File Sharing
File Sharing
Are you a video game developer or publisher, or a rights holder of film works? Do you want to ensure your copyrights are protected and take action against piracy and illegal uploads and downloads? Are you fed up with your rights being systematically disregarded? Do you want to stop seeing your own distribution and sales efforts disrupted by activity on file-sharing networks?
For many years now, we have been representing rights holders from Germany and abroad, international development studios, and successful publishers in the prosecution of copyright infringements on the Internet. They all trust us as their attorneys of choice and rely on our efficient processes for enforcing their claims.
Our experience is drawn from tens of thousands of out-of-court and court proceedings. With our teams of attorneys in Hamburg and Berlin, we represent our clients in courts across Germany—from Flensburg to Frankenthal—including local courts, regional courts, and higher regional courts. In seven cases that we have litigated through the various levels of the court system, the Federal Court of Justice (BGH) has consistently upheld our legal position and overturned or corrected—in key respects—the dismissals issued by the lower courts in favor of our clients:
BGH, Decision of Oct. 25, 2012, I ZB 13/13 - Two Worlds II
Federal Court of Justice (BGH), Order of May 15, 2014, I ZB 71/13 - Deus Ex
Federal Court of Justice (BGH), Order of April 26, 2017, I ZB 41/16 - Attorney’s fees in authorization proceedings
Federal Court of Justice (BGH), Judgment of July 13, 2017, I ZR 193/16 – User ID
Federal Court of Justice (BGH), Judgment of March 22, 2018, I ZR 265/16 – Riptide
Federal Court of Justice (BGH), Judgment of July 26, 2018, I ZR 64/17 – Dead Island
Such affirmations by the highest court naturally make us a little proud. However, we are and remain fully aware at every stage that we conduct these proceedings not for their own sake, but for the benefit of our clients. Our successes are, above all, successes for our clients. Our consistent enforcement of claims has led to the recovery of substantial damages for our clients in recent years. At the same time, with regard to our clients’ respective rights portfolios, there has been a significant decline in copyright infringements in the area of file sharing.
We attribute this to our work as well. Every well-advised opponent knows today that the cease-and-desist letters from our firm must be taken very seriously and that, in case of doubt, legal action will follow if a settlement is not reached beforehand.
Online forums warn against our firm’s activities, and attorneys frequently advertise by referencing the work our firm does on behalf of our clients. This acts as a deterrent. This benefits our clients. It creates the space to sell your products without illegal outside interference. In doing so, we always act on your behalf with sound judgment—wherever it appears necessary in the interest of our clients—but we also act consistently.
