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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