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U + C-RAK - Edited Version

Rechtsanwaltskammer Nürnberg
Fürther Str. 115
Frau Katja Rätz
90429 Nuremberg

Re: investigation of a complaint against Urman + colleague Lawyers, PO Box 10 03 27 93 003 Regensburg, formerly kuw Legal ibid., + + + version of the events in the criminal compute-light area and statements in formal notices and warnings for the client Magma Film GmbH, Anna 35-39, 45130 Essen.

Dear Mrs. Raetz,

during the preparation for a potential civil conflict with the client of the above law firm I have information on supply, which although for my process of little importance, which will be checked but I think by the competent Bar should. After testing on your part, I ask you for a brief information about your view of the situation and if your approach. Let me emphasize here at the beginning that I will here außsschließlich conspicuous sign and I will be here arguementieren as a non lawyer.

After a name change and restructuring of the firm KuW lawyers, 93 003 Regensburg now occurs to the 01/07/2008, the above law firm representing the owners of rights to suspected violations of copyright of the client on the Internet, mainly so-called p2p file sharing. Today 63 film titles from the client know where copyright violations by the KuW Lawyers have been warned. Typically, a company in charge [Copy Rigth Solutions, Switzerland] found an IP address of alleged violations be reported to the prosecutor food and provided after receipt of personal data and send the firm a warning letter to their respective terminal holder . Neither in a procedure against such violations, even at a fairly advocacy demand management fundamental concerns exist on my part, even if the present and in what follows and further defined practice within the Judgement of the OLG Frankfurt is about nuisance liability law on thin ice.

often react Connection to the owner warning from the levy of a standardized modified cease and desist letter. Often, however, no payment of the warning claimed "lump sum compensation" is paid. To 07.07. Now a letter from the House Urman + colleague turned up the demands that "Fixed local contribution" of 14-day period, whereas no objection.



is legally questionable, however, I think, the content of the letter itself, the modified cease and desist letter does not Schuldeingeständiss, the input is confirmed by the Registry. Nevertheless, the firm refers to the obligation, "the cost our use and the cost of officials appointed by our clients anti-piracy company ... to wear. "This commitment is underpinned by two judgments. Both judgments deal with cases, however, where both a liability has been established by the defendants and was admitted by the defendant. In the second sentence that is mentioned [LG Köln of 18:07:07, AZ 28 O 480/06] was signed by the offender, and rightly Abgemahnt even engage the original cease and desist letter, which is an admission of guilt. In my view, here is a link created that is not present. Between culprits, who have admitted their guilt and accused that is not their fault given should have just know how to distinguish a high-level media law firm at any time.

lawyer Andrew Gerstel writes: "Lawyers are subject to the legal profession of the legal profession. The boundary between permissible and meaningful pressure on the debtor - in contrast to dubious methods - assessing a lawyer knows exactly. There is no danger of jeopardizing the sometimes dubious methods of some collection agency your reputation "

Bundesrechtsanwaltsordung. § 43a basic obligations of the lawyer, (3) A lawyer shall not act in which he practices irrelevant. Irrelevant in particular is a behavior in which it is the conscious dissemination of falsehoods or those disparaging remarks is, to which the other party or the course of the process have given no reason.

pulls Unfortunately, this "deliberate dissemination of falsehoods" by all the activities and also the website of the firm. One of many examples found in the automated warning, section VII "The competent prosecutor handled the matter of criminal law at its own discretion, regardless of civil law from the side. We point out that eludes the actions of the prosecutor our sphere of influence, we also no influence have on the investigation may, for example by withdrawal of a complaint, "The continued active Internet presence KuW Legal expressed much more clearly:". If you have received as a violator a warning letter from us, you can assume the following considerations: our data we obtain due to a criminal complaint with the relevant competent prosecutor of this. There are pending criminal proceedings against you so. "[...] The prosecutor forwarded until an investigation, after examining the initial suspicion. The result was so positive in your case. [...] "The transition Ermittlungs-/Strafverfahrens display from the refund can not be influenced by us. . Whether the prosecutor discontinues the proceedings or a search warrant is requested from the investigating judge at the discretion of its respective Staatsanwa (ä) lts /-in "

These statements are contradicted by a letter from the Prosecutor's food, which reports on the mode:



addition, quotes the manager of the client that the evidence with the prosecutor's food had been clarified and "Accepts" of this action was. In this respect, but it should be to imply that the firm Urman + colleague davon Kentniss hat.

Abrede...

