[pp.int.general] Companies that trap and sue P2P users in Germany

[Jonas Pöhler]

Yes in Germany there is a law called "Störerhaftung". The owner of the 
line must take security measures to ensure nobody can do something 
without him knowing.

Am 10.03.2012 01:50, schrieb Maxime Rouquet:
> On 03/09/2012 10:49 PM, Markus Drenger wrote:
>> in a court case those companies problably win, by providing "evidence"
>> recorded by their secret p2p-observer software.
> With IP address and time, one may identify the owner of an Internet
> access, but this does not constitute an evidence. Apart from "false
> positive" problems, you have absolutely no certainty whether the user of
> the line at that time was the owner... or somebody else.
>
> In France, courts reject claims about copyright infringement with no
> other pieces of evidence (like confessions, police investigation, etc.)
>
> HADOPI law was a consequence of that : first they tried to get rid of
> the judges by giving to the HADOPI the power to disconnect citizens
> without a fair trial. When the Constitutional Council censored this
> first version, they focused on a "failure to secure" infringement.
>
> Funny point is that detecting an IP address is no evidence that the
> owner of the related Internet access did not secure his connection.
> Presumption of innocence asking for the complainant to bring such
> evidence, HADOPI is in the same dead end than the previous laws.
>
> Has a German court ever ruled a case based on such recordings ?
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