is not as and the children could freely dispose of the PC and the Internet "[OLG Köln, Az. 6 U 101/09, Judgement of 12/23/2009 ]
" Many women felt far not as strong as men of our campaign 'pirates are criminals' addressed. want to change this situation, and therefore have the poster ' Even pirates women are criminals ' created, the Germany-wide comes to cinemas and video libraries on the World Women's Day. [ Golem.de ]
The previously successful year for copyright infringement on p2p file sharing admonish artists and companies is over. They delivered more than half a million warnings and the participating beneficiaries of the business model, inputs recorded in the hundreds of millions.
addition to the many criticisms of the motives of the "rights holders", which is not 100% evidential investigations, or the exorbitant demands which is that German households are faced during a documented event, which the others on the defense of file-sharing warnings specialized Law Firm X. ...., X. ... serves to point to an instance of maladministration which has not yet sufficiently succeeded in the heads of the responsible persons. Here we must not let the role of the media and the development of reporting in mind.
From time to time, in relevant media (ARD, RTL, SAT1, ...) accounts of the traditional father-mother-child story to copyright warnings to those concerned. They always appear as a copy of an underlying storytelling basic pattern:
* mother / father unexpectedly receives mail from the warning lawyer. Completely over the moon
* Interview with mother / father, general outrage at the height of the sum demanded, helplessness, perplexity
* The culprit is sought, the son / daughter in the found
* Intensive rebuke the son / daughter
* Interview with son / daughter. "I had no idea how bad is the making, everyone."
* Interview with a media lawyer: "Yes, the military values are very high, some courts have but to" pay
* teeth crunching
* Family Takes a Look ". This will be our teaching, we do it again"
helplessness * No more, no perplexity, "Puuuh!"
Such works are not neutral but psychologically astute made PR. With the knowledge that children learn not only through imitation, is played as an unknown event (file-warning) respond appropriately (Son of rebuke, shame should be experienced, etc.). Particularly critical is the reporting so far. [ source ]
following events are, however, for obvious ? reasons not documented: Vanessa R., age 14 years (name changed), had tried between Christmas and New Year's Day 2010 killing by taking tablets after their parents had once again received a warning file-sharing. Back in October of 2010, the upload of a sound recording has been warned in a barter exchange. In December 2010, then followed a warning for the alleged public disclosure of a cinematographic work in a sharing. Vanessa R. had No movies for download. No one believed her!
Primarily the Cologne and Hamburg Court on the issue of liability in connection holder infringements on the Internet, in a series of judgments and orders the "will of the legislature " construed extremely narrowly. Even more striking than the basic direction of the famous Chambers and Judges is already starting in 2009, the purpose of dealing with perpetrators from the family, usually children or adolescents. Especially the course of the above-cited Cologne procedure in which a 10-year-old son of a connector holder as a possible perpetrator of the judges "identified" was pointed out that the courts are guilty of a plaintiff-friendly case law from the reality of life in German families.
The court looked on 12.05.2010 with its first "file sharing verdict" ("Summer of Our Lives") is not able to put an end to the activities.
Although no statistics exist that indicate the proportion of warning letters to heads of household Internet access and owner of the offenses committed by offspring, should be classified as their number enormously. The courtrooms are full of such cases. Most of the negotiations are following the judicial experience of life, " Aha! If the cat's away, the mice on the table. "(original quote from a judge). The judge at the Higher Regional Court of Cologne want to see the "mice" at risk of sanctions, or even recommend a neighborly foreign monitoring of the most intimate content on children's computers, if the "cat" is not technically capable of the "mice" to watch. [See report hearing OLG Köln ] The LG Köln propagated like text block moderately agree that "the wrongdoing of the infringer (children, young people) this shockingly little (of parents) was formed . This view strictly follows the model for including the Minister of Justice of Baden-Württemberg, Prof. Dr. Ulrich Goll, was the force behind " Copyright is for many young people by no means a closed book. You know very well what they can and can not . "[ Lecture - Risk piracy - risks and side effects of illegal downloads - promotes justice ministers students to respect copyright] Now we're talking now about 10 years of" youthful infringer. "A positive balance is not the children of well-written. They are not seen as interested in technology development and joyful group. It is not perceived as the normal Children their pets "from radio and television" absolutely and often hear without thinking or want to see.
fixes a father in the month 100 € in the equipment of the daughter with clothes, music, T-shirts, posters, newspapers linked to tomorrow's forgotten favorite star if he acted well. Supplied, the daughter with a 99Cent song in a sharing itself is a threat to democracy and must undergo a terrorist warning.
will now probably never the case, enter the average citizen and family heads restrictive political models and case law will internalize and for the copyright industry, private investigators (or more evil, the family Stasi) to play. For this purpose, most lack the time or lack of knowledge, lack of technical understanding, whether from "phobic" fears regarding the Internet out of employment, or because people simply do not worry about it. Organized a permanent monitoring of children and young people in the Internet is completely illusory. However, the "responsible parents for their children" just in Cologne conventional wisdom is not merely a hurdle that one experiences when one is in a process. 23.12.2009 The decision was considered so important that we proudly wrote a press release [press release ], which also suffers from it in the husband not reflected in the verdict.
should Socially such illiberal attitude to technology in the nucleus of society, the family, not even be desirable! What image of society they are representing the file-sharing cases involved judges and judges, one a "total surveillance" of offspring demand by parents? Have they ever thought about the consequences of their claims?