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Comcast

Saul Hansel: F.C.C. Chief Would Bar Comcast From Imposing Web Restrictions

Federal regulators are prepared to take action against sellers of Internet access that want to restrict what their customers can do online. Kevin J. Martin, chairman of the Federal Communications Commission, said Friday that Comcast, the nation’s largest cable company, should be sanctioned because it had interfered with the Internet connections of users who were exchanging files with other people. Mr. Martin’s recommendation is a strong push for network neutrality, the idea that Internet access providers like Comcast should not be allowed to favor some uses of their networks over others. The cable and phone companies that provide most of the nation’s Internet service have argued that such rules were not needed. They have said that they should be free to run their networks as they see fit, and that there had been no cases of problems with such discrimination. Comcast’s practice of slowing the use of BitTorrent , a method of trading video, music and software files, provides such a case. The practice was intended to prevent frequent file-swappers from clogging up the company’s network . Under Mr. Martin’s recommendation, which would need to be approved by the full commission, Comcast would not be fined. But it would be forced to change its practices and give the commission more details on what it did in the past. Mr. Martin wants to set a standard that will make it difficult for an Internet provider to discriminate against users based on what they want to do online. [...] Comcast argues that its approach is legitimate, and that the commission does not have the authority to impose any sanctions. “We believe that the network management technique we chose at the time was reasonable,” said Sena Fitzmaurice, a Comcast spokeswoman. She added that Comcast had already said it planned to change its approach to dealing with heavy use. It is developing a system that will slow the Internet connections of people who are moving large amounts of data at busy times.

Ein äußerst interessanter Vorgang. Daneben know all Internet culture flatrate supporters of course the rates of existing tools is the Internet industry are ready to go, or have certainly advanced experimental condition. [Already -AOL-Time Warner is testing a system that would impose significant caps on how much its users could download.] After the all-you-can-eat Internet could generate stable profits, the model is now on the reform, which we actually already have been done. Due to the stagnant economic situation influenced [stagnant advertising, accounts, or even fall away] had the entire industry reporting poor prospects. The great leap of TWX shares in February due up in the Statement: In February, Viacom Chief Executive Philippe Dauman told analysts the economy had no effect on advertising sales at the company's cable networks, Which include VH1, TV Land, Nickelodeon, Comedy Central and others, to that point of the first quarter. [Market Watch] did not take long until the market realized that this statement was nonsense. The second recovery resulted from increases in the rest of the "All You Can Eat". AOL TM allowed himself despite difficult market environment [more competition], the statement "flat year", or "only son bit bad." An air bubble, the faster they flew around the ears. Announced loud-mouthed "Adaptation developments" in a difficult environment set in the management by the above case [all do, but Comcast was able to catch that stupid can be] as an air number: Software used to the limit limit. If now one asks why his telecommunications connection according to the contract works ....

The asking price is given. Even the FCC [not a pope, but Obama could change for our blessing] is relevant. Exploits the weakness of the provider for the flat culture.

PS: "The normative message is that it is wrong to block the Internet," said Tim Wu, a professor at Columbia Law School who is the chairman of Free Press, of advocacy group that filed the complaint about Comcast For Which Mr. Martin is proposing a resolution. "The deeper message he's sending here is that users are sovereign . If two people want to send a file between each other, the carriers are not to get in the way "

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Demirci + Nal - Part II

To
Embassy of the Republic of Turkey
Runge Strasse 9
10179 Berlin

subject: in warnings in Germany order. Association of Turkish music

Ladies and Gentlemen,

with today's letter I would like to draw your attention to a looming problem for Turkish citizens living in Germany. Also affected are people with Turkish migration background. In my opinion, can only the use of your expertise and your knowledge quickly brought out a satisfactory solution.

The respected media firm Wilde and flexors in Cologne writes: "In the field of so-called Abmahnkanzleien recently is a new firm have appeared: the firm Demirci & Dr. Nal from Munich. Their approach has two concerns with regard to peculiarities in comparison to other, now well recognized warning. First, mainly copyright infringements will be advised of works by Turkish artists, including the firm Demirci & Dr. Nal claims to the Association of Turkish music has been commissioned. On the other hand distinguishes the amount of the claim for payment under greatly from those of other Abmahnkanzleien. Thus, if the firm Demirci & Dr. Nal even supposedly offered for download each piece of music based on an argument value of 10.000,00 €. Unlike Clemens, however, about the lawyers quickly posed by an amount in dispute in the amount of € 10,000.00 per song, this is probably not in dispute at 3 violations applied limited, but every individual, supposedly proven violation. This means that if a download services to 300 music files a dispute of € 3,000,000.00 by the law firm Demirci & Dr. Nal is used, against which the firm then referred to the attorney's compensation law (RVG) calculated their fees - a total of € 13,000.00. This puts the firm Demirci & Dr. Nal clearly at the top of the required by Abmahnkanzleien sums, already at 300 and not thousands of downloadable files. Added complication is ultimately also that the firm with the first warning only their demands allegedly rightful legal fees. Moreover, if in the cases of violations of the Copyright Act but also claims for damages. Their additional claim reserves, the firm Demirci & Dr. Nal warning letter, according to their right to get so affected the further costs. "

are of course all right-holders from Turkey, the criminal and civil remedies in the Federal Republic of Germany on the page when it is copyright infringement in file sharing on German soil to track from. Nevertheless, in the Turkish and Turkish youth culture in Germany, certainly no less active than their German peers in sharing with extreme caution and a sensitive approach is required. The importance of criminal charges and endorsements in personnel files of comprehension problems in reading lawyers' letters [often the parents be notified and criminally to prosecute the persons to be] here, there are factors the taking over of the existing German system of warning prohibit copyright infringement. Quickly here are 1,000 criminal charges with "validity" is set for Kriminaltätsstatistiken. In addition, the occurrence of extreme here conspicuous office, which confirmed the heise news agency on behalf of an unidentified music association specifically to warn copyright infringement pieces of Turkish artists. I can hardly imagine that this approach has received the political blessing of the Turkish government.

