[pp.int.general] Old woman ****ed by copyright lobby - Can we do something?

[Daniel Riaño]

If Germany is now a country where the in dubio pro reo principle went down
the toilet in IP-related cases, we must expect the same thing happening
around in many more countries in Europe, so it is our collective duty to
take action against such cases!

Solmecke told TorrentFreak that initially all a copyright holder has to do
is show that a protected work has been traded via a specific IP-address,
then the accused has to prove their innocence.

“In the next step the defendant has to prove, that neither he nor anyone
else who had access to his internet account did the copyright infringement.
In my opinion our client has proved that fact. If you have no computer and
no W-LAN, there has to be a failure in the backtracking of the IP-address,”
he added.

The bottom line in Germany is that account holders are responsible for
everything that happens on their account and if they can’t prove their
innocence, they are found guilty. The woman must now pay just over 650
euros in damages to the copyright holder.


2011/12/29 Martin Rieth <martin.rieth at piratenpartei-goettingen.de>

> Moin Moin Antior, *,
>
> since this is a german-law-event i include links with a german text:
> the sentence of the court: http://openjur.de/u/257965.html
>
> http://www.wbs-law.de/abmahnung-filesharing/kein-computer-kein-wlan-trotzdem-muss-rentnerin-abmahnkosten-wegen-filesharing-tragen-17951/
>
> http://www.damm-legal.de/ag-muenchen-filesharing-verurteilung-zum-schadensersatz-auch-dann-wenn-der-anschlussinhaber-gar-keinen-computer-besitzt
>
> It seems that the "in dubio pro reo" is not working or not accepted as
> law anymore in all of these types of cases.
>
> I am willing to follow up to this topic and find a german pirate-party
> group (ie: near munich), which will make some press-relevant statements
> or even more ...
>
> It seems to me that this person in question made the mistake of signing
> a paper which declares her being guilty, which is the base of all
> problems.
>
> if anyone pirate with more time and interest is reading this, i am
> willing to leave it in any other german-language-capable hands, just
> answer here. ,-)
>
> I say 42, Martin Rieth
> ----
> http://www.piratenpartei-goettingen.de/
> Piraten Ratsfraktion - Stadt Göttingen
> Hiroshimaplatz 1-4
> 37083 Göttingen
> Tel: 0551/400-3077
>
>
> Donnerstag, 29. Dezember 2011 - Pirate Parties International -- General
> Talk :
> > Hello pirates from the world,
>
> >
> http://torrentfreak.com/retired-computerless-woman-fined-for-pirating-hooligan-movie-111222/
>
> > I just ran into this article, which basically tells of how an old
> > woman in Germany has to pay 650 euros for 'copyright infringement',
> > while she didn't even have a computer at the time this supposedly
> > happened. The judge ruled in favour of the copyright lobby. Apparently
> > in Germany you're guilty if *you've ever in the past used a certain
> > IP* that has been used for 'copyright infringement'.
>
> > It never seizes to amaze me how heartless these copyright guys get. I
> > don't know if this happens a lot in Germany, but this is such a sad
> > case that I'm wondering if we should help this woman pay her fine. If
> > pirates everywhere donate a small amount that shouldn't be too hard.
> > Additionally it shows the world that the Pirate Parties DO have a heart.
>
> > However, I would like to ask the German Piratenpartei first what they
> > think of this, and if they like this idea, I would like to ask them to
> > take the lead in this small project, simply because it will be easiest
> for them to reach this woman.
>
>
> > Thank you,
>
> > Antior
>
>
> Ich sach 42, Martin
> ----- _   _   _   _  . .  _   _  .  .  _  .
>     |-' /-\ |-< /-\ |\| (_) |-< |\/| /-\ |_
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> ! Wieviel Schaden muss eine Firma anrichten, bevor !
> ! wir ihre Existenz hinterfragen ?  -  Paul Hawken !
>
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