Received warning for red tube streaming - what to do?

Lawyers are currently sending warnings for porn streaming on the video platform Redtube. In this article we have summarized whether you should pay and how you should react correctly.

Warning for Redtube videos - do I have to pay?

There is no general answer to this. In the case of Redtube, the Regensburg law firm Urmann and colleagues (U + C) issued a warning and put the amount in dispute at around 1, 000 euros per clip plus legal fees. Usually applies:

• The demands of the warning firms are generally exaggerated and the legal basis has not been clearly clarified.
• However, if you do not respond to the warning, the law firm could go to court.
• Therefore, you should first respond to the warning with a request to extend the deadline in order to save time. You can download a sample template here; it is best to send the document by registered post.

Take action against your warning. anwalt.de helps!

Do I have to sign the injunction?

• With the fee-based warning, you will also receive an injunction. Under no circumstances should you sign this; the sent explanations usually grant the client too many rights. For example, if you click the warning clip again, you face a high contractual penalty.
• In any case, you should instead submit a so-called "modified cease and desist declaration". Either you have it written by a lawyer (which, however - without legal protection insurance - in turn causes costs) or consult the consumer advice center.
• Or you send - at your own risk - a modified cease and desist declaration based on one of the numerous templates available on the Internet without legal advice. You can find a sample letter in the Loggi Leaks Forum, for example.
• Under no circumstances should you contact Urmann and colleagues by telephone.
• It is also best to send the modified declaration of cease and desist by registered letter with return receipt; if the deadline is very tight, additionally by fax or email.

Pay warning notice or not?

We cannot answer the crucial question of whether you should pay the sums required by U + C; if in doubt, you should definitely seek advice from the lawyer or the consumer advice center.

• You can read about the consequences of non-payment in this article on file sharing warnings.

Porn streaming - that's the legal situation

1. Lawyers are currently discussing whether video streaming is already a copyright infringement or not: During streaming, short sequences are saved in the temporary folder and then automatically deleted. The entire movie is therefore not copied to the hard disk. Court orders have not yet been issued.
2. In order for damage claims to be asserted, it must be an "obviously illegal source".
3. "Obviously illegal" is a page with content that is normally only available for a fee, such as the top 100 single charts.
4. In the case of "Redtube", the way in which the IP addresses of the warned were collected also appears very dubious: there is suspicion that those affected were first lured to the Redtube website with a so-called honeypot. Under certain circumstances, those responsible for this could themselves be legally prosecuted.

Free initial consultation (advertisement)

If you have any legal questions, call 0221/40 06 75 54 44 from the legal experts at Wilde Bauger Solmecke. (Call at the fixed network price, mobile may differ.)

• In our form you can request a free consultation without obligation.

By the way: The Redtube warning wave has already brought up some free-riders who send trojan-infected phishing emails. Read here how you can protect yourself against this.