My plea to you:

first Please immediately contact the law firm Legal & Dr. Erdogan Demir Temel Nal, Schwanthaler St. 41, 80336 Munich.
second Make sure your details. There are currently neither strategic approach, commissioned before anti-piracy company, legitimation of a "federation" and political support information that is necessary in this particular case.
third Please make sure to clarify the approach to political action by the firm Demircu & Dr. Nal, Munich will be stopped. This not the "Log" of persons in Internet file sharing.
4th Please clarify the possibilities of alternatives. The criminal and civil action should be given to the end. There are dozens of viable options of parents and adolescents may minimize the emergence of copyright infringement and are preferred.

Please consider the possibility to come to my requests and contact me as this week. For any queries I am available of course at any time.

Sincerely

[Personal area censored]

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Abmahnung Demirci & Nal, München

will soon be here to see a Turkish translation of the text.

warning for copyright infringement (file sharing) by the Legal
Erdogan Demir & Dr. Temel Nal
Schwanthaler down St. 41
80336 Munich
for illegal downloading and offering of Turkish artists and songs on P2P networks

Users of peer-to-peer networks (P2P) network, the songs of Turkish artists on BitTorrent, eMule, Gnutella or ed2k have loaded and simultaneously offered to the public to upload to, since June 2008 by the lawyers Demirici & Nal, Munich received a warning letter for copyright infringement. Those affected will be advised on the grounds that as a user of a P2P network by downloading and simultaneous offering of songs copyrighted by the lawyers represented rights holders hurt to have. Currently no details about the scope and nature of the letter are known. As a result, you will receive instructions as concerned as they can behave in case of a letter from the lawyers Demirici and Nal. These references do not constitute legal advice dar. It can not be held liable. This guidance includes only the first few days after receiving the warning.

I - The warning - Invitation to submit Unterlassungserkärung.

first Please try after reading the letter to calm down. Every person is shocked and upset by the letter. The letter referred to in item values and attorneys' fees [ legal fees calculator ] However, in the fall of the matter is significantly lower than first feared.

second Please do not call at the Registry. Avoid any statement, whether orally or in writing, to the firm.

third Please read the terms of the warning. Typically, you receive the letter on a Saturday and received only 7 days to respond. Respond immediately. You can check with a lawyer you trust, or from the list of Turkish-speaking lawyers, or a media lawyer in the Appendix in free initial consultation. You can can also attributes to a first request for assistance by private individuals.

4. Within the first few days can and must also questioning without a lawyer to respond immediately to a temporary injunction [shortcut method without consulting the Abgemahnt] to counteract and reduce the exorbitant costs of an injunction on a cost-effective action. They react with the submission of a modified cease and desist letter . Please sign in no way engage the original cease and desist letter of the law firm Demirici & Nal, because your signature is admission of guilt is dar. The release of the cease and desist letter is to the owners, the letter by registered mail / return receipt in fact does the firm Demirici & Nal. For this purpose, see Just the data from the warning letter. Please think of the consequences: you must commit to refrain from something by contract and ensure they carry the promise is being honored.

5th They are in the letter of the law firm asked to make a deposit. Please consult with an attorney before any payment. This text can not be underestimated if you are innocent or guilty, whether a third person has failed through your Internet connection against copyright for which you may be liable. You are in this case are entirely responsible for need to make their own decision. Please note while your attorney immediately to a noted the current sentence in the warning letter of the law firm Demirici & Nal: "Furthermore, our client to claim damages in accordance. § 97 para 1 sentence 1 3 HS. UrhG. The specific amount of the damages claim belibt another letter expressly reserved. "This usually means that even a payment of the amount requested in the warning, the matter does not create the world. So please do not pay in advance without consulting with a lawyer.

II - Criminal page

The actions of the firm Demirici & Nal in this area is as yet unknown. In general, criminal charges are for breach of the Copyright Act to determine the personal data of Internet connections made [IP address] and after determination by the prosecutor changed continuously adjusted so that there is no reason for great concern about police action. Upon receipt of further information in this area is completed.

III - plants

report lawyer Dr. Wax: dispute of EUR 3.000000,00

list of Turkish lawyers in Germany
list of recommended German lawyers
information, help and education
Heise.de Article: The Munich Registry Demirci & Dr. Nal confirmed to demand that they abmahnt specifically copyright infringement of works by Turkish musicians . Asked it is for claims to the Turkish music association.
Florian Skupin : "If you think that with such payment, the matter is cleared from the world, are wrong, however: So the lawyers would like to point out that the assertion of claims for damages." Another letter reserved "is in the not usually remain so for the 13,000 € legal fees, but the cost of Abgemahnt will increase by the "separate writing" even further. "