In reality, in recent years a judicially authorized regime established in hundreds of thousands of cases to the Justice Minister Goll says: "Who even a MP3 song illegally downloaded or other offers for download, prosecutors opened a lucrative business . "That this business on the fear of Abgemahnt before charges, prosecutor, courts and the existence of risk-based and specialized Abmahnkanzleien earn a fortune conceals it.
A warning that applies to a household regularly beats like a bomb. Here, the senders and are responsible not care how the social conditions. While the notorious porn warnings are taken abruptly retired households, as well as staccato music warnings, for example, for container or sampler chart (Bravo Hits, etc.) within arrive a few days in succession and also social well-established family can rock associations provide primarily for strife and stress and interfere with the fabric of family massively. The scope of a warning for unstable personalities, fragmented families or families where there already is in part due to development problems specific to dissonance is the matter involved, or at least hidden. The dispatch of a warning always includes a risk to meeting the wrong ones. Now, however, it actually huge numbers of violations on the Internet is just by young people. Pursuing this tort is not the problem. The vehicle of the copyright warning is sold as an established rule of law means is the problem. It provides in his state for years for economic damage and it has not prevented any single act of infringement, as the caravan to the next plain - abmahnfreien - place on the Internet travels. The strategy of policy - copyright holders - Case law has failed. We
the reactions of young people and children know exactly from the conversations in the Internet forums. The first hallmark of them is that there are no state or school contact person to whom they can turn to. You need to apply to other persons, committed non-lawyers to learn what it stands for "the thing with the warnings" is all about. One meets hysterical teenagers are barely able to articulate their senses, not because they are "stupid", but because out of nowhere bears an extreme psychological pressure on them. Specifying the actions to immediately and without hesitation and express sincere regret that it took the parents. They represent already wrong with the simplest things, like filling in all the modified cease and desist, but there was sufficient access to make the matter perfectly legal. What the Forum is to organize the discussion with the parents. Also
lawyer X. ... reported by clients, the sleep disturbances have her log off the Internet, or in which the parents of the children simply block access to the Internet because they do not know how to help. Whether this can be the right way to educate young people media literacy, however, it seems questionable.
As someone who deals with the matter personally, but I imagine always the question of what happens to the young people who are not psychologically and legally serve in Internet forums because they can seek help. One may speak of a huge number of unreported cases and knows that before the statute of limitations - appear suddenly, to tell of him - three years after the incident. Thousands? Tens of thousands? Young people do not report it!
It would be exaggerated by a general risk, especially for young people to go out and not advised that such incidents occur, the documented repeatedly in high numbers. The real figure must be regarded as enormous. It borders on the other hand, on a miracle that this story was provided by the persons concerned and recorded. Mass warnings for alleged or actual file sharing in Germany everyday. The everyday life of the mass warnings will continue, the judgments will continue to exert enormous pressure on households, the operator of the lucrative business model will not take care of it.
What factors in detail, the young Vanessa R., age 14 years in individuals moved, have eihnachten zwischenW and kill New Year 2010 with a randomly assembled Cockail of pain fever and rheumatic agents are not to discuss in detail. She is in a dangerous age, has acted for a but in which unauthorized copyright warning in their opinion on them heavily. In the course of 2010 had the "Rechtsverletzerin" already, according to information from the father's well-received on the merits legitimate music warning. She was in his own words then no longer be active in sharing, let alone in the field of film file sharing. 100% proof-secured the family was still a warning. The girl felt left alone. No one believed her that they are not the acts were committed have. She was afraid of the consequences. Parental sanctions in the will of the legislature did the rest.
The good news is that it was accidentally discovered by the parents before the death and could be brought to the hospital in time. She lives, what is most important. Health effects of damage to internal organs can not be estimated. The girl is now treated as outpatients and psychologically one can only hope that their future is burdened with no permanent damage. The parents and the daughter is prepared to make further comments.
But it will not be sure of the last case. For us non-lawyers involved, it is not the "victim of dubious firms. I knew from the documentation that actually already in my introduction to the summer 2008 that such cases will occur at some point and I will know more. It remains only helplessness. None of the commitment can prevent such incidents. This is also the reason why this comment is written at all.
kaltlächelnde The case law and the advocates of the lucrative business model of file-sharing warnings may however be considered right now in the mirror.
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