The publication of the "Balance Sheet" about the Abmahnwesen 2010 has caused some controversy. Interestingly, however, is different from the previous year, rising within the Abmahnfront no organized opposition.
The only word message is the gloss of a gentleman Lampmann the lawyer as co-responsible, significantly, the work " abmahnt The crappy of things."
Since the man is so very funny and eloquent I take today one of his thoughts: " Applied to the file sharing?? Mean more warnings more crimes in the file sharing area, or only that a similar number consistently pursued is "
Since I
consistent litigation practice of his office is completely unknown, I have the current example of a Berlin firm whose consequent legal proceedings are currently looks like this:
In statistics, a Abmahnanzahl recorded from 27 440 warnings. Of these, an approximate number of times we say (may the Lord Lampmann me so happy to find the exact number) 22,000 a known Rechteverfol ... um ... Sorry! ... ascribe rights Consistently tracking exchange market recovery mbH. This is a nominal flat-rate compensation amount of € 422.00 before, but has paid the firm already full accounts within the meaning of full attorney's fees incurred from the infamous military value € 10,000.00.
For the income statement, I use a debt total size of 22.000x422, 00 € = € 9,284,000.00 . The resulting money received by a payer rate of 40% is € 3,713,600.00 .
So much for the area of consistent prosecution. Because the firm can now become not quite follow it consistently since you have deprived for unknown reasons, the mandate. therefore remain outstanding debts amounting to € 5,570,400.00.
For the consistent prosecution now has an office next turned on the mass comparison offers over 100 € to a certain percentage of late payers has shipped. Here we can start from about 9500 addressees, some of which pay. Let us be realistic half a special input amount of EUR € 475,000.00.
The current value of each warning is therefore at an input of € 4,188,600.00 to € 190.39 of which exactly two law firms (or just one?), A Logger Bude allegedly 80,00 € per nose and would get paid for disclosure procedure (Dirt cheap) would need. Power so scarce € 105.00 per warning. Iü damages will not be invoked, and thus presumably handled by the logger Bude what surely is more likely interested in the tax office as me.
could conclude One now and "Hooray" cheer, as a whole is ... yes capped to 100.00, while the RA-payers finance the cost-cap ... just as the legislator has determined thought.
We are talking here about the consistent theme of the prosecution. In this respect, it is expected that all remaining residual payers ausgeklagt completely. For this purpose, a bill before the new law firm paid (omitted double warnings, so a down to regenerating value) which includes 450 non-paying guests at 8 € 5,507,710.00 . In addition to the € 80.00 fee determination and the information costs to be paid ... again approximately € 750,000.00.
Now that I am determined too stupid to answer the question they must answer to us the Lord Lampmann: Does anyone in Germany in the Ernst a sum of € 6.26 Milllionen is moved to fund the consistent prosecution ?
I think its will as a stupid man but rather a term of one day Receivables to a collection booth, the toils of the people at the end of the limitation period, with low-cost services requested and the rest of the money payments not paid eventually pulped ... just as one may assume that the warnings of the rights already barred Consistently tracking exchange market recovery mbH (no collection).